An atheist group is filing a lawsuit against the city of Ocala, its mayor Kent Guinn, the city’s police department and the department’s chief Greg Graham, for disregarding the Establishment Clause of the First Amendment by organizing a Christian prayer vigil in an attempt to fight crime.
According to the lawsuit, by assembling people for a vigil where uniformed police personnel preached Christianity in a revivalist, evangelical manner, the police department as well as the city displayed preference for one religion over another, a segregation that is deemed unconstitutional. The suit also contends that a letter sent out to city residents by Graham, which invites them to participate in a “community prayer vigil” is unconstitutional.

After two shootings led to three children, including one infant, being injured, Graham sent a letter to city residents saying the city of Ocala and Marion County were facing a crisis and thus, required fervent prayer.

“The letter was really egregious.  He's saying prayer is necessary to solve the city's problems which of course is contrary to what many people believe and certainly has never been proven,” American Humanist Association (AHA) Legal Director David Niose said.

Niose also said AHA had sent a letter to the city’s administrators in September this year, sharing their concern over the constitutionality of Graham’s letter as well as the state-sponsored prayer vigil but that letter was ignored, which is why the humanist organization decided to file a lawsuit at the United States District Court on November 24. They believe the lawsuit would help address the issue more sincerely even though AHA does not intend for all prayer vigils to be stopped in Ocala.

“Rather, the hope is that the city will realize that it can't do what it did earlier this fall as far as promoting Christianity and promoting prayer and religion,” he said.

In an email, Mayor Kent Guinn said on Wednesday, “We have an absolute right to get together and pray and the Constitution gives us that right, and we will continue to do that as a community.”

While Graham was not available for comments, city attorney Pat Gilligan told the media he would discuss details of the lawsuit only after meeting with the mayor and police chief.

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