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The Village of the Branch in Long Island has found itself wrapped in controversy this Christmas season—only it isn’t holiday lights causing the heat, but a zoning citation aimed at a local church’s beloved fundraiser, as New York Post reports.

St. Patrick’s Catholic Church in Smithtown is accusing Mayor Mark Delaney of targeting their traditional Christmas tree sale with what they call selective enforcement and religious discrimination.

The flare-up started when the village issued a citation to the church, claiming it violated zoning rules by selling trees and decorations from its front parking lot, which happens to be in a designated historical district where sales are reportedly restricted.

Decades-Old Fundraiser Faces Sudden Legal Roadblock

The violation carries a potential fine of at least $350, although Mayor Delaney insists he's not pursuing monetary penalties. Instead, he maintains the citation is intended to “encourage conversation,” not punishment.

Odd timing, considering the church has been running the same fundraiser for over two decades without hiccup—though typically held near the church entrance in a residentially zoned area. This year, for reasons not made public, it shifted to the parking lot, prompting the citation.

That shift has suddenly landed the church on the wrong side of code enforcement, raising eyebrows among legal advocates who say the enforcement seems anything but neutral.

Church Legal Team Pushes Back Hard

Ryan Gardner, an attorney with First Liberty Institute, blasted the village’s move in a formal letter to the mayor, writing, “The Village must immediately abandon its discriminatory treatment of the Church and its religious fundraising activities.”

Gardner argues that the regulation is vague and legally questionable, noting it lacks a clear definition of what counts as a fundraiser. That’s not a minor oversight under federal land-use laws designed to protect religious institutions.

“Why else would he be sending his code enforcement officers over there to cite the church for something that they’ve been doing for 25 years?” Gardner asked, suggesting the mayor may have a “personal vendetta” against the congregation.

Mayor Denies Targeting the Church

For his part, Delaney appears irritated by the attention but is holding his ground. “We never stopped the church from selling their Christmas trees,” he told The Post, brushing aside the church’s concerns as overblown.

He maintains that he doesn’t seek any financial penalty and emphasizes that the village's main goal is compliance. Delaney further claimed that the move to the parking lot raised zoning concerns and admitted, “We’re not clear why they chose to move the selling location.”

But while he’s happy to talk about zoning, Delaney is not engaging with those questioning the constitutional implications. “I am not familiar with the First Liberty organization and will not be responding to their letter,” he said.

Legal Storm Could Be on the Horizon

That unwillingness to engage may have consequences. Gardner highlighted that this isn't the first dust-up between the village and the church, mentioning a prior incident where the church had to move its annual carnival due to similar zoning hurdles.

He also pointed to a settled religious discrimination case in nearby Nassau County, where the Village of Atlantic Beach shelled out $950,000 to resolve claims brought by Chabad Lubavitch of the Beaches. That precedent likely won’t go unnoticed.

Now, the church faces a hearing on January 26, an early test of how far Village of the Branch is willing to push this issue—and how far the church is prepared to fight back.

When Zoning Feels Political, Trust Erodes

While Delaney claims his hands are tied when it comes to judicial outcomes—“I cannot influence court action,” he said—the speed and focus of this enforcement action suggest a troubling lack of neutrality.

In a nation founded on religious freedom, it's all too easy for bureaucratic rules to become a smokescreen for intolerance. If zoning codes are enforced aggressively only when churches fundraise, people start asking the right questions.

This Christmas, the real Grinch may not be hiding under a Santa suit—it might be tucked behind a clipboard and a copy of the local zoning code. Let’s hope cooler heads and a little common sense prevail come January.