HOUSTON — When Jefferson Early Learning Center first opened on the corner of a busy intersection in the city’s west side in 2022, school officials started receiving calls from irritated residents.
Residents wanted to know, “‘Why aren’t you cutting the lawn?’ ‘Why aren’t you keeping the grounds?’” recalled Hilda Rodriguez, the assistant superintendent of support services for the Alief Independent School District, home to Jefferson and nearly 50 other schools west of Houston.
Although Jefferson’s neighbors didn’t know it, the tall grass surrounding the early learning center was part of a larger strategy to mitigate climate-related issues in a county where a major flood occurs nearly every two years and the number of days at or above 95 degrees has increased significantly over the past 25 years.
In addition to choosing durable, impact-resistant materials to help the school building withstand natural disasters, Jefferson’s designers focused on the surrounding land. They chose to restore much of the ground’s nearly 20 acres to native prairie lands and wetlands, creating a habitat for more than 200 plant and animal species.
A sign at the front of Jefferson Early Learning Center teaches children about the surrounding land, which was designed to withstand floods and heat. Credit: Jackie Mader/The Hechinger Report
That sort of habitat is especially beneficial in an area vulnerable to climate change events such as the torrential rains that regularly hit the city, said Melissa Turnbaugh, senior principal at PBK Architects, which designed Jefferson. “By putting in native prairies and grasses, we can now actually absorb three to four times as much water as if we had manicured grass,” she said.
Experts who study early learning and climate science say there is growing demand for solutions like these to address challenges related to climate change, such as floods, fires and hotter temperatures. Angie Garling, a senior vice president at the Low Income Investment Fund, which runs initiatives to help build and improve early learning facilities, said that when her organization solicited applications from child care programs needing facilities improvements, the vast majority had to do with climate.
“They were asking for things like HVAC systems, misting systems, air filtration systems, shade structures, turf … because they couldn’t maintain their lawn anymore because the cost of water was too high,” said Garling. Due to the extreme level of climate-related need, LIIF recently partnered with other organizations to launch a program to help fund renovations for child care providers in Harris County, where Houston is located.
Alief officials have already noticed benefits from the unconventional use of the school land. During the school year, students can walk on trails that weave through the prairie, learning about insects, plants and flowers. The native plants can withstand Houston’s infamous summers, when the average temperature sits above 90 degrees. That saves work, time and money for Alief’s maintenance team, which rarely needs to mow or water the land at Jefferson.
Over the next few years, Turnbaugh, the architect, hopes the presence of the prairies and grassland — rather than concrete or other surfaces that are known to reflect heat — will pay long-term dividends in “an overall heat-challenged area.”
“I think we’re going to see that we’re actually cooling the neighborhood,” she said. “I think there’s not only good carbon capture, but we’re actually being good neighbors.”
Over time, Jefferson’s neighbors have seemed to realize that, said Alief’s Rodriguez. The calls, for the most part, have stopped. “Once they understood, it became very clear to them that this was purposeful.”
This story about climate change solutions was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.
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It’s the holiday season, when the lights are blinking, the bells are ringing, and families are lining up to see festive displays of the demon-god Baphomet in the town square.
But this year, citizens in Concord, New Hampshire, might not get to enjoy all the holiday cheer after vandals decapitated the Baphomet display set up by the Satanic Temple. In fact, the display has proven so controversial that city officials promised to review the display policy next year.
Concord’s government would do well to remember that any rules about expressive displays in public spaces must be viewpoint-neutral, meaning the Satanic Temple has the same right to put up a holiday display as any other group.
Protecting the Satanic Temple’s right to speak also protects the expressive rights of Christians — and Buddhists, Muslims, Jews, and everyone else.
‘Happy Hellidays!’ from the Satanic Temple
So what happened?
Concord’s City Plaza is open for unattended displays by private groups during the holiday season. In early December, the Satanic Temple — which describes itself as a religious organization with a mission to “encourage benevolence and empathy among all people, reject tyrannical authority, advocate practical common sense, oppose injustice, and undertake noble pursuits” — put up a statue of the goat-headed deity Baphomet in Concord’s City Plaza, under a permit granted by the city.
Baphomet’s temporary neighbors included a nativity scene placed by a rural civic group and a Bill of Rights display put up by the Freedom From Religion Foundation. But just days after the Satanic Temple’s statue went up, it was vandalized — its goat head knocked off, its robed torso severed from its legs, and its tablet bearing the tenets of the Satanic Temple smashed to pieces. Police are investigating the vandalism, but the destroyed statue was taken down.
Then, earlier this week, a new statue went up, this time accompanied by a copy of the permit allowing its placement. In less than 48 hours, that statue, too, was destroyed. The police identified a suspect and said charges are forthcoming. That’s the proper response to vandalism of lawful displays: arrest and prosecute the vandals — don’t impose a “heckler’s veto” by censoring expression that provokes public hostility.
Social media post by WMUR reporter Ross Ketschke before the Satanic Temple’s statue of Baphomet was vandalized a second time in Concord, New Hampshire. (@RossWMUR / X.com)
City officials decry Satanic holiday display, promise review next year
But Baphomet’s future — and the First Amendment rights of citizens and groups to put up such displays — is threatened by more than just vandals in Concord.
Baphomet found his way to the city, because Concord created a public forum, where the government’s authority to restrict expression is strictly limited. Concord can impose reasonable time, place, and manner restrictions on expressive activity there, including permit requirements for temporary installations, but viewpoint-based restrictions are unconstitutional.
You can’t allow one group to put up a nativity display but ban the Satanic Temple from putting up Baphomet. The same constitutional principles that protect the Baphomet statue also protect the civic group’s right to put up its nativity scene in the very same plaza.
Although we don’t yet know if the Satanic Temple and its supporters will put up a third Baphomet statue this year, FIRE commends Concord officials for approving the display in the first place, in line with their constitutional obligations.
For example, in 2017, Boston officials told Harold Shurtleff that he couldn’t raise a Christian flag during his event on City Hall Plaza, although the city regularly allowed other outside groups to fly flags of their choosing during events. Shurtleff sued the city, and in 2022, the Supreme Court weighed in and agreed the city violated Shurtleff’s First Amendment rights.
The city’s initial decision to grant the Satanic Temple a permit for the Baphomet display recognized its First Amendment obligations. In a Facebook post, the city explained, “Under the First Amendment and to avoid litigation, the City needed to choose whether to ban all holiday displays installed by other groups, or otherwise, to allow it. After reviewing its legal options, the City ultimately decided to continue the policy of allowing unattended displays at City Plaza during this holiday season and to allow the statue.”
However, some city officials were unhappy with the decision. Notably, Concord Mayor Byron Champlin opposed the permit, explicitly saying he would have preferred to risk a lawsuit rather than grant the permit “because I believe the request was made not in the interest of promoting religious equity but in order to drive an anti-religious agenda.”
Even as city officials explained why they had to approve the Satanic Temple’s request, they also said they planned to review the permit policy for unattended displays next year.
That left FIRE concerned that Concord may engage in viewpoint discrimination and deny applications in the future. So, we’re calling on city officials to reaffirm their commitment to their constitutional obligations.
Concord may not restrict displays simply because, in its view, they reflect an antagonistic or divisive ideology or perspective. Even if — in fact, especially if — the Satanic Temple put up the display, as Mayor Champlin believes, “in order to drive an anti-religious agenda” or as a “calculated political effort,” rather than to promote “religious equity,” the government may not disfavor “anti-religious” speech. The fact that Concord, or some of those through whom it acts, may believe a display is “a deliberately provocative and disturbing effigy” does not make it any less constitutionally protected, as “[g]iving offense is a viewpoint.”
The letter also highlights a recent Texas case involving holiday displays put up by private groups. In that case, Texas’ governor had the Texas State Preservation Board take down a previously-approved “Bill of Rights nativity” display in which cutouts of several Founding Fathers stood over a Bill of Rights in a manger. This decision violated the Constitution, and years of litigation ensued. The U.S. Court of Appeals for the Fifth Circuit ultimately stated that it was “not seriously disputed . . . that the Board’s removal of the exhibit violated the First Amendment.” And the suit ultimately cost Texas and Texans almost $360,000.
Concord officials should take note of that Texas case when deciding whether to “accept the risk” of a lawsuit by engaging in unconstitutional viewpoint discrimination. Although we don’t yet know if the Satanic Temple and its supporters will put up a third Baphomet statue this year, FIRE commends Concord officials for approving the display in the first place, in line with their constitutional obligations.
Given the controversy surrounding the display, FIRE calls on Concord to affirm that it will continue to fulfill those obligations. After all, handing over the authority to restrict minority viewpoints sets a dangerous precedent.
