The city of Atlanta says it has “heightened powers to restrict speech as necessary to ensure efficient delivery of mandated services,” so its actions in dismissing Fire Chief Kelvin Cochran after he wrote and handed out a book about his Christian faith were proper.
“In the instant case, although plaintiff states that his religious beliefs compel him to honor God in all aspects of his work and to treat staff and community members equally, he does not allege that his religious beliefs compelled him to publish a book about his beliefs while actively serving as the fire chief and without obtaining prior written approval of the city of Atlanta board of ethics per city code,” a court brief filed on behalf of the city in U.S. District Court for the Northern District of Georgia Atlanta Division said.
WND reported Cochran filed a federal civil rights lawsuit against Atlanta alleging he was wrongfully terminated because of his religious faith.
Cochran wrote a devotional book for Christian men titled “Who Told You That You Were Naked?” in which he mentions homosexuality in an unfavorable light. Mayor Muhammad Kasim Reed fired Cochran in January because of Cochran’s “bad judgment,” alleging Cochran did not come to him for permission to write the book.
Ironically, the mayor also said Cochran’s book could have prompted a lawsuit against the city, a clear reference to Atlanta’s politically powerful LGBT community, some of whom serve in Reed’s administration.
“Let’s stop trying to make this about religious freedom, when it’s about making sure we have an environment in government where everyone can come to work,” Reed told WSB-TV in Atlanta earlier.
One chapter in Cochran’s book focuses on morals, and one page deals with homosexuality, citing it as one of many sexual sins (fornication, adultery, bestiality and pedophilia being the others). The book, whose title was taken from a verse in Genesis, is about how men can become better fathers, husbands and leaders.
Cochran is working with attorneys for the Alliance Defending Freedom, who are asking for dismissal of the case, contending the city’s arguments actually confirm Cochran’s allegations.
“In the motion, the city claims it was entitled to fire Cochran because the views he expressed in a Christian devotional book ’caused at least one [fire department] member enough concern to complain to a city councilmember’ and because Cochran distributed the book to a handful of department members, most of whom had asked for a copy and none of whom objected,” ADF said.
“In America, a religious or ideological test cannot be used to fire a public servant, but that’s precisely what the city did,” said ADF Senior Counsel David Cortman. “That endangers everyone who works for the city who may hold to a belief that the city doesn’t like. Furthermore, the First Amendment fully protects the freedom of any public employee to distribute religious materials at work to those willing to receive them, and no city rule – written or unwritten – can override that freedom.”
ADF said the case arose when “activists who don’t agree with Cochran’s Christian views on sex” registered complaints with Councilman Alex Wan.
City officials first suspended Cochran, and then when a city investigation “concluded that he did not discriminate against anyone,” fired him, ADF said.
That’s even though Reed praised Cochran in his 2014 State of the City speech, recounting how he “begged” Cochran to return to Atlanta in 2010 from his federal job.
Cochran, who previously served as the fire chief from 2008 to 2009, was affirmed by the city council then.
The city said it has a rule requiring city permission for books such as Cochran’s Bible study. But ADF reported that such a rule would be unconstitutional, and, further, Cochran obtained permission from a city official before publication.
The book had been provided to the mayor nearly a year earlier, ADF said.
The city’s claim to control of its employees’ speech was emphasized by a statement from Wan, who said: “I respect each individual’s right to have their own thoughts, beliefs and opinions, but when you’re a city employee and those thoughts, beliefs and opinions are different from the city’s, you have to check them at the door.”
Jeremy Tedesco, senior legal counsel for the ADF, said the city “exonerated Chief Cochran from any discrimination, but then it cited the need to tolerate diverse views as the reason for firing him.”
“That demonstrates the city’s hypocrisy as well as the true reason for why it fired the chief: it simply didn’t like his religious beliefs – an unjustifiable reason for firing any public employee,” Tedesco said.
Reed himself has exhibited an uncompromising attitude toward Cochran’s speech rights.
“It would take the United States Supreme Court, ordering me, for Kelvin Cochran to get his job back, because I know I made the right decision,” Reed told WSB-TV, the local ABC affiliate.
In a Feb. 10 letter, Georgia’s Republican congressional delegation called on Reed to reinstate Cochran. The letter states that the city’s action “appears to violate fundamental principles of free speech and religious freedom.”
“The only way Chief Cochran could avoid his views would be to disown his religion,” the lawmakers say. “Indeed, in terminating him, the city of Atlanta itself engaged in an act of discrimination, and worse, did so on the basis of his religious beliefs.”
Watch clip of Cochran’s comments recently and Reed’s angry response:
[jwplayer oQyeGxSA]
