Atheists of Florida, Inc. v. City of Lakeland
838 F. Supp. 2d 1293
M.D. Fla.2012Background
- Plaintiffs challenge Lakeland’s invocation practice at City Commission meetings under 42 U.S.C. §1983 and the Florida Establishment Clause,” Count I and II,” after dismissal of Counts III–IV.
- Practice historically rotated speakers, largely Christian, with occasional Jewish or Muslim speakers pre-2010.
- Hoffman, Gill, and Terry managed invocation speakers; pre-2010 lists and procedures biased toward Christian denominations.
- In 2010, City adopted Resolution 4848 to create an inclusive Congregations List and require invitations to all local congregations; post-2010 invocations included Jewish and Muslim speakers.
- Plaintiffs alleged pre-March 2010 practices and post-March 2010 practices violated the Establishment Clause by preference for Christianity and by improper creation/maintenance of the invitation process.
- Court granted Defendants’ summary judgment on both federal and Florida Establishment Clause claims; Plaintiffs’ motion for summary judgment denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-March 2010 invocations violate the Establishment Clause | Wachs argues post-2010 policy endorses religion. | City argues policy aligns with Marsh/Pelphrey and is inclusive. | Post-March 2010 practice constitutional under Marsh/Pelphrey. |
| Whether pre-March 2010 invocations violated the Establishment Clause | Pre-2010 practices demonstrate official preference for Christianity. | No impermissible motive; selection was not intended to advance a faith. | Pre-March 2010 practices do not violate the Establishment Clause; no Monell liability. |
| Whether Florida Constitution no-aid clause expands the federal result | No-aid provision prohibits government funding aiding religion. | No direct benefit to religion from invitations; no aid violation. | Florida no-aid clause yields same result as federal clause; no violation. |
Key Cases Cited
- Marsh v. Chambers, 463 U.S. 783 (U.S. 1983) (legislative prayer constitutional when not exploited to proselytize)
- Allegheny County v. ACLU, 492 U.S. 573 (U.S. 1989) (context of religious displays; limits on government affiliation with faiths)
- Lee v. Weisman, 505 U.S. 577 (U.S. 1992) (school prayer held unconstitutional when content directed by officials)
- Pelphrey v. Cobb County, 547 F.3d 1263 (11th Cir. 2008) (three factors: speaker identity, selection procedures, nature of prayers; impermissible motive standard)
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (municipal liability requires policy/custom, not respondeat superior)