Group may sue city of Lodi over prayers at council meetings

A national organization is threatening to sue the city of Lodi because of Christian prayers said before Lodi City Council meetings.

On May 21, the city received a letter from Madison, Wis.-based nonprofit Freedom From Religion Foundation asking the city to stop allowing pastors to say prayers in the name of Jesus Christ.

"The problem is that Lodi is a very diverse population, with many diverse backgrounds and even non-believers, and they are made to be outsiders in their own community when Jesus is invoked," said Rebecca Kratz, the foundation's attorney.

But Bill Cummins, pastor at Bear Creek Community Church, said when he gives council prayers, he is simply following a more than 200-year U.S. tradition.

"I find it almost amusing that this organization would threaten a lawsuit over the use of one five-letter word that is not profane," Cummins said.

After receiving a complaint from a Lodi resident earlier this year, the foundation watched online video archives from 55 invocations from 2007 to May 6's council meeting. They found 39 had a reference to Jesus Christ.

The Lodi City Council will discuss how it wants to address the possibility of litigation during closed session Wednesday.

When the city clerk's office sends out invitations to churches, it includes the city's policy that any invocations must be "non-sectarian and non-denominational," city spokesman Jeff Hood said. The council established that policy in March 2006.

It invites any religious groups that have previously given invocations and any group that has expressed interest in participating.

Meetings at a glance

Here are what other governmental entities do before meetings:

Galt City Council has a moment of silence before meetings.

San Joaquin Board of Supervisors does not have any type of observance before a meeting.

The city of Tracy has an invocation before council meetings and encourages all religious leaders to participate, said Carole Fleischman, assistant city clerk. The city has never restricted who could speak or what they say.

Council members started doing invocations in the early '70s, Hood said. The council asked local religious leaders to participate in the mid-'70s, Hood said.

The letter states that Mayor Larry Hansen said he knew the city was in violation of court case law by having an invocation. He made the comments during a 2006 debate on whether "In God We Trust" should be in the council chambers.

Hansen said he has expected that the city would eventually have to deal with the Christian-centered invocations.

He said he does not know what the city will do until the council talks to City Attorney Steve Schwabauer about the threatened lawsuit. But he believes the city might have to change its policy in order to avoid legal action. He suggested possibly a moment of silence or a stricter set of rules on what can be said during the invocation time.

"It would be very easy to say, 'You know, we are going to fight this all the way,' but they are citing the U.S. Supreme Court, so I don't think we would have any opportunity to overcome that," Hansen said.

Councilwoman Susan Hitchcock does not believe the policy should be changed, but instead the city should focus on enforcing it.

"I think that our current policy is designed to eliminate the marginalization of other religions," she said.

The church community will support the Lodi City Council in whatever decision is made, said Cummins, who was one of the pastors cited in the complaint, for using Jesus Christ in six of his prayers before the council.

But he does not think any of his prayers have violated the city's non-sectarian, non-denomination clauses because he has never mentioned a specific "brand" of Christianity. He also said the U.S. House of Representatives and U.S. Senate start sessions with Christian prayers.

"When I pray, it's for council wisdom, protection of police and firefighters and new financial resources to come to our city to provide services," Cummins said.

In three of his four prayers, Reverend Alan Kimber did not mention any of the Christian-centric words the foundation was noting. He said he tries to not mention direct scripture references or Christian dogma, although in his first prayer he inadvertently asked people to bow their heads.

"I do think it's a sad reflection on where we are," he said. "With all we are facing as a country and a city, that we have to spend energy in this area seems strangely inappropriate."

He said the city could offer an invocation for those who wish to attend outside the chambers before the council meeting. He also suggested that religious groups should include prayer for elected leaders in religious ceremonies.

One thing he would not be in favor of is a moment of silence.

"It gives the impression that there is a bereavement," Kimber said. "It may suggest God is dead."

While she has had no personal problems with the prayers, Councilwoman JoAnne Mounce said she will wait to hear from Schwabauer to see if it is a violation. She is surprised that a citizen would take a complaint to national group instead of talking with a council member.

"I would really hope if any of our citizens have a problem with what the city council is doing, they would contact us personally. Nobody has come to me and complained," she said. If the complaint is accurate, Councilman Bob Johnson said the city may have to change its policy. "I do know they open the U.S. Congress and Supreme Court with a prayer," Johnson said. "If it's good enough for them, why isn't it good enough for livable, lovable Lodi?"

Contact reporter Maggie Creamer at maggiec@lodinews.com.

Reader Feedback

Gator wrote on Jun 5, 2009 8:35 PM:

" Jesus saves, Moses invests and Peter goes fishing!!! "

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