Am. Humanist Ass'n, Inc. v. City of Ocala

127 F.Supp.3d 1265

The AMERICAN HUMANIST ASSOCIATION, INC., Art Rojas, Frances Jean Porgal, Lucinda Hale, and Daniel Hale, Plaintiffs,

v.CITY OF OCALA, Florida, Kent Guinn, individually and in his official capacity as mayor of the City of Ocala, Ocala Police Department, and Greg Graham, individually and in his official capacity as chief of police of the Ocala Police Department, Defendants.

Case No. 5:14–cv–651–Oc–32PRL.

United States District Court, M.D. Florida, Ocala Division.

Signed Aug. 31, 2015.

David A. Niose, Law Offices of David Niose, Fitchburg, MA, Heather Morcroft, Morcroft Law Firm, Winter Park, FL, Monica Lynn Miller, American Humanist Association, Washington, DC, for Plaintiffs.

Abigail A. Southerland, Carly F. Gammill, David A. French, American Center for Law & Justice, Franklin, TN, Francis J. Manion, American Center for Law & Justice, New Hope, KY, George Franjola, Patrick G. Gilligan, Gilligan, Gooding & Franjola, PA, Ocala, FL, Olivia F. Summers, American Center for Law & Justice, Virginia Beach, VA, for Defendants.

ORDER

TIMOTHY J. CORRIGAN, District Judge.

Finding the right balance when legitimate First Amendment interests of American citizens conflict is often difficult. This is especially true when religion is involved. All of the participants in this case—the Mayor, the Police Chief, the citizens of Ocala, atheists and believers—have First Amendment rights that are due respect and protection. The question here is whether the City of Ocala, the Mayor and Police Chief organized and promoted a religious event in violation of the First Amendment. The Magistrate Judge has done a fine job of analyzing this legal question, concluding that the case deserves to go forward. I agree. However, this is just the beginning and we are a long way from determining which side of this important debate will ultimately prevail.

On July 3, 2015, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 14) recommending that Defendants' motion to dismiss (Doc. 8) be denied as to the individual Plaintiffs' claims for nominal damages against the City of Ocala and Mayor Guinn and Chief Graham in their individual capacities, but granted in all other respects. Only Defendants objected (Doc. 17); Plaintiffs responded to those objections (Doc. 19). Upon de novo review, it is hereby

ORDERED:

1. The Report and Recommendation of the Magistrate Judge (Doc. 14) is ADOPTED as the opinion of the Court. Defendants' objections are overruled as they would require the Court to engage in fact-finding which is beyond the purview of a motion to dismiss.

2. Defendants' Motion to Dismiss (Doc. 8) is GRANTED insofar as American Humanist Association's claims, any claim for prospective relief, and all claims against the Ocala Police Department and Mayor Kent Guinn and Chief Greg Graham in their official capacities are DISMISSED with prejudice.¹

The Motion is otherwise DENIED.²

3. No later than September 30, 2015 the remaining defendants should answer the complaint.

4. The parties have until September 30, 2015 to file an Amended Case Management Report.

5. The Court encourages the parties to try to settle the matter. Consistent with the parties' recent filing (Doc. 21), if the parties wish the Court to appoint a mediator or stay the case pending settlement discussions, the Court will do so upon request.

REPORT AND RECOMMENDATION ¹

PHILIP R. LAMMENS, United States Magistrate Judge.

"Let us pray." Undoubtedly, these words are spoken thousands of times a day within the City of Ocala—in homes, places of worship, and to open meetings of various organizations and entities, including, as the Mayor says, City Council meetings. Undoubtedly, these words were spoken on numerous occasions at the Community Prayer Vigil held in downtown Ocala on September 24, 2014.

This case, quite plainly, involves prayer. Indeed, its central focus is the prayer vigil. It is about whether assuming, as we must, the Plaintiffs' well-plead facts to be true, the City of Ocala, along with its Mayor and Police Chief, violated the Establishment Clause to the U.S. Constitution by organizing and promoting the prayer vigil, even if it was for a seemingly neutral purpose—i.e., to lower crime. This is not, to be clear, a case about whether the Mayor or Police Chief (or his officers) can pray in public for our community; it is far more specific than that. The question is whether the City, and these public officials who represent each and every member of this diverse community, could organize and promote the vigil (as the Plaintiffs allege) where the focus of the event was prayer, which, as the law has repeatedly recognized, is fundamentally religious. I submit that doing so, in the manner alleged here by the Plaintiffs, is sufficient for the individual Plaintiffs to state a claim under the First Amendment.

Specifically, Plaintiffs, The American Humanist Association, Inc. ("AHA"), which describes itself as dedicated to advancing and preserving the separation of church and state and the constitutional rights of humanists, atheists, and other freethinkers; Art Rojas, an atheist, member of AHA, and resident, homeowner, and taxpayer in the City; Frances Jean Porgal, an atheist, member of AHA, and resident of Marion County; and Lucinda Hale and her husband Daniel Hale, atheists, members of Ocala Atheists, and residents of Marion County, allege that the Defendants—the City of Ocala and its Mayor, Kent Guinn (in his individual and official capacities); and the Ocala Police Department and its Chief, Greg Graham (in his individual and official capacities)—violated the Establishment Clause of the First Amendment to the United States Constitution ² insofar as they held and promoted a Community Prayer Vigil in September 2014 on the Downtown Square in the heart of Ocala. Further, they contend that there is a risk of future events as the Defendants have "ongoing governmental policies, practices and customs of promoting, advancing, endorsing, sponsoring, and affiliating with theistic religion and the monotheistic religion in particular." (Complaint at ¶ 13).

As such, pursuant to 42 U.S.C. § 1983, Plaintiffs seek nominal damages for the alleged constitutional violation, and prospective declaratory and injunctive relief to prevent these Defendants from organizing and promoting future prayer events. The Defendants dispute Plaintiffs' contentions and move to dismiss the Complaint for lack of standing and failure to state a claim. That is, they contend that the Plaintiffs have failed to allege an injury, a threat of future harm as to the prospective relief, or even the commission of any constitutional wrong.

Upon due consideration I recommend that the motion be denied as to the individual Plaintiffs' claims for nominal damages against the City, as well as the Mayor and Chief in their individual capacities, but granted in all other respects. That is, the Plaintiffs' claims against the OPD and the Mayor and Chief in their official capacities are due to be dismissed, as such claims are merely claims against the City; Plaintiffs claims for prospective relief are due to be dismissed, as Plaintiffs fail to show or allege any imminent threat of a future event that might cause them injury; and the organization is due to be dismissed in its entirety for lack of standing.

I. BACKGROUND

It is undisputed that a Community Prayer Vigil was held on September 24, 2014 at 6:30 p.m. on the Downtown Square. There is much dispute, however, about who organized the event—the Plaintiffs say the City, Mayor, and Chief did; while the Defendants contend that civic and church leaders did. Critically, despite this dispute, at this stage of the proceedings (i.e., a motion to dismiss), these facts do not get fleshed out. Rather, the well-plead facts alleged by the Plaintiffs are taken as true. The motion, then, is decided on these facts.

The story begins just prior to the event. The Complaint alleges that on about September 20, 2014, the OPD posted a letter on its Facebook page that was written on its letterhead and signed by Chief Graham and Narvella Haynes (an individual associated with the New Zion Missionary Baptist Church) that encouraged attendance at the prayer vigil and reveals the OPD's and Chief Graham's involvement in planning, endorsing, and promoting it. The letter reads as follows:

Blessings to all our citizens, specifically Pastors, Community Leaders, Parents and our precious youth.

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.

Within the last 30 days we have had numerous shooting that have resulted in two children and an infant being hit by bullets.

Stray bullets do not have respect for addresses, social status, economic status, educational background, political status and the list goes on. But my point is none of us are exempt from stray 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 pm to be held at our Downtown Square located in the heart of the City.

Please support peace and this appeal for unity on this very important "Community Prayer Vigil" coming this next Wednesday. We need you.

(Complaint, Exhibit A) (emphasis added).

Then, on about September 21, 2014, AHA sent an email to Chief Graham advising him (as they see it) that his letter urging "fervent prayer" and promoting the Community Prayer Vigil was unconstitutional and demanded that the letter be removed from the police department's Facebook page. Chief Graham responded that he would not remove the letter. According to Plaintiffs, Chief Graham and the OPD received other complaints about the letter and their involvement in the prayer vigil.

Mayor Guinn also received complaints about the City's alleged involvement in the Community Prayer Vigil. In response to an email complaint from Plaintiff ...