Nearly a decade after the event was held amid a crime spree, a federal judge Wednesday ruled that the city of Ocala violated the U.S. Constitution in organizing and carrying out a prayer vigil.
U.S. District Judge Timothy Corrigan issued a 50-page decision that sided with atheists, who argued the prayer vigil in a town square violated the Establishment Clause of the Constitution. Corrigan wrote that the idea for the vigil came from a meeting at the Ocala Police Department and was “advertised, and completed through the actions of the mayor, the chief of police and the Ocala Police Department, including its employees and staff.”
“If individuals or religious groups had organized a prayer vigil and gathered in the downtown square in the city of Ocala to pray for an end to violent crime (even with law enforcement attending), the First Amendment to the United States Constitution would have protected the ‘free exercise’ of their religion,” Corrigan wrote. “But because the city conceived, organized, promoted, and conducted the prayer vigil, it violated the Establishment Clause of the First Amendment.”
Corrigan in 2018 also ruled that the vigil was unconstitutional, but the 11th U.S. Circuit Court of Appeals in 2022 directed him to reconsider the case. That directive came after a U.S. Supreme Court opinion supported a Bremerton, Wash., high-school football coach who lost his job after praying on the field following games.
But in Wednesday’s ruling, Corrigan said the facts of the case involving the football coach are “far different from those here.”
Corrigan–nominated to the bench by President George W. Bush in 2002–wrote that Ocala argued the prayer vigil was “permissible because it fits in with other historical examples dating back to George Washington of government and prayer being intertwined, including legislative prayer and proclamations of National Day of Prayer.” But he rejected such arguments.
“Unlike legislative prayer, the prayer vigil was directed at the public and asked for public participation. … Moreover, the prayer vigil was the event and dissimilar to legislative prayers because it did not involve prayers that were tangential to or meant to solemnize other public business,” the Jacksonville-based judge wrote.
The vigil was held Sept. 24, 2014, amid a spate of shootings in the Ocala area. Plaintiffs Art Rojas, Lucinda Hale, Daniel Hale and Frances Jean Porgal, represented by the American Humanist Association, filed the lawsuit in November 2014 after attending the vigil, according to court documents. It named as defendants the city, then-Ocala Mayor Kent Guinn and then-Police Chief Greg Graham, who died in 2020.
Guinn, in a September 2014 email to Lucinda Hale, one of the complainants, had written: “There is nothing in the constitution to prohibit us from having this vigil. Not only are we not canceling it we are trying to promote it and have as many people as possible to join us. We open every council meeting with a prayer. And we end the prayer in Jesus name we pray. Our city seal says ‘God be with us’ and we pray that he is and us with him.”
In addition to the idea for the vigil originating from a meeting in Graham’s office, Corrigan wrote that the police department promoted the event in a letter posted on Facebook and with a flyer that included an image or praying hands. He also wrote that uniformed Ocala Police Department chaplains were among the people on the stage during the vigil.
Graham’s letter was addressed to “pastors, community leaders, parents and our precious youth” on police department stationary and said in part: “We are facing a crisis in the City of Ocala and Marion County that requires fervent prayer and your presence to show unity and help in this senseless crime spree that is affecting our communities.”
The U.S. Supreme Court last year declined to hear the case.
A footnote in the ruling said Daniel Hale and Porgas died in the course of the case. Corrigan awarded “nominal” damages of $1 to each plaintiff but also said the plaintiffs could file a motion to recover attorney fees from the city.
–Jim Saunders, News Service of Florida, and FlaglerLive
Pogo says
@Good news deserves company
Public funds for religious charter school would be unconstitutional, Oklahoma high court says
https://apnews.com/article/public-religious-catholic-charter-school-unconstitutional-oklahoma-e4ef414605094313331a39cc645ede8a
“We are all in the gutter, but some of us are looking at the stars.”
― Oscar Wilde
Smeyer says
Idiots have taken over common sense
The Geode says
…yet they allow churches to use “public schools” for service”. The “Separation of Church and State” should be applied across the board
Joe D says
Reply to GEODE:
I THINK the law states that during off school hours (evenings and weekends) Religious or Civic or Non-Profit groups are allowed to schedule events on school grounds. I THINK there may be a small scheduling fee.
The DIFFERENCE is that the School doesn’t PLAN the event, nor SPONSOR the event, and other than the actual entering of the event onto the schedule, there is no PUBLIC money involved in the RELIGIOUS event, beyond the scheduling fee.
Joe D says
That “STICKY” issue of SEPARATION of Church and State again!
The City can’t set up a ceremony based on one Faith, and use City Resources and personnel to plan, and staff it.
Solution?
Have a local non-profit group take over the planning, and City personnel can attend VOLUNTARILY (on their own time I guess)…
Can GROUPS use Government sites ( town squares /parks, etc) by just getting a GATHERING PERMIT from the City (regardless of the RELIGIOUS Nature of the event)? I’m not completely familiar with all the particular local restrictions on gathering on PUBLIC property for a RELIGIOUS event.
I do know that my local Parrish in Flagler Beach used to have Easter Sunday Sunrise Services at the Beach. I’m ASSUMING they got some kind of a gathering permit.
The issue seems to be use of City Funds/City personnel on work time, planning and conducting a memorial ceremony based on ONE religious belief (or not).
As for the Brunell Council meetings starting with a Christian Prayer (OPPS). Flagler Beach starts their Commission meeting with the Pledge of Allegiance, and a formal “Moment of Silence” for remembrance of lost heros and for essentially the wisdom to resolve issues fairly. Sounds like a reasonable compromise for the “Separation” issue?
Wow says
But wait – a prayer broadcast on a loudspeaker before a football game IS constitutional??? Weird.
JW says
A prayer vigil to end violet crime? Seems pretty naive. Makes you feel good, maybe, but did it work?
Atwp says
Prayer is always a good thing.
Joe D says
For atwp:
ABSOLUTELY…PRAYER is good….but WHOSE prayer, when you are using Public funds, and Public Staff time to plan any carry out?
The US is a combination of MULTIPLE religions, Christian, Jewish, Muslim, Buddhism , Hindi, etc. And yes ATHEISTS!
The MEMORIAL is a wonderful HEALING event. They need to fine tune the way it’s planned out, and clarify the use of PUBLIC FUNDS, when the MEMORIAL takes on ONE particular Religion’s focus.
Deborah Coffey says
As a Christian, I can only say one thing here: Stop the Christian Nationalists and hurry up. They are the ones taking freedoms away from Americans and the very same one trying to take over the entire government of The United States of America. Stop them.
Laurel says
Let me see…the very people who have the job of fighting crime want to turn their jobs over to God, but of course, they still want to get paid and stay in office. Have I got that right?
You can’t fix stupid.