October 1, 2019

Via Certified Mail and Email

Chief Jeri Williams

Phoenix Police Department
620 West Washington Street
Phoenix, Arizona 85003
Jeri.williams@phoenix.gov

Re: United in Christ, A Call to Prayer

Dear Chief Williams:

I am writing on behalf of the American Civil Liberties Union of

Arizona (ACLU) concerning “United in Christ, A Call to Prayer,” an
P.O. Box 17148
Phoenix AZ 85011
event scheduled to take place on Friday, October 4, 2019 in the City
(602) 650-1854 Council’s chambers. I’ve attached a flyer promoting the event, which
acluaz.org appears to be a Christian prayer vigil supported by the Phoenix Police
Department. Simply put, the U.S. Constitution prohibits the
Dale Baich government from holding, supporting, or otherwise sanctioning a
President prayer service of this nature. We urge you to cancel the event
immediately.
Alessandra Soler
Executive Director
The Supreme Court has long recognized that the Establishment
Marty Lieberman Clause of the First Amendment “mandates governmental neutrality
Interim Legal Director between religion and religion, and between religion and nonreligion.”
McCreary County v. ACLU of Ky., 545 U.S. 844, 860 (2005) (quoting
Epperson v. Arkansas, 393 U.S. 97, 104 (1968). It is “clearly
established that a government-sponsored prayer vigil would violate the
Establishment Clause.” See Rojas v. City of Ocala, 315 F. Supp. 3d
1256, 1286 (M.D. Fla. 2018) (denying qualified immunity to police chief
who used his official capacity to plan and promote prayer vigil); see
also Newman v. City of East Point, 181 F.Supp. 2d 1374, 1380-81 (N.D.
Ga. 2002) (holding that city’s funding and promotion of prayer
breakfast ran afoul of the Establishment Clause). Accord Doe v. Village
of Crestwood, 917 F.2d 1476, 1478 (7th Cir. 1990) (holding that
village’s sponsorship of Catholic mass during citywide festival was
unconstittuional).

As noted above, Friday’s prayer vigil is set to take place in the

City Council’s chambers. It appears to be organized with assistance
from department officials, including “Officer Craig Weemhoff,” who is
listed by his official title as a contact for the event. A photograph
featuring you (and presumably other officers) in uniform, with your
head bowed in apparent prayer, is used in promotional materials. And,
according to at least one desciption of the event, the “four hours of on
site prayer” will be “led by members of the Phoenix Police
Department.” Such government “sponsorship of a religious message is
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impermissible because it sends the ancillary message to members of
the audience who are nonadherents ‘that they are outsiders, not full
members of the political community, and an accompanying message to
adherents that they are insiders, favored members of the political
community.” See Santa Fe Indep. Sch. Dist. V. Doe, 530 U.S. 290, 309-
10 (2000) (quoting Lynch v. Donnelly, 465 U.S. 668, 688 (1984)
(O’Connor, J., concurring)).

The government’s promotion of a particular religious perspective

is especially troubling when it involves police officials, who have sworn
an oath to protect all members of the community. It may alienate
potential witnesses, victims, and other members of the public who do
not share the department’s favored religious beliefs yet must rely on
its services. Police officers must heed the counsel of the Establishment
Clause and avoid using their official positions or government resources
to endorse religious messages or religious activities.

To avoid any further constitutional violation, the Department

must cancel this event as soon as possible. Please provide confirmation
that you have done so no later than the close of business on Thursday,
October 3, 2019. I can be reached at 602-773-6011, or by email at
mlieberman@acluaz.org. In addition, please produce the documents
and materials in the attached public-records request.

Sincerely,

Marty Lieberman
Interim Legal Director

cc: Cris Meyer

City Attorney
Phoenix City Hall
200 West Washington, 13th Floor
Phoenix, AZ 85003
cris.meyer@phoenix.gov

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