Basketball Hoops Violate Separation of Church and State?

From Bay News 9.com

Atheists: Don't give jail basketball hoops to churches

(BN9 photo/Melissa Sogegian, BN9) Inmates at Polk County Jail enjoy one last game of basketball before the goals are removed and given to churches.

 

By Melissa Sogegian, Reporter
Last Updated: Thursday, December 30, 2010 

LAKELAND -- 

 

The Atheists of Florida have written to Polk County sheriff Grady Judd to protest the transfer of basketball goals from the county jail to churches.

Bay News 9 reported on Dec. 23 that Judd had ordered the removal of the basketball equipment from jails and its installation at eight churches.

On Tuesday, the Atheists of Florida wrote to Judd to protest the action.

"This measure is in direct violation of the Florida and United States Constitutions," the letter said. "On behalf of our members we request that your office immediately cease and desist this unconstitutional practice.

"Under the federal and state constitutions, no American, Floridian or Polk County resident is obliged to contribute to the support of any religion. However, the transfer of taxpayer property and resources to churches operates to force citizens to do exactly that. You are directing public revenue to religious institutions through the Sheriff's Office, a political subdivision." 

The letter asks Judd to respond to their cease and desist request within five days.

The sheriff vs. the atheists?

Both Judd and Ellenbeth Wachs, the legal affairs director for the Atheists of Florida, spoke with Bay News 9 on Thursday.

Wachs said the donations were a clear violation of the separation of church and state.

"This is a violation of both the U.S. constitution and the Florida constitution," Wachs said. "He's taking taxpayer property, county property, and he's transferring it, giving it, to religious organizations."

Judd said the churches were targeted not because of their religious affiliations, but because of their locations in economically challenged neighborhoods.

"In addition to being a church, it is simply a charity, a non-profit charity," Judd said. "And they have every bit as much right to obsolete equipment than any other non-profit charity."

Wachs disagreed.

"He said he based this on 510 (c) (3) organizations," she said. "Atheists of Florida is a 501 (c) (3) organization. We didn't get a basketball hoop."

But Judd invited the atheists to play some basketball.

"Everyone can play basketball at those churches, even the atheists," he said. "And I would encourage them to do so."

Wachs said she planned to file a public information request on behalf of the Atheists of Florida. She said the group wants to know exactly how much the basketball equipment cost and when it was purchased.

Judd said he's never turned down a public records request.

Judd also said, however, that he does not plan to respond to the atheist's demand to return the equipment to the county, which they requested in Tuesday's letter.

Wachs said if Atheists of Florida doesn't hear from Judd they will go to court and ask a judge to intervene.
If the issue does go to court, Judd said a local law firm has agreed to represent the sheriff's office pro bono.