Decorating for the Holidays
Posted on November 23, 2009 at 02:38 PM
As the holiday season is upon us, I’m reminded of a story about Christmas decorations in a condominium building’s common element lobby. The friend who told me this story was a resident owner in the condominium building, and she happened to be Jewish. My only source of this story is her, so please keep that in mind as you read along.
Upon returning home one day in early December, the lobby of her building was decorated with dozens of poinsettias (a red and green house plant that is commonly used as a Christmas decoration). My Jewish friend was not impressed by the display, because in her view it failed to represent the building’s diversity, and in particular, the large numbers of Jewish residents like her. She then wrote an email to the board of directors, asking if she could add a menorah to the lobby (a menorah is common symbol of Hanukkah, a Jewish holiday which also occurs in December).
The board of directors responded that they had considered this option and that she would not be permitted to place a menorah in the lobby. My friend was infuriated. The board further explained that in past years they had placed a menorah in the lobby, but stopped this practice after the menorah was vandalized by a resident, whom they believed was anti-Semitic.
Did the board do the right thing by refusing to place a menorah in the lobby? Does it matter what their reasons were?
In my view, it was reasonable for the board to decorate the lobby with poinsettias. As long as residents would prefer to have some holiday decoration over none, this was the best the board was able to do after considering a number of options.
Do you agree with the board’s decision? Or do you think my friend had a legitimate expectation that the “holiday” decorations in the common element lobby include a reference to Judaism?
Please feel free to leave a comment and share your view.
holiday decorations
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Name: lawreader, December 08, 2009 at 08:59 PM
The Board was wrong in law.
Christmas is a Christian religious holiday. Since the Charter of Rights and Freedoms forbids discrimination on the basis of religion (among other things.
Vandalism of a religious object of a different religion in the past does not justify a refusal in the present or future.
Would the Board have banned Christmas trees if one was vandalized?
The Board used faulty reasoning in their refusal. They missed an opportunity to offer all residents of various religions to share their symbols with others, creating an atmosphere of inclusion instead of exclusion. Further, if the woman was offering to put a menorah in the lobby at her own expense, she was not suggesting that the Board spend Corporation funds, as they had likely done on the Christmas decor.
Does the Board have the right to place one religion over another? I don't think the Human Rights Tribunal would agree. Neither do I. Let the menorah be displayed (use LED lights instead of candles). Lest anyone forget, Jesus was Jewish and was killed by other bigots than the ones on that Board.
The only reason I can think of for refusing would have been if the menorah was to hold any flammable materials that could have started a fire. The same reasoning should be applied to all decorations, whether or not smoking is forbidden on the indoor common elements.
In our building, I have had to remind various managers that since we prohibit natural trees in suites, they should not set a bad example of hanging swags of natural boughs over the constantly running gas fireplace in the lobby.
In summary, if you allow the display of the symbols of one religion, IMHO, you are obliged to exhibit the same acceptance of the diversity of all religions as long as no one is harmed and the peaceful enjoyment of residents in their units is not breached.
Name: thunk, December 08, 2009 at 11:44 PM
There is no entitlement to religious displays, so I cannot see this as a case of discrimination under the Human Rights Code (the Charter is not relevant to condominiums).
The board may offend people by favouring one seasonal holiday display over another, but that is a political matter - perhaps politically incorrect - but not, I think, a legal one.