The town is officially out of the religion business.
Not only won't there be a Nativity scene on Royal Poinciana Way next December, there won't be a town-sponsored Christmas tree or menorah either.
The town council voted unanimously Monday to give the menorah and another that stood on private property on Worth Avenue back to their donor.
The Royal Poinciana merchants have decided to move the tree.
The owner of the Esplanade at the east end of Worth Avenue won't allow a town-erected menorah there any more.
The council was following the advice of the Palm Beach Fellowship of Christians and Jews, which recommended the town stay out of religious activity.
The council designated Bradley Park near the Flagler Bridge as a site for any group to erect a religious or holiday display at their own expense.
"It was not the intention of the town council to divide this community," said Councilman Allen Wyett.
The council approved the menorahs in 2002 but last year refused to consider the request of two town residents that the town erect a donated Nativity scene beside the menorah. The residents, Maureen Donnell and Fern deNarvaez, sued in federal court, claiming discrimination.
Ordered to consider the request, the council refused to approve the creche, relying on 1989 and 1984 U.S. Supreme Court rulings that said a menorah displayed with a secular Christmas tree became a secular symbol but that a menorah and a creche together fostered the establishment of religion.
Monday's action pleased the American Civil Liberties Union. The Anti-Defamation League approved as well. One of the women who sued was encouraged. "I hope, I hope it's a solution. It's the best they can do under the circumstances," deNarvaez said.
But Town Attorney John Randolph warned, "Any decision you make is not bullet proof. . .Whatever you do can be challenged."
The decision may not head off the lawsuit. "The town council was outrageous in discriminating against us Christians," Donnell said. "The lawsuit goes on. They erred and they're at fault. Just because they decided in January, no, they're not going to be home free."
The dispute has resurrected the town's old reputation of religious discrimination.
Donnell said she's been publicly accused of being anti-Semitic. Mayor Lesly Smith said the council has been called bigots and she is upset by "the nasty 'us versus them'" tone the disagreement has taken.
"We asked for inclusion, not exclusion," said deNarvaez. "We didn't want divisiveness."