Village of the Branch opts not to fine St. Patrick's Church for Christmas fundraiser

 Village of the Branch has declined to issue fines or penalties against a local church it ticketed in December for selling Christmas trees on its own front lawn against village code. 

On Monday in village court, the village conditionally dismissed the charges against St. Patrick’s Roman Catholic Church stemming from a summons issued to the church for holding a fundraiser on its East Main Street property in Smithtown.

Village officials claimed the sale violated village law that prohibited holding such events in the historic district, where the front of the church is located.

Officials previously stated that past fundraisers took place in the back of the church, outside the historic district in an area considered residential.

Christopher Ring, the village’s attorney, said in an interview Monday after the brief court hearing that the village issued a conditional dismissal to the church.

That means the ticket will be dismissed with no monetary fines issued as long as the church doesn't violate village code again within the next six months, according to Ring. “The condition is that St. Patrick’s will comply with the code going forward,” he said.

Erik Snipas, an attorney for the church from the Greenberg Traurig law firm, of Garden City, said in a statement that the village issued no fine to the church Monday.

Ryan Gardner, an attorney with the nonprofit Plano, Texas-based First Liberty Institute, which served as co-counsel with Greenberg Traurig on the case, issued a statement Tuesday saying the firm is "pleased that the village has agreed to dismiss the citation."

"While we remain concerned about some of the village’s recent treatment of the church compared to other secular organizations in the community, we hope that this dismissal will be a significant step in reestablishing a cooperative relationship," Gardner said.

Church officials could not immediately be reached for comment.

During December's fundraiser, the church sold Christmas trees, plants, grave blankets and holiday items. First Liberty Institute previously stated the church’s tradition of selling trees dates back 25 years. 

Village Mayor Mark Delaney said Tuesday that over the last 20 years, the church has sold wreaths and other items, but not trees, closer to the church entrance, without issues from the village.

Gardner in a statement Tuesday reiterated the firm's stance that the church has sold trees during that span "on its property without any objection from the village regarding the location of the event or otherwise."

"The village’s sudden focus about the location of the event ignores this longstanding history and its own shifting rationale for its objection to the event," he said.