Lawsuit against Chesapeake alleges religious infringement

A Chesapeake man has filed a federal civil rights lawsuit against Chesapeake, alleging that he fears to evangelize in the city since being told he could not display a 12-foot cross in a city park.

The suit, on behalf of Steve Taylor and his group, Christian Rights Ministries, was filed by attorneys from with the Alliance Defense Fund on Thursday in the U.S. District Court for the Eastern District of Virginia.

The suit alleges that city officials told Taylor and his group that the white cross had to be removed from Lakeside Park after a Fourth of July parade.

“Christians shouldn't be penalized for expressing their beliefs,” said ADF Senior Counsel Nate Kellum. “Government officials have no right to harass or threaten citizens for exercising their First Amendment rights in public.”

Named as defendants are the city; Robert Clifton, the director of parks and recreation; Donna Hill, the department’s recreation superintendent; and Brenda Johnson, the chair of the city’s Fourth of July celebration.

Taylor, in the suit, describes himself as “a professing Christian who, as a tenet of his faith, publicly proclaims and communicates his Christian beliefs and convictions to others.” To do so, he founded CRM in 2002.

The cross, the suit says, “is a critically important symbol to Mr. Taylor and CRM members,” and that it “more than any other means of communication, conveys the essence, purpose and benefits of Christianity.”

Thus, the group built a 12-foot-tall, 6-foot-wide, polyurethane cross that rolls on wheels.

The suit contends that last July 4, Taylor and CRM members took part in Chesapeake’s annual Independence Day parade and brought the cross.

No officials are alleged to have attempted to stop them from using it in the parade. The problems arose when CRM and other groups set up booths in Lakeside Park.

The suit alleges that Hill told CRM that the cross must be removed because it was “way out there” and “blatantly Christian.” A member refused, however, without evidence that it violated law.

Johnson then came to the booth, the suit alleges, and said that if the “offensive” cross was not removed, police would take it out of the park.

CRM members complied.

“Because of the actions of city officials,” the suit contends, “CRM and its members, including Mr. Taylor, are afraid to participate in any public event with their cross. They fear their speech will be censored or they will be arrested for refusing to hide this Christian symbol.”

The suit seeks injunctive relief so that CRM and Taylor can participate in this year’s Fourth of July parade and celebration and display the cross at any public venue. It also seeks unspecified damages and attorneys fees.

The Scottsdale, Ariz.-based ADF is a Christian legal alliance, launched in 1964, that models itself as a conservative counter to the American Civil Liberties Union.

In addition to promoting the right to display Christian symbols in public venues, the group supports prayer in schools and has opposed abortion, same-sex marriage, the rights of gay people to adopt or serve in the military and public school sex education programs that promote use of contraception.

A lawsuit tells only one side of a story and the city and the individuals named will have an opportunity to respond. 

Chesapeake City Attorney Ronald S. Hallman said Friday night that he has not had a chance to review the suit and had no immediate comment.

Steve Stone, (757) 446-2309/2319, steve.stone@pilotonline.com