Rojas v. City of Ocala

315 F.Supp.3d 1256

Art ROJAS, et al., Plaintiffs,

v.CITY OF OCALA, et al., Defendants.

Case No. 5:14–cv–251–Oc–32PRL

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

Signed May 24, 2018

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

Abigail A. Southerland, Carly F. Gammill, American Center for Law and 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, United States District Judge

If individuals or religious groups organize a prayer vigil and gather in the Downtown Square in the City of Ocala to pray for an end to violent crime, the First Amendment to the United States Constitution will protect the "free exercise" of their religion. But what if the government organizes and sponsors the prayer vigil? That is a problem because under the Establishment Clause of the First Amendment, the government cannot conduct such religious activity. Yet that is what happened here. While the Ocala Police Chief and his subordinates were no doubt well-intentioned and sincere in sponsoring the Prayer Vigil, their actions violated the First Amendment.

I. Introduction

When the City of Ocala experienced a violent crime-spree in the late summer and early fall of 2014, its police department sought to curtail the violence using all available means. As part of those efforts, Chief of Police Kenneth Gregory "Greg" Graham met with members of Ocala's faith-based community to seek their assistance. What resulted was an invitation from Chief Graham to the community, promoted on the Ocala Police Department facebook page and elsewhere, encouraging everyone's attendance at a "Community Prayer Vigil" on September 24, 2014 in the Downtown Square. The plaintiffs, who are atheists, contacted Chief Graham and Ocala's mayor, Reuben "Kent" Guinn, in advance of the Vigil, advising them of their concern that the City's promotion and sponsorship of a Prayer Vigil would violate the United States Constitution's Establishment Clause. The plaintiffs were rebuffed, the Vigil took place, and this lawsuit followed.

Efforts to settle the case failed and the parties filed cross-motions for summary judgment (Docs. 52, 53, 54) and responses thereto (Docs. 61, 62, 64, 68). The Court held argument on the motions on May 26, 2017, the record of which is incorporated by reference. The parties made further efforts to settle, but those too failed and the Court now issues this decision.

II. Undisputed Facts

In September 2014, the Ocala Police Department pursued various means to try to apprehend those responsible for the recent shooting spree that left several children injured. Graham Dec. I¹ (Doc. 52–1) at ¶¶ 5–6. The police knew who the shooters were, but could not persuade witnesses to come forward to testify. Graham Depo. (Doc. 54–10) at Tr. 21. Their efforts included meeting with local leaders of the NAACP, who suggested to Chief Graham that the police reach out to the local faith-based community for help in convincing witnesses to cooperate. Graham Dec. I (Doc. 52–1) at ¶ 7. Heeding that suggestion, Chief Graham held a meeting at the Ocala Police Department on September 17, 2014, with Captain Richard Edwards, the District Commander of the area where most of the trouble was occurring; Officer Mary Williams, who assisted Captain Edwards with community events in the area; Captain Carmen Sirolli, the Captain in charge of the division investigating the shootings; Major Dennis Yonce, the Major to whom Sirolli reported; Hugh Brockington, an Ocala Police Department Chaplain; Edwin Quintana, another Police Chaplain; and Narvella Haynes, a community activist who lived in the area where the crimes occurred and who had previously assisted the police with community outreach. Graham Depo. (Doc. 54–10) at Tr. 19–21.

The purpose of the meeting was to develop ideas about how "to get the ministers in that area to lean on, talk to, encourage witnesses to come forward" so the police could hold the perpetrators accountable. Graham Depo. (Doc. 54–10) at Tr. 21. Chaplain Edwin Quintana suggested that a prayer vigil or similar event on Ocala's public Downtown Square might bring the faith-based community together to get the word out and encourage people to cooperate. Graham Dec. I (Doc. 52–1) at ¶ 10; Graham Depo. (Doc. 54–10) at Tr. 23. Chief Graham "thought it was a great idea" and said "Let's do it." Graham Depo. (Doc. 54–10) at Tr. 23. Graham says he then left the meeting and Quintana and Haynes began planning the Vigil, creating a letter for Chief Graham's and Haynes' signatures that invited the community to participate in the Vigil.² Graham Dec. I (Doc. 52–1) at ¶ 10; Haynes Dec. (Doc. 52–2) at ¶¶ 7, 9; Quintana Dec. (Doc. 52–3) at ¶¶ 5 & 6. Chief Graham read the letter and directed an Ocala Police Department Sergeant to post it on the Ocala Police Department's facebook page, and Haynes and the Chaplains encouraged members of the community to attend the Vigil. Graham Dec. I (Doc. 52–1) at ¶ 11; Graham Depo. (Doc. 54–10) at Tr. 31, 58; Graham Inter. Resp. (Doc. 54–6) at # 1; Haynes Dec. (Doc. 52–2) at ¶ 8, Quintana Dec. (Doc. 52–3) at ¶ 7. Chief Graham agreed that by posting the letter on the Ocala Police Department facebook page, he was "promoting" the Prayer Vigil. Graham Depo. (Doc. 54–10) at Tr. 50.

Printed on Ocala Police Department letterhead (with the image of the Ocala Police Department badge and words OCALA POLICE DEPARTMENT displayed at the top, and the Department address and phone number at the bottom), the text of the letter read:

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 shootings 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. Buy 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.

The letter was signed with "Blessings and Highest Regards" by Greg Graham, as Chief of Police, and Narvella Haynes. See Doc. 1, Ex. A. Here is an image of the letter:

Ocala Police Department staff created a separate flyer about the Vigil which depicts a photo of the gazebo covered stage in the Downtown Square with an image of praying hands in one corner and the Ocala Police Department logo in the opposite corner, and the words "Community Prayer Vigil Wednesday, September 24, 2014 6:30 p.m. Ocala/Marion County is in crisis! Help Stop The Violence! Join us downtown on the square." Doc. 54–22 (marked Ex. 6) at 7. The Police Chief's letter and an earlier version of the flyer (created before the Ocala Police Department logo was added) were sent to Narvella Haynes by Officer Williams on September 19. Doc. 54–23 (marked Ex. 7).³ Chief Graham stated he was unaware of the existence of the flyer. Graham Dec. II (Doc. 68–1) at ¶ 4.

Quintana invited several local clergymen to participate in the Vigil and sent an email to the Ocala Police Chaplains (copying Graham) telling them that Chief Graham asked Quintana to ask all the Chaplains to be present at the Vigil and to come wearing their Police Chaplain uniforms. Quintana Dec. (Doc. 52–3) at ¶¶ 7, 8; Doc. 54–26 (marked Ex. 10) (9/22/2014 email to chaplains from Quintana, copying Graham).⁴ The Ocala Police Chaplain uniform differs from the uniform of a sworn officer—the Chaplains wear white shirts instead of blue, the sleeves bear patches that say "CHAPLAIN" above the Ocala Police Department patch, and the Chaplains do not carry weapons. Quintana Dec. (Doc. 52–3) at ¶ 9; Doc. 54–19 (marked Ex. 3) at Page ID 1386, 1389, 1394, 1396, 1401, 1402 (photos of uniformed Ocala Police Officers and uniformed Ocala Police Chaplains).

The Ocala Police Department supplies and pays for the Chaplains' uniforms. City Inter. Resp. (Doc. 54–5) at # 7. Chief Graham testified that when the Chaplains are in their police uniforms, the public would perceive them as being connected with the Ocala Police Department. Graham Depo. (Doc. 54–10) at Tr. 165–66. The Chaplains have office space in the Ocala Police Department's building. Id. at Tr. 169. According to the Ocala Police Department Directive, "Ocala Police Department Chaplains are official members of the Ocala Police Department[,]" who are "appointed by the Chief of Police," and are "considered members of the staff of the Chief of Police in a support capacity and report directly to the Chief of Police." Doc. 52–6 (marked Ex. 2) at 2. "They are issued Police Identifications in the form of an identification card with holder and badge[,]" id., are issued cell phones, and are authorized to drive Department vehicles.⁵ Ocala Police Department Police Chaplain Section Manual, 2010, and as reviewed 2015 (Doc. 54–74 (marked Ex. 58) ) at 23–24, 36–37. Chief Graham has the authority to terminate the Ocala Police Chaplains. Graham Depo. (Doc. 54–10) at Tr. 168. Although the Ocala Police Chaplains are volunteers, they are covered by worker's compensation when performing official Department duties. Doc. 52–6 (marked Ex. 2) at 2. All of the Ocala Police Department...