The city of Ocala has lost a lawsuit to atheists after a prayer vigil held in light of a shooting spree that injured several children in 2014 was deemed an “unconstitutional government endorsement of religion.”
Last week, United States District Judge Timothy J. Corrigan issued a 50-page decision in the Middle District of Florida in favor of the plaintiffs, Art Rojas and Lucinda Hale, against the city of Ocala.
Judge Corrigan opens his remarks by suggesting that neither party was interested in ending the litigation when approached, despite years of changes since the case was originally filed.
“The [Ocala] Chief of Police, Greg Graham, passed away; the Mayor of Ocala at the time left office; and the Prayer Vigil (which occurred in 2014) has not been repeated,” reads the decision. The judge says that the court inquired whether it would make sense to “call it a day” on the “timeworn legislation” given the circumstances, but that it was rebuffed by the litigants.
“The parties, both represented by lawyers who specialize in First Amendment religion cases, insist on going forward,” reads Corrigan’s decision.
According to the decision, in September 2014, the Ocala Police Department was looking into ways to try to apprehend those responsible for a shooting spree that left several children injured. As part of an effort to reach out to the community to convince witnesses to come forward, the OPD Chief at the time, Greg Graham, met with members of the Ocala faith-based community.
During the ensuing meeting on September 17, 2024, the leaders discussed the idea of holding a prayer vigil. At the time, the late chief suggested the vigil was a “great idea.” The chaplains at the meeting created a letter that was then endorsed by the chief and posted on the Ocala Police Department’s Facebook page.
“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,” reads the letter signed by Chief Graham and Narvella Hayes, a community activist who lived in the area where the crimes occurred.
The letter went on to cite “numerous shootings” in the previous month that had “resulted in two children and an infant being hit by bullets.”
“I am urging you all to please support a very important ‘Community Prayer Vigil’ that will be held this coming Wednesday, September 24, 2014 at 6:30 p.m. to be held at our Downtown Square located in the heart of the City,” reads the letter from the leaders.
After the vigil was announced, several citizens, including those who eventually sued the city, contacted the chief and Kent Guinn, who was the Mayor of Ocala at the time. The citizens expressed concerns over the police department hosting a prayer vigil, citing a violation of the United States Constitution.
Although Chief Graham originally expressed ownership over the vigil, indicating in public comments that he would not “call off” the gathering, he eventually distanced himself from the vigil and indicated that it was a community event over which he had no control.
“I think you are misunderstanding my role in this event. I am not leading the event, I am not speaking at the event, I will be in attendance at the event,” said Graham in an email to a citizen sent the day before the vigil.
Additionally, the decision notes that Mayor Guinn embraced the vigil as a “government-sponsored event,” responding to one citizen’s allegation that the city was endorsing a religion by saying he thought the event was “great.” Guinn represented that he was a consistent and enthusiastic supporter of both the vigil and the chief.
“I’m proud to stand by my Chief and support him. Times like this do test leadership and that’s why we’re leading the community in this Prayer Vigil. Yes, we have heard from folks like you who don’t understand the constitution. We are doing absolutely nothing wrong,” reads an email sent from Mayor Guinn to a citizen.
In a separate email responding to another citizen, Guinn said there was “nothing in the constitution to prohibit us from having this vigil. Not only are we not cancelling it, we are trying to promote it and have as many people as possible to join us.” Guinn went on in his email to say that every council meeting is opened with a prayer and that “we end the prayer in Jesus name.”
Some of the emails Mayor Guinn received were sent by plaintiff Lucinda Hale. According to court records, Hale applauded the chief’s efforts to curb crime, but suggested that a vigil invitation violated “the Establishment Clause.” At the time, Hale suggested the city instead host a rally to encourage people to come forward with ideas about how to stop crime.
On September 24, 2014, the vigil was held at the Historic Downtown Square. Both Chief Graham and Mayor Guinn were in attendance. Although neither spoke, several individuals identified as Ocala Police Department Chaplains did take the stage and speak at the event.
According to the late Graham, who died in a Marion County plane crash in 2020, Ocala Police Department Chaplains are official members of the department and are considered members of the staff in a support capacity.
The order suggests that Graham agreed it “would be inappropriate for Ocala Police Department Chaplains to try to ‘convert’ people in the course of their work for the Ocala Police Department.”
The decision goes on to suggest that Graham said he “would not permit the Chaplains to participate in public events while wearing” their OPD uniforms if the event involved “leading prayers.” He told authorities at the time that it was not because it was “necessarily inappropriate,” but rather, to “keep from getting sued.”
Hale and Rojas also attended the vigil on September 24, 2014 to see whether or not there was a “violation of the Establishment Clause,” according to the judge’s order. Rojas described the event as a “Christian revival” that was “not a comfortable place for non-believers.” He said he attended the vigil to see if there was going to be a “violation of the Establishment Clause.”
In the years that followed, Chief Graham testified that he would have removed the Facebook posting announcing the vigil if the “Mayor had directed” him to do so.
In 2018, a decision was found in favor of the plaintiffs using the Lemon test, but was vacated by the Eleventh Circuit after the Supreme Court’s decision in Kennedy v. Bremerton School District, which discarded the Lemon test in favor of historical practices.
At question is the Establishment Clause of the First Amendment of the United States Constitution, which provides that Congress shall “make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The First Amendment requires the “state to be neutral in its relations with groups of religious believers and non-believers.”
The judge opines that the clause is not a “precise, detailed provision in a legal code,” but rather, something that has to be decided on a “case-by-case” basis.
The city argued over the years that 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.”
The judge also says that the city’s claim about “lack of control and lack of employee involvement” fell short, citing the chaplains.
“The city is correct in claiming that at the prayer vigil itself, no uniformed, sworn officer participated. But this overlooks the attendance and participation of the Ocala Police Department Chaplains, in uniform and on stage, based on direction from Chief Graham, reads the decision.
At the vigil itself, at least five of the ten people on the stage were affiliated with the Ocala Police Department.
The city also argues that it had a “limited role in expressing support for the event and a limited role in the event itself,” reads the decision.
Ultimately, the judge dismissed this argument for lack of evidence.
“There is no evidence to support the city’s argument that the Ocala Police Department employees and staff did not plan the vigil,” reads the judge’s order. The undisputed evidence chronicles the Mayor’s and Chief’s direct support of and involvement with the vigil.
“Based on the undisputed facts, the city’s involvement in conceiving, organizing, and implementing the prayer vigil is government sponsorship of a religious event. The content of the Facebook letter on Ocala Police Department letterhead and the flyer confirm this.”
The judge concludes by suggesting that even if the “decade-old event was conceived with good intent by persons of good will and that no real harm was done,” the clause nonetheless serves as a “bulwark against government sponsorship or endorsement of religion.”
If the prayer vigil was held by “individual or religious groups,” it would have been protected under the constitution, according to the judge.
Instead, “because the city conceived, organized, promoted, and conducted the prayer vigil, it violated the Establishment Clause of the First Amendment,” reads the judge’s decision.
The court will now consider an award of attorneys’ fees “no later than July 26, 2024,” according to the order.