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Click here to listen to Newsradio 620 WTMJ's Vicky Hollowell report on the impending lawsuit the city of Green Bay faces from the Freedom From Religion Foundation about the city's Nativity scene.

GREEN BAY, Wis. (AP) -- An organization of atheists and agnostics won't drop its federal lawsuit against the city of Green Bay even though the nativity scene that sparked the suit was taken down from City Hall Wednesday morning.

The Madison-based Freedom From Religion Foundation will continue with its suit, which co-president Annie Laurie Gaylor expected would be officially filed Wednesday or Thursday.

Even if the city argues that the issue is moot since the display is gone, "we want a court ruling that they can't do it again," Gaylor said.

Their lawsuit claims the display depicting the birth of Jesus is an unconstitutional governmental endorsement of religion. Among other things, it asks a federal judge to declare the city's actions a violation of the Establishment Clause of the First Amendment.

Workers removed the nativity scene and a Santa Claus display from the overhangs to the two main entrances of City Hall.

The lawsuit, dated Dec. 24, claims City Council President Chad Fradette and Mayor Jim Schmitt allowed the display to provoke and marginalize those who would object.

After the city allowed Fradette to install the scene, Schmitt said he had to grant requests for other religious displays. Among those installed was a wreath containing a pentacle, a five-pointed star that is an important symbol for the Wicca religion. The wreath was later removed by vandals.

A suburban resident sarcastically asked the city to install a pole symbolizing Festivus, a holiday popularized in an episode of TV's "Seinfeld." Another resident asked for a symbol honoring the "Church of the Flying Spaghetti Monster."

Schmitt imposed a moratorium on religious symbols. Following a divisive debate over whether the city should sponsor the nativity scene, the city council voted 4-1 to keep the display but put all other requests on hold until it could draw up guidelines.

Twelve local residents opposed to the display are joining the suit. They include a Unitarian Universalist, an agnostic and a devout Buddhist who wants permission to put up his own religious symbol in May.

(Copyright 2007 by The Associated Press. All Rights Reserved.)