HOBOKEN AND BEYOND — While it’s long been a tradition in Hoboken’s Calabro Elementary School to have Santa Claus come in and let kids get their picture taken with him for a dollar, controversy arose this year when a parent complained. The school district told Santa to leave and resolved the issue by having a multicultural picture opportunity involving Santa and symbols of other holidays.
But the controversy didn’t die down. It was reported on CBS news and other places (see links to our prior stories below).
This past Monday, a popular newsgroup in Hoboken, the Hoboken Moms board, got a statement from the schools superintendent. Heated debates had erupted in the group, representing a wide range of views.
The statement was forwarded to the Reporter. Among his comments, Dr. Mark Toback, who joined the school system this year, said:
“…The courts have since determined that governmental bodies … may celebrate religious holidays *in a secular manner*. This includes decorating public places with wreaths and other holiday symbols. The courts have also found that the presence of Santa does not necessarily promote Christian doctrine.
“So far, it sounds like there should be no problem with the Santa photo shoot. There is more to consider. While a picture with Santa may not violate the Constitution, under the format that existed (Christmas photo only), the photo shoot did not promote multi-cultural diversity, which is also considered important in the courts and must be an important consideration in public schools. In addition, an argument could easily be made that the school district is favoring one religion or cultural tradition over another if there is *only* a Christmas photograph opportunity. The fact that the photos were scheduled during the school day and during class time further complicated matters….”
The complete statement follows:
Dear Hoboken Moms,
If you have not had a chance to visit the National Constitution Center in Philadelphia, you might consider doing so should the opportunity present itself. It is a great trip for kids. While children may not initially
think that a trip to learn about the Constitution would be interesting,
that would likely change upon arrival. The Constitution Center is a great experience because the facility and programs are designed around helping people, including young people, understand the importance of the Constitution in everyday life.
I visited the Constitution Center with my family and we had a wonderful time. We enjoyed a number of live skits where actors presented everyday situations demonstrating that the Constitution is alive, well, and relevant today. Looking back at the PTO organized Santa photo shoot at Calabro School, and considering comments I have heard and read, I believe this situation would make a great addition to the Constitution Center programming.
Despite some beliefs to the contrary, the Santa photo shoot postponement was not as simple as school administrators unceremoniously telling Santa to leave Calabro School. Many people have since recognized that the Santa photo shoot is a surprisingly complex situation with legal, educational, religious, and cultural ramifications. This matter required additional review and attention by the school district. The proper and necessary attention that was required was the reason for postponing Santa’s visit to
Calabaro School.
It is well known that the Establishment Clause of the First Amendment prohibits a government entity, including a public school district, from promoting or affiliating itself with any religious doctrine or organization. The courts have since determined that governmental bodies may celebrate religious holidays *in a secular manner*. This includes decorating public places with wreaths and other holiday symbols. The courts have also found that the presence of Santa does not necessarily promote Christian doctrine.
So far, it sounds like there should be no problem with the Santa photo shoot. There is more to consider. While a picture with Santa may not violate the Constitution, under the format that existed (Christmas photo only), the photo shoot did not promote multi-cultural diversity, which is also considered important in the courts and must be an important consideration in public schools. In addition, an argument could easily be made that the school district is favoring one religion or cultural tradition over another if there is *only* a Christmas photograph opportunity. The fact that the photos were scheduled during the school day and during class time further complicated matters.
After careful consideration of the students, concerns expressed by all parties, the school tradition, legal advice, and a variety of other factors, some changes were made with the format of the Santa photo shoot to allow for greater diversity and recognition of other religious and/or cultural holiday traditions. I am hopeful that the community will see that the administrative action to postpone the event and reformat was not for the purpose of moving Santa out, but rather, to bring other cultural and religious customs into the school.
As I approach my first year of service to the community, I am appreciative of the thoughtful discourse that takes place in Hoboken regarding all civic affairs. I encourage all concerned citizens to put this issue in the past and to move ahead and into the wonderful holiday season.
Happy Holidays!
Mark Toback