OCALA, Fla. — Backed by encouragement from their attorneys and citizens, Ocala leaders vowed to appeal judge’s ruling that a police-led prayer vigil violated the separation of church and state to the Supreme Court, with eyes on making history.
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The case centered around a decision by the city’s police department to organize the September 2014 vigil after a string of shootings that left three children injured.
Court documents show frustrations mounted in the police department as witnesses refused to come forward and officers believed religious leaders could help them.
Hundreds of people attended the vigil, but controversy mounted because of the police department’s role, even though officers eventually let citizens take over operating the event.
A group of athiests, supported by the American Humanist Organization, eventually sued. Judges have repeatedly sided with them.
“It is tempting to simply say this decade-old event was conceived with good intent by persons of good will and that no real harm was done,” judge Timothy Corrigan wrote in the city’s most recent legal loss. “The Establishment Clause of the First Amendment serves as a bulwark against government sponsorship or endorsement of religion.”
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Corrigan said there was nothing wrong with citizens organizing a prayer vigil on public property or police officers attending – they just couldn’t helm the event.
Tuesday night, the city’s attorney relayed her belief that the city had strong grounds to appeal, despite estimates of the city’s accrued legal bill reaching $500,000.
She said a more conservative, religion-friendly Supreme Court might side with the city, especially after justices overturned precedent for determining whether a government violated the Establishment Clause when they ruled a high school football coach was allowed to hold a prayer after games.
The Supreme Court turned down the lawsuit once already, sending it back to Corrigan for reconsideration after making that ruling.
“With all due respect to the district court, we believe in erred in its analysis of the facts and law,” she said. “In this case, the city’s involvement was arguably less involved than prior examples in history.”
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Council members initially hesitated to move forward with an appeal as they mulled the potential additional cost to taxpayers. The attorney estimated the current bill amounted to $10 per person.
After strong words by the city’s ex-mayor, citizens and the current police chief, they unanimously voted to move forward with their appeal.
“My God, Some things are worth fighting for,” Chief Mike Balken said.
WFTV called the American Humanist Association for comment but did not get a response. In previous statements, they said a ruling for the city could strip citizens of their right to sue when a government does violate the Establishment Clause.
“The American Humanist Association will continue our historic commitment to democracy and the fight for secular governance,” they wrote in March 2023. “This is a critical moment for our movement and we are prepared to fiercely defend the ground we have gained.”
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