The Lititz Square Crèche

 

The crèche that is installed every year at the fountain in Lititz Square is a beloved tradition for many. Its appearance is a welcome herald of the holiday season. For anyone driving through town during December, it’s nearly impossible to miss. But some may wonder ~ there it is in the middle of the busy intersection of two state highways. Isn’t there a constitutional issue with an installation on public land that celebrates just a single religion? If it’s there, shouldn’t symbols of other religions be included, too?

I wondered this myself soon after I moved to Lititz. I worried that, when the inevitable challenge came, it would cause considerable distress, anger, and turmoil in our community. In fact, in casual conversation with Barbara Tshudy during the time when her husband Clyde was serving on Borough Council, I suggested that it might be a good plan for the council to take preemptive action and relocate the crèche to a nearby privately-owned location before anyone made a formal complaint. Whether or not the idea was considered is unknown. In any case, no action was taken.

The timing of the complaint, when it did come, was dreadful. Just a few days before Christmas 1993 the Pennsylvania ACLU, in response to a complaint received from an unnamed area resident, notified borough officials that the crèche should be removed. Opposition from community members to the demand was immediate and vehement. A rally and vigil were quickly organized for the following evening. News reports gave the number of attendees as roughly 3,000. Mayor Roy Clair Jr. told a reporter that “until we get a court order, we’re not changing anything.” Borough Council President Russell Pettyjohn added that the crèche would be removed in the first week in January, when it normally comes down. Through a spokesperson the ACLU indicated that if the borough ignores its request, the organization’s litigation committee would decide if the case would be pursued in court.

By late January tempers had cooled and progress was being made in resolving the issues. The ACLU had agreed to delay any court action while borough officials worked to find solutions acceptable to all involved. A newly-formed Manger Preservation Society had taken ownership of and responsibility for the figures in the crèche. By arranging for private transportation, installation, and storage, the society would eliminate involvement of borough personnel in its display and upkeep. What was yet to be determined was a location that was not on public property.

Enter Attorney John Pyfer, who had volunteered his services to the borough when the complaint was first filed. Examination of borough records had not yielded firm identification of who owned the small tract of land on which the fountain sits, so Attorney Pyfer set about performing a detailed deed search. The result was that the Moravian Congregation itself still owned it. How could that be? From 1756, when Lititz was first established, until 1855, when the congregation voted to move from communally held land to individually deeded lots, the Congregation owned all of Lititz. The curved cartway from South Broad to East Main had been established by usage when the streets in town were still just earth and gravel. When streets were paved, the small triangular “island” was left uncovered. And when the streets were dedicated to the state as part of the public highway system, the metes and bounds described precisely the paved roads, again omitting the plot now known as Lititz Square. Because any piece of land within the original borough not deeded out since 1855 still belongs to the Congregation, the issue of the crèche’s location on public land was moot. Provided with documentation to that effect, the ACLU withdrew its complaint.

All that then remained was for the Moravian Congregation to grant permission to the Manger Preservation Society for use of the land. Legal counsel advised the Congregation to add the “Lititz Square” property to the Deed of Trust under which the Lititz Springs Park is operated by an independent Park Board. This was accomplished over the summer of 1994; in September the Park Board set up a separate committee to oversee the Square and approved permission; and in December a refurbished and repainted crèche was displayed in its usual location. It has been there each Christmas since then.

Photo of the crèche is provided by Cory Van Brookhoven, President of the Lititz Historical Foundation. The clip from Google Maps shows the placement of the Square within the PA 501/PA 772 intersection.

~by Marian L. Shatto, 2024