The U.S. District Court for the Middle District of Florida, Ocala Division, recently found that the city of Ocala and Police Chief Kenneth Gregory Graham violated the First Amendment by sponsoring or endorsing a prayer vigil.
U.S. District Judge Timothy J. Corrigan wrote the May 24 order granting summary judgment to a group of atheists who claimed Graham and the city of Ocala violated the First Amendment’s Establishment Clause.
The plaintiffs alleged in their complaint that a prayer vigil in 2014 held in the wake of a crime spree that left several children injured violated the Establishment Clause that prohibits government actions that unduly favor one religion over another.
The plaintiffs claimed they wanted to be a part of the community effort to help stop crime but felt unwelcome or uncomfortable because of the religious nature of the event they likened to a “Christian tent revival.” The plaintiffs claim that during the vigil, several people led prayers or sang, but no one mentioned any efforts to stop the crime spree.
The order granted summary judgment to the plaintiffs in their claims against Chief Graham and the city and granted summary judgment to Mayor Guinn. The plaintiffs were denied punitive damages and awarded nominal damages from the chief and the city, as well as attorney’s fees and costs to be heard by a magistrate judge.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. Const. amend. I.
As a human being, in the United States, and in the state of Florida, you have rights which may not be violated by a governmental entity or person. Despite its incorporation into the U.S. Constitution, violations of the First Amendment rights to freedom of religion, speech, press, and assembly occur frequently. If you believe your first amendment rights were violated, let our Florida Injury Lawyers at Whittel & Melton protect your legal rights. Call us today at or contact us online to learn more about how we can help you in a free consultation.