By Dan Horn
The Cincinnati Enquirer

The U.S. Supreme Court refused on Monday to reconsider its decision to allow private citizens to erect holiday displays on Fountain Square.

The ruling means the city will be unable to enforce its ban on holiday displays until the U.S. Sixth Circuit Court of Appeals in Cincinnati decides whether the ban is constitutional.

The legal battle began last month when a Jewish group in Cincinnati, Chabad of Southern Ohio, successfully sued the city in an effort to install an 18-foot menorah on the square for Hanukkah.

U.S. District Court Judge Susan Dlott ruled in Chabad's favor, but the city sought to continue enforcement of its ban pending an appeal. The Supreme Court denied the city's request two weeks ago, and again on Monday.

"This confirms what we've been saying all along," said Jarrod Mohler, one of Chabad's lawyers. "Chabad has a right to be on Fountain Square."

Although the menorah was taken down when Hanukkah ended earlier this month, the Supreme Court's ruling leaves open the possibility that other groups may be able to erect different displays before the holiday season is over.

That's because Judge Dlott's decision last month required the city to return to its practice of granting permits for displays on a first-come, first-served basis.

City lawyers have said more than a dozen citizens or groups applied for permits this year but were denied because of the new policy barring displays during the holidays.

Most of the permits seek to install Christmas displays on the square, including several that ask to erect a Christian cross. The Ku Klux Klan, which has applied to erect a cross in past years, was not among the applicants this year.

City Solicitor J. Rita McNeil said Monday the city would reconsider the applications if the people who filed them renew their request to install a display.

"We were not revisiting those unless someone asked for reconsideration," Ms. McNeil said. "To my knowledge, no one has."

The case will now return to the Sixth Circuit, which often takes a year or more to resolve cases.

City lawyers are expected to argue that the ban on displays is needed to control clutter on the square during the holidays.

Chabad's lawyers contend the policy is unconstitutional because it allows "government speech" while barring the speech of citizens.

E-mail dhorn@enquirer.com