Woodruff City Bulletin (Woodruff, SC) - National Anti-Religion Group Sends Mayor Demand Letter

 By Jennifer Penar, The Woodruff City Bulletin
Woodruff, South Carolina

There is a possible lawsuit brewing against the City of Woodruff, and it may end up gaining national attention. The Freedom From Religion Foundation (FFRF), a nation-wide, non-profit organization, which works to protect the constitutional principle of separation of church and state, has confirmed receiving a complaint on April 29th, 2010, alleging constitutional violations committed by the City of Woodruff. The complaint was submitted by a person claiming to be a Woodruff citizen and who wishes to remain anonymous. Below is the complaint that was submitted via the internet to the FFRF. We have printed it as it was written.

the city of woodruff sc, cityofwoodruff.com, has the sectarian cross and the word church in the city emblem/seal. to view this seal go the citys web site. it is at the top right of the screen. to get a better view to the the council page and it is in the background of the mayor and council pictures. every letter ad swer bill the city mails out, every city vehicle and every uniformed city employee bears this city seal that shows the city of woodruff is endorsing and surporting religion in violation of the establishment clause. at the last city coucil metting councilperson norman got up and said a pray and mention jesus christ several times. may 2 2010 at 6pm the city is closing down main st for a religous revival using public funds to block and clean the street and the city own portable stage. the city is also paying to support religion with my tax money and i want it stopped.  please help this has got to stop [sic]

The complainant also sent copies to city officials and some local media on May 3rd. The Woodruff City Bulletin learned of it on May 7th. Requests from the WCB to the complainant for an interview have not been responded to.

On May 17th, the Woodruff City Bulletin interviewed City Manager Stephen Steese, as well as Mayor Brad Burnett concerning the allegations. When asked about the origins of Woodruffs current city seal, Steese produced the original design submitted by a local resident and then-9th grader, Jason Hart. The design was created for a contest sponsored by the city in the late 1980s early 1990s, and was selected and approved by the then seated City Council. The cross, included in the seal, is meant to symbolize the word church, and also to reference the earliest origins of the City of Woodruff, which began with the membership of The Church of Christ on Jameys Creek in 1787. In context with the other two main symbols of the seal, it is meant to show the need for School, Church and Commerce to work together for the good of a community.

When Steese was asked what the cost might be to Woodruff taxpayers to re-design and replace the city seal in all of the places it is currently used, he estimated it to be in the 10s of thousands [of dollars].

Regarding Councilperson Mattie Norman praying in the name of Jesus during an opening prayer at a recent City Council meeting, Mayor Burnett stated that usually different leaders of different churches come on a voluntary, unpaid, rotational basis to open meetings with prayer, and that any faith or persuasion is welcome to volunteer. In this case, the person scheduled was unable to attend, so councilperson Mattie Norman stood in. While it has been tradition to have an opening prayer, Mayor Burnett stated: Its not compulsory to join in with the opening prayer. Council Member Norman could not be reached for comment.

Steese reported that no taxpayer funds were used for the May 2nd event on Main St. The City didnt even put out any extra [trash] cans for it, noted Steese. (Additional city trash cans were recently provided for the Stone Soup Storytelling Festival.) The event was put on by The Baptist Association which is a group made up of several different Baptist churches, and First Baptist Church requested the permit to close Main St., which the city forwarded to the SC Department of Transportation. The SC DOT approved the request. If the FFRF wanted to march, wed forward their request, same as anyone else, Steese said.

Mayor Burnett, who was in attendance at the May 2nd event, stated that he attended as a private citizen and not in an official capacity, and added that his church was a part of The Baptist Association. The events set-up, operation and clean up afterward was provided by the events sponsor, with one exception: on-duty policemen aided in blocking off Main St, and provided crowd control. However, Steese noted that they would have been present to handle public safety for any event, secular or non-secular, that required the closing of Main St, including protests, holiday parades, March of Dimes, Relay for Life, etc.

When asked if there would be any official response to the complaint, Steese said that an upcoming gospel sing would no longer be sponsored by the city as it was in previous years. It isnt worth a lawsuit. The event is still scheduled to take place under another sponsor.

On May 18th, the WCB queried the FFRF on the status of the April 29th complaint, and the FFRF responded that a standard acknowledgment had been sent in reply to the complainant, but no other response had yet been taken.

On May 24th, Patrick C. Elliot, an attorney with the Freedom From Religion Foundation (FFRF), sent a 5-page letter to Mayor Burnett informing him of the illegality of opening prayers where any one religion is given preferential treatment at city council meetings, as well as the presence of a Latin cross in the city seal. On prayer at government meetings it states:

The prayers currently given during City Council meetings impermissibly advance Christianity and lead a reasonable observer to believe that the City Council is not only endorsing religion over non-religion, but also Christianity over other faiths. This practice inappropriately alienates non-Christians and non-believers The constitutional rights of citizens to participate in government meetings such as City Council meetings should not be predicated upon being subjected to Christian prayers.

Concerning the City seal: The inclusion of a Latin cross and the word Church on the official city seal violate the Establishment Clause of the First Amendment Any claims of historical significance to the Latin cross and the words Church on the Woodruff City seal do not relieve the City of its constitutional obligations. Many past judicial decisions were noted by the FFRF in support of both of these assertions.

The letter concluded with the following (in entirety):

On behalf of concerned Woodruff residents and taxpayers and our South Carolina membership, we request that the Woodruff City Council discontinue the practice of praying at meetings. By hosting prayers, the City Council is illegally and inappropriately imposing its Christian beliefs on the citizens of Woodruff. To avoid the divisiveness these prayers cause within the community the solution is simple: discontinue official, government prayers before legislative meetings.

The City must also immediately remove the Latin cross and word church from its official city seal.

Please take immediate action to ensure your city government is in compliance with constitutional dictates. Please inform us in writing of these steps so we may notify our complainant.

Reactions to the letter from Mayor Burnett or Mr. Steese were not available due to publishing deadlines conflicting with scheduled vacation or family leave time. If the city refuses to capitulate, the FFRF cannot legally proceed with a lawsuit unless the currently anonymous complainant is willing to come forward and be named.

In response to a request from the WCB for a counterpoint opinion, Jordan Sekulow, Attorney and Director of International Operations with the American Center for Law and Justice (ACLJ), a non-profit organization based in Washington, D.C. dedicated to the defense of constitutional liberties secured by law, released a statement on May 27th.

The Freedom From Religion Foundation (FFRF) is much more than an organization promoting their view of the so-called separation of church and state a phrase, which of course, does not appear in the U.S. Constitution the FFRF has a fundamental disdain for both religion and religious people. Their goal is also clear: to eradicate any mention of religion, even nonsectarian prayer like the National Day of Prayer, from the public arena. The FFRF always overlooks U.S. history dating back to our nations first Continental Congress and Declaration of Independence.

Concerning the letter sent to Mayor Burnett, Sekulow says the FFRF is challenging prayer before [City of Woodruff] meetings and the city seal. We believe that both are constitutional. This letter is another misguided attempt by the FFRF to intimidate cities and localities using a flawed interpretation of the First Amendment. He concluded with an offer to the City of Woodruff for free legal assistance, if requested.

ACLJ attorneys have argued in numerous cases involving First Amendment issues before the Supreme Court of the United States and other federal and state courts.  The ACLJ is specifically dedicated to the ideal that religious freedom and freedom of speech are inalienable, God-given rights.

No further developments were available at press time.