An attorney for employees who sued Oklahoma City over the display of religious decorations at Christmas said a settlement approved Tuesday shows the case wasn't about money.
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Although the city agreed to pay $20,000 in attorney fees for the two employees, the settlement includes no monetary or punitive damages. The city will clarify its rules regarding the display of religious decorations in exchange for the employees dropping the suit.
City council members voted unanimously Tuesday to approve the settlement with Chris Spencer and Kenneth Buck.
Brent Olsson, attorney for the employees, said his clients wanted a fair policy that allowed them to express their religious freedom.
"This was not about money,” Olsson said. "It was about trying to correct an injustice.”
As part of the settlement, City Manager Jim Couch agreed to release a statement to The Oklahoman.
"I appreciate Mr. Spencer and Mr. Buck bringing this matter to my attention,” Couch said in the statement. "I also appreciate their working with the city to create new guidelines so that such a misunderstanding does not occur in the future and to ensure protection for the free speech rights of city employees.”
The dispute began after Couch sent a memo Nov. 15 that said Nativity scenes, crosses, angels, cherubs and other religious items should not be displayed in government offices to "maintain neutrality” and avoid promoting one religion over another.
Spencer and Buck sued the city Dec. 17, claiming a supervisor told Spencer he had to remove a religious decoration on his filing cabinet. The employees also claim the city forced the removal of a Bible from a break room and the cancellation of an annual break room Christmas party that included an opening prayer.
After the lawsuit was filed, Couch sent a second memo to department and division heads that said the policy only pertained to decorations in public spaces at city offices. Employees could have the decorations in their personal work spaces, the memo said.
City officials said a new memo will be issued next week that will describe the city's guidelines for religious expression in greater detail.
Olsson said according to the settlement terms, the new memo will supersede the city's previous explanations of the issue.
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Seems like a waste of city money. Most people recognize thier right to worship how they want to in their personal space. Plus, it was all corrected the next day.
Maybe we should check out OKC's policy of paying for and constructing permanent religious displays on public property. Check out the new Asian District Streetscape comming soon to the NW 23rd and Classen Blvd area. I have a contractor friend that showed me the construction plans for OKC street project that is called the 'Asain District' This project includes at least two pagodas (Buddist temple), foo dogs (gardians of the temple) dragon monoliths and yakima lanterns (other Buddist symbols) but according to the answers I received, these aren't religious symbols, they're "art" And it is only going to cost us a little in excess of $1.5 million. None of the money will improve one square foot of street, it is all in the center medians and on the sidewalks. This project was decided on before the Couch incident. Are two standards in place?
City employees have no power or authority to create laws establishing religion. Therefore no citizen's 1st amendment rights were violated because all citizens of Oklahoam City are free to worship or not worship anything or any person. However, Couch directly violated the personal expression clause of the 1st amendment by telling employees to check their religions at the door. True practice of religion is not "checkable." It is woven into the fabric of each person. If it is removable, then it is not really a religion.
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CITY'S RESPONSE
Statement from City Manager Jim Couch regarding settlement of the lawsuit filed by two city employees:
"In November 2007, the city sent out a memo to provide guidelines for holiday displays. It was brought to my attention by Christopher Spencer and Kenneth Buck that a controversy existed regarding an interpretation of that memo. The next day I issued a second memo to clarify that the initial memo was to apply to public places in government buildings and not an employee's personal workspace. I appreciate Mr. Spencer and Mr. Buck bringing this matter to my attention. I also appreciate their working with the city to create new guidelines so that such a misunderstanding does not occur in the future and to ensure protection for the free speech rights of city employees.”
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