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Atheists Of Florida, Inc., Et Al.v.City Of Lakeland, Florida, Et Al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.12-11613
DecidedMarch 26, 2013
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilConstitutional LawFirst AmendmentReligious LibertyFree SpeechMootnessSummary JudgmentVacaturRemand
Case Summary

Atheists of Florida challenged Lakeland's practice of opening City Commission meetings with invocations, arguing that years of predominantly Christian speakers and sectarian prayers violated the First Amendment and Florida's no-aid provision. After the challenge began, Lakeland broadened its speaker search and adopted Resolution 4848, which invited a wider range of religious organizations, barred participation from being required, and prohibited officials from directing or reviewing prayer content. The Eleventh Circuit held that the revised practice did not exploit legislative prayer to advance or disparage a faith, and that the City's modest administrative expense did not confer a prohibited financial benefit on religious organizations. The court therefore affirmed judgment for Lakeland on the post-March 2010 practice. It held, however, that the challenge to the earlier speaker-selection practice was moot because that practice had ended before the lawsuit and the record did not show a substantial likelihood of recurrence. The court vacated the district court's merits ruling on that earlier practice and remanded with instructions to dismiss that portion for lack of jurisdiction. The judgment was affirmed in part and vacated and remanded in part.

Opinion

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Atheists Of Florida, Inc., Et Al. V. City Of Lakeland, Florida, Et Al. — The Atlanta Gleaner