December 14, 2010
CAPE CORAL, Fla.– Cape Coral City officials warned Atheists of Florida members attending the December 13th city council meeting to either cover-up the message on their shirts or be ejected from council chambers. The shirts depicted a brightly colored American flag over which the words “ONE NATION INDIVISIBLE” and “Atheists of Florida” were inscribed. The back of the shirt displayed “ATHEISTS OF FLORIDA.”
The atheists were attending the Monday evening meeting to voice their concern about Resolution 51-10, which included instructions about conducting prayer invocations as part of the council’s meeting protocol.
The shirt issue started prior to the meeting when Councilman Marty McClain informed Atheists of Florida president, John Kieffer, that religious and political shirts were not permitted and that the shirts had to be turned inside-out. McClain told Kieffer that this was necessary due to citizen concerns about the organization’s shirts, which the atheists had worn to a previous council meeting. Kieffer responded that his attire simply identified the Florida non-profit corporation and that he would not comply with the order. McClain stated that he would get additional clarification and no further instructions were conveyed at that time.
During the mid-meeting break, Cape Coral Mayor, John Sullivan, and city manager, Gary King, reiterated their demands for members to replace or cover up the shirts. King indicated that the shirts were in violation of council policy. He further warned that if the shirts were still visible, anyone wearing the attire would be asked to leave and if necessary, Cape Coral police would be employed to enforce the demand. Kieffer asked to see the policy and was told that this could not be done at the time. Kieffer responded that he would refuse to comply and would accept the consequences. A few minutes later, King informed Kieffer that he believed that the shirts “should be okay.”
During the second part of the meeting, Kieffer and four other members addressed city council during the public comments about the resolution. He and fellow member, Matthew Smith, wore the atheist organization’s shirts during their address.
Mayor Sullivan introduced the shirt issue during the council discussion reading from the resolution that “during any meeting of the City Council no person shall display any banner, placard or sign that is personal, obscene, or profane.” Sullivan stated that he wanted to add “political” and “personal attire” to the rule. The resolution passed unchanged with Sullivan casting the lone dissenting vote.
Smith stated, “When city officials mentioned to us that no political or religious message was permitted on our shirts, my immediate thought was that this was absurd given their recent discussions about putting up the Ten Commandments in City Hall.”
Kieffer added: “It’s amazing to me that the mayor, who steadfastly continues to promote and endorse government sponsored religious prayers during his meetings, wanted to eject our members simply because our organization’s name on our shirts disturbed him.”
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REFERENCES:
Resolution 51-10 (attached)
Section D: “Invocation/inspirational message, or moment of silence”
Section R: “Public Comment Opportunities;”
Part 1 (d) (iv) was quoted by Mayor Sullivan
Cape Coral meeting agenda and archive video:
http://ecape.capecoral.net/sirepub/mtgv ... pe=SUMMARY
Public comments and discussions about Res. 51-10, video time 5:03:45 – 5:52:40
Mayor Sullivan’s comments and discussion begins at time 5:32:15
City of Cape Coral website: http://www.capecoral.net/
Photo: John Kieffer speaking 12/13/2010 in protest of council led prayers
Photo captured from City of Cape Coral meeting video stream:

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