Nicquel Terry

The Detroit News

Warren — The city and a local atheist are again at odds after officials barred his anti-religion station from City Hall ahead of a National Day of Prayer ceremony.

Doug Marshall and the Freedom From Religion Foundation have denounced Warren for telling Marshall he could not set up his reason table in the atrium because they needed to use the room if it rained during the outdoor ceremony.

Though the city also banned a prayer station on May 5, Marshall said Tuesday he believes Warren targeted him because he is an atheist.

“It was a violation of my right to speak under the First Amendment and also a violation of equal protection,” Marshall said. “I thought it was just another attempt by the mayor to infringe on my rights as a citizen.”

Mayor Jim Fouts said Tuesday he wasn’t aware of Marshall’s reason station being barred from the atrium because of the prayer ceremony.

He said the city reserved the atrium to set up for an honors student ceremony on the night of May 4 and the maintenance staff needed May 5 to clear everything out.

“No one from that group (FFRF) approached me or talked to me about that, period,” Fouts said. “The buck stops with me. Had they called me up I would have been glad to explain it.”

Freedom From Religion Foundation attorney Patrick Elliot said his organization could file another lawsuit against the city for violating a court order that allows Marshall’s station in City Hall and also his right to free speech.

Marshall won a lawsuit last year against Warren that said Fouts violated Marshall’s rights by refusing to allow him to set up a table in the atrium.

Marshall fought for the right to set up the table to counter a prayer station that has been in the atrium for several years. Fouts opposed the reason station because, he said, putting it next to the prayer table could cause disruption.

A federal magistrate ordered city officials to allow Marshall space for his display. It is set up from 11 a.m. to 3 p.m. Tuesdays and Thursdays.

A letter from the Warren Downtown Development Authority sent to Marshall on May 4 said the DDA has authority over all matters related to use of the municipal building.

“We have also reserved the right to move around scheduled events as deemed necessary,” the letter from the DDA reads.

The Freedom From Religion Foundation represented Marshall in his case last year along with the American Civil Liberties Union of Michigan and Americans United for Separation of Church and State.

“It’s an ongoing concern because his reason station could get bumped or preempted at any time without any guidance or city rules,” Elliot said. “As far as we are concerned, this is not resolved.”

nterry@detroitnews.com

(313) 222-6793

@NicquelTerry