Crosses return to Knightstown Christmas tree, but...

Just in time for Christmas, the familiar sight of a lit cross returned to the tree in Knightstown's town square on Thursday morning, but not without a few tweaks.

The cross sat a bit lower than usual this year. Its previous perch has been taken by a decorative star.

Also new are a number of smaller, white crosses placed near the base and throughout the tree's branches.

The new positioning of the cross is the result of an ongoing legal battle between the Henry County town of 2,100 people and the American Civil Liberties Union.

Earlier this month, the ACLU filed a lawsuit on behalf of Knightstown resident Joseph Tompkins arguing that the display of a Latin cross on the town square violates the establishment clause of the First Amendment to the Constitution.

Knightstown's town council responded by having the cross removed to avoid a court case it said it couldn't afford or win. What followed was backlash from residents who took to the streets to protest the council's decision and to hand out small wooden crosses.

The town would soon be flooded with crosses as hundreds of others erected crosses in their yards, businesses and cars.

News of the return of the cross spread on social media as images of a utility worker in a lift truck placing the cross on the tree were posted on Facebook Thursday morning.

Ken Falk, legal director of the ACLU of Indiana, said that town officials indicated the cross would return to the tree, but that it would not be placed on the top and it would not be the most prominent figure.

Falk informed the town's legal counsel that a preliminary injunction would not be filed in response to the cross being placed on the tree, but the display will be evaluated and further legal action will be taken if the display is deemed unconstitutional.

The Knightstown Town Council has not yet commented on the situation. Fox59 reports that a town meeting about the cross was scheduled for Wednesday night, but that meeting was canceled.

The ACLU filed a motion to withdraw their injunction request on Tuesday, and after a hearing on the matter, District Judge William T. Lawrence granted the motion on Wednesday.

A telephonic status conference will be held next Tuesday at 10:30 a.m. before Magistrate Judge Matthew P. Brookman.

“Given the litigation’s current status, as presented by counsel for both parties at today’s conference, the court enters a stay on all proceedings in this matter,” court documents state.

IndyStar reporter Fatima Hussein contributed to this story. Call IndyStar reporter Justin L. Mack at (317) 444-6138. Follow him on Twitter: @justinlmack.

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