OCALA, FL (352today.com) – The City of Ocala isn’t backing down from a court battle over a prayer vigil held a decade ago.
This week, the Ocala City Council consulted with an attorney from the American Center for Law and Justice regarding the legal matter of Rojas versus the City of Ocala.
In the lawsuit, atheists claim the vigil violates the First Amendment of the Constitution. The three plaintiffs in the suit are being backed by the American Humanist Association.
The Ocala Police Department organized the event in collaboration with the NAACP and faith-based leaders in response to drive-by shootings that rocked community in 2014. More than 500 people attended the observance which called for an end to crime and violence. The late Greg Graham was Ocala’s police chief at the time and Kent Guinn was the mayor.
“We had been communicating with the atheists during that time,” said Guinn. “They were talking about separation of church and state in the Constitution. It’s not in there. It doesn’t say that. It talks about the freedom of religion and the freedom of the exercise thereof. The atheists said that it had violated the Establishment Clause, and by us praying, we were establishing a religion.”
Last month, Chief Judge Timothy J. Corrigan for the Middle District of Florida ruled in favor of the plaintiffs.
On Tuesday, the city council deliberated whether to appeal the judge’s decision.
When it came time to call for the vote, the five-member council voted unanimously to continue litigation.
“I think we made the right decision Tuesday night. Obviously, I don’t have a vote on that. But I have a voice, and I spoke my mind as far as we need to continue to fight for this,” said current Ocala Mayor Ben Marciano. “We need to appeal this. I believe that, and I’m proud or our council for making that decision for supporting it.”
The suit is now expected to go before the Atlanta-based 11th Circuit Court of Appeals. Depending on the outcome, it could go before the United States Supreme Court.