Point Pleasant Beach officials will soon decide whether to continue saying sectarian prayers at the start of their council meetings, or to limit prayers to those that are not specific to certain religions.
Facing $40,000-plus in legal fees, the Borough Council may abide by a judge's order and decide that silence is golden, said Mayor Vincent Barrella.
Barrrella said the council will consider its options over the next few weeks - even as several residents protested the recent court decision by reciting the Lord's Prayer before Tuesday's meeting.
"The dollars and cents make it very difficult," Barrella said. "Forty-thousand dollars is somebody's job in Point Pleasant Beach."
Residents said they plan to put together a petition urging the council to fight the temporary injunction issued Friday by state Superior Court Judge Vincent Grasso, who sits in Toms River.
Joellen Arrabito, a resident who joined several others in reciting the Lord's Prayer, said the judge's decision tramples on her freedom-of-religion rights.
"We're just going to appeal to a higher authority," said Arrabito. "We're looking for tolerance for all."
Grasso agreed with the position of the American Civil Liberties Union that the policy violates the New Jersey state Constitution by allowing each council member to choose a prayer, thereby leaving the door open to sectarian prayers, or prayers that are specific to only certain religions.
The ACLU is representing Sharon Cadalzo, a Jewish borough resident who filed suit after hearing the clerk read the Lord's prayer at a number of meetings. Cadalzo attended the Tuesday meeting but declined to comment.
The Borugh Council's old policy called for the clerk to read the Lord's prayer aloud as each meeting began, according to ACLU Deputy Legal Director Jeanne LoCicero. But, she said, Point Beach's new policy isn't much better.
For example, at a meeting last month, Councilman Jeffrey Dyer, in closing a prayer, said "Jesus" and made the Sign of the Cross, the ACLU argued.
LoCicero argued successfully that both policies violate the state constitution which prohibits a public governing body from saying any prayers at meetings that show preference for any specific religions.
Borough Attorney Kevin Riordan said after the decision that he was disappointed and that the municipality would have to decide whether to continue to fight for the existing policy, to change it or to simply observe a moment of silence at the opening of meetings.
Dyer said the American Defense Fund, a national organization, has offered to pay legal costs to continue fighting for the existing policy. He said that would be one of many issues to take into consideration when the mayor and council discuss the matter with Riordan.
During the Tuesday council meeting, Dyer called the judge's order "disconcerting," adding: "There is nothing in the constitution about separation of church and state."
Dyer said he believes that the majority of borough residents believe in Jesus Christ and, therefore, their elected officials should be permitted to say prayers at the openings of meetings that reflect those beliefs.
"I wouldn't have any problem with the township committee in Lakewood opening their meetings with a Jewish prayer because they have a large Jewish population," Dyer said. "Or Edison opening meetings with a Hindu prayer because they have a large Indian population."
Riordan argued in vain in court that the policy passes state constitutional muster because by giving various council members opportunities to say a prayer or other personal expressions, sectarian prayers would not be said at every meeting.
"A clearly sectarian prayer repeated over and over would raise questions," Riordan told Grasso.
However, Riordan continued, when the policy allows council members to take turns at meetings "to speak their conscience" it will not lead to sectarian prayers being recited at all meetings.
He argued that case law supports policies that allow words such as "God"and "Heavenly Father," so the borough policy allowing for prayers that mention "Jesus" and call for the Sign of the Cross should also be allowed, especially since those sectarian prayers will not be said at every meeting.
Grasso, looked at Riordan and said, "So if they say it once, it's ok, but if they say it all the time it's not?"
By Denise Di Stephan and Tom Davis | Email the authors | December 23, 2010 www.pointpleasantbeachpatch.com
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