Updated Story (January 4, 2018):
The city temporarily has folded the cross beams down until the cross can be relocated to private property in the Finley River Park. This decision keeps the cross in the park legally since this part of the park is privately owned.
The city released the following statement:The City of Ozark has been working diligently with our partners to find the best resolution regarding the cross in the Finley River Park. In striving to balance the court of law with the court of public opinion, we have identified a solution that will relocate the cross from its current location on City owned property to a privately owned parcel of property. The private property is located at the south end of the Finley River Park, owned by the Christian County A&M Society and utilized by the Finley River Saddle Club Arena. This proposed new location is not on property owned or leased by the City of Ozark. There is no specific timeline for this relocation as the details regarding implementation of this plan are still being determined.
Original Story:
The city of Ozark announced December 11, 2018, through a press release, their plans to unplug and eventually remove the lighted cross from the Finley River Park light display because of a complaint by an organization out of Wisconsin. Due to an overwhelming response after the story went viral on social media and from hundreds of calls to city offices, the city determined to leave the cross up until further due diligence can be made.
The Light Display and Cross Are a Part of the Ozark Community Tradition
The city of Ozark light display dates back over two decades. In the early days many community businesses and organizations donated displays to help make the experience more enjoyable. According to Ozark Mayor Rick Gardner, the youth department of First Baptist Church Ozark donated the cross for the display. The project took three years for the youth department to pay for it.
The cross is permanently constructed from a metal frame built around a telephone pole on the north side of the park near the soccer fields. Whereas many of the light displays are taken down and stored throughout the year, the cross is one of a few that are left year-round. It is only lit though during the light display.
When our young family moved to Ozark in November of 2001, we were surprised by such an incredible light display for such as small town. We enjoyed going to the park multiple times throughout the Christmas season to see the lights, listen to the Christmas light radio station, and enjoy candy canes. We thanked Donna McQuay, who was the Ozark Mayor at the time. Since then, our trips down to the park have become a family tradition. When we go, we anticipate seeing one of the most impressive displays, the cross.
The Controversy
According to Ozark Mayor Rick Gardner, the city of Ozark received a respectfully written email from a group out of Wisconsin known as Freedom from Religion Foundation (FFRF). The letter basically demanded the cross be removed and for Ozark to report back to them when it was complete. The letter also threatened contacting the ACLU for litigation if the city did not comply to the organization’s request. A local member of the group asked the organization to get involved.
According to the Headliner’s Rance Burger, “This group frequently asks other governmental agencies across the country to remove religious symbols too, including Nativity scenes. The group pushes the separation of church and state.” Previously, this same group sought to force Neosho, Missouri to remove their cross from their city park as well (1, 2).
Steve Childers, Ozark City Administrator, explained his reasoning for initially deciding to unplug the cross and eventually disassemble it to the Headliner’s Rance Burger. He reports:
“They [FFRF] gave us all of these Supreme Court cases and cited these different things, and basically said, ‘We’re asking that you take it down,’” Childers said. “I sent that to our attorney, and in visiting with our attorney, she agrees. It’s pretty clear.”
Ozark City Attorney Amanda Callaway provided the legal opinion that the city should stop featuring the cross in its community light display. Her decision, Childers said, is based on years of case law in which cities have lost lawsuits trying to protect displays that could be construed as religious.
However, later in the afternoon, the city issued a second press release through Ozark Public Information Officer Samantha Payne explaining the city had changed its mind until further research could be done.
Local Support for the Cross
In a conversation with Ozark Mayor Rick Gardner, he explained to me the importance of the cross for this community. He passionately discussed his personal support for the cross, as far back to its installation two decades ago. He also mentioned it became abundantly clear to him that our community supports the cross as part of our city’s light display. He guessed that between 98-99% of all contact with the city and him through various means is in support for the cross.
Mayor Gardner committed to look for as many alternatives as he could to work toward a solution that is acceptable to our community and fits within Constitutional law. The rub at times between freedom of religion (the establishment clause) and freedom of speech is complicated. In the meantime, he reassured me that the cross will continue to be lit as it has the past two decades.
Local State Representative Lynn Morris issued the following statement:
The blue cross is lit tonight at the Ozark City Park. To me and thousands of people who drive thru the beautiful Christmas lights the cross stands as one of the most important Christian symbols and gives so many people of faith great comfort. Janet and I saw the cross tonight, stopped in our car and said a short prayer. There will be legal ways to keep the cross lit. I am checking with attorneys like Dee Wampler and others. I will do whatever I can do to protect what is important in my district.
According to local author and attorney Dee Wampler, these cases pop up each year around the holiday season.
“It’s every Christmas we have these issues everywhere,” Wampler said.
However, Wampler says as long as the cross is part of the light display during the holidays, it is legal.
“Absolutely, perfectly 1000 percent legal,” Wampler said. “Totally legal as long as the city decorates with other decorations like Frosty the Snowman.”
How Should We Respond?
As a citizen of this community, I am grateful for the public outcry over this matter. For decades the cross has stood in our town’s park as one of many symbols of the values of this community. It certainly does not represent every person’s beliefs; however, neither does the belief in Santa Claus. Not every Ozark family believes nor teaches identically. I strongly agree with and urge Mayor Gardner to seek out a solution that will facilitate the cross as part of our city’s heritage as well as stay within the legal limits of the law.
There are four key issues to keep in mind as we respond to this controversy.
First, understand that our city is responding to an outside organization which made a complaint via email threatening litigation. Neither our mayor, city administrator, city attorney, nor our city alderman went looking for a controversy. They are now forced to respond to a local citizen who, through this organization, communicated that he or she does not like the cross as part of the town’s light display. For this reason, it is essential that none of us take our frustrations out on our city officials. Although the city’s first response was unfortunate, thankfully, the city reversed course. Mayor Gardner clearly articulated his strong support for keeping the cross as part of this community.
Second, anytime there is an issue in public discourse, for those of us who have a personal relationship with Christ, we must remember that we represent not only ourselves but also Jesus (2 Cor 5:20). Therefore, in our personal attitudes, words, and actions, we must be careful to demonstrate love and respect for our neighbor. Whether they agree with us and our values or not, we must not allow ourselves to be so passionate that we forget our personal testimony before others.
Third, we have a responsibility to obey the law (1 Pet 2:13-17). We need to support those who are seeking to navigate the law to display the cross legally. I’m grateful for men like Dee Wampler and others who understand these issues. According to Wampler, the cross is legal as part of this display. The issue remains to see what the city can do for the remainder of the year between seasons since it is a permanent display on city property. Let’s be patient with our leaders as they seek to work this out.
Fourth, this cross is a symbol of what many consider one of the most important events in human history, the death of Jesus Christ. Christmas celebrates His birth. The entire Christmas season is about Jesus. Were it not for his death, there would be no opportunity for us to have eternal life (John 3:16). Therefore, we celebrate the cross as a symbol of a much greater reality – the hope of eternal life. Yet, this is just a mere celebration and symbol. At the end of every day throughout the year, the greater representative of Jesus and the hope of eternal life is the Christian. At the end of the day, what a shame if we save the cross but lose Jesus in the process.
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Kevin. I would take issue with many of the things you said and how you phrased the motivation behind the request for removal ( it’s not about the person “not liking it) but I’ll save that for another time.
What I wanted to say is this. I’ve read countless articles and opinion pieces on this issue and yours was by far the most level headed and even handed one yet. You refrained from using hyperbole, divisive name calling and unwarranted personal attacks. You and I (as a former Christian turned atheist) will not agree on much, but we can both agree that respect for people and their differing opinions is paramount if we ever hope to bridge any chasm. Thank you and Merry Christmas