Friday, September 25, 2015

Challenge To City Council Invocation Policy Is Moot

In Beaton v. City of Eureka, (CA App, Sept. 21, 2015), a California Court of Appeals dismissed as moot a state constitutional challenge to the city of Eureka's Invocation Policy adopted in 2012.  That policy required invocations at city council meetings to be non-sectarian.  In 2014, after a 9th Circuit opinion holding that sectarian prayers at city council meetings do not violate the Establishment Clause of the California or federal constitutions, Eureka adopted a revised Invocation Policy.  The challenge to the original policy is moot and the court refused to rule on the broader question of whether legislative prayer in all forms violates the California constitution.