Beverly Hills must install a Christmas tree next to a 28-foot Hanukkah menorah or move the menorah next to an existing tree, a federal judge ruled Thursday in a lawsuit between two Jewish groups. U.S. District Judge Terry J. Hatter said a U.S. Supreme Court decision concerning religious symbols on public property clearly allows such displays but only if both the menorah and the Christmas tree are represented and are close together. ``What I am going to order is that the menorah be moved so that it is next to the tree that has been designated to symbolize a secular Christmas tree and that no religious ceremonies be held (there),'' Hatter said. Marshall Grossman, an attorney for Chabad, a movement of Hasidic Jews, said the group paid $25,000 to install the menorah - an array of nine candles - on a permanent foundation and could not easily move it. Hatter said a large Christmas tree could be brought to the site and could be lighted next to the menorah. ``Your honor, I can probably do that myself,'' said Grossman. ``It may be the first time I've purchased a Christmas tree but I think I can get rabbinical approval.'' The American Jewish Congress and four Jewish residents of Beverly Hills, backed by the American Civil Liberties Union, filed a civil rights lawsuit seeking the menorah's removal. They claimed that having the menorah on public property was a violation of First Amendment guarantees of separation of church and state. They also drew support Thursday from the Union of American Hebrew Congregations. Grossman protested when the judge ruled that no religious ceremonies could be held in front of the menorah, which stands across the street from City Hall. Hatter denied a request from Beverly Hills attorney Mitchell Abbott to stay his temporary restraining order from taking effect until further arguments could be made. ACLU lawyers Carol Sobel and Douglas Mirell pressed for quick action, saying any delay would allow the menorah to stand alone through the eight-night celebratin of Hanukkah, which began Tuesday night. Although the city has two official Christmas trees and lighted street decorations, the attorneys said they are not close enough to the menorah to provide equal representation. Hatter suggested that the presence of two symbols might help to spread holiday cheer. ``Our society is in need of any sustenance of a positive nature,'' the judge said. ``The court is abiding by the letter of what the Supreme Court said,'' ACLU attorney Mirell said outside court. He called the ruling ``a clear victory'' for the plaintiffs. Grossman disagreed. ``The net result of this misguided effort ... is that this year instead of there being two Christmas trees and one menorah in Beverly Hills, there will now be an additional Christmas tree,'' he said.
