December 18, 2015

Sent via certified U.S. mail return receipt requested

Gethrel Williams-Wright
City Council Member, At-large

W.L. Pate, Jr.

City Council Member, At-large

Mike Getz
City Council Member, Ward 2

Claude Guidroz
City Council Member, Ward 1

Audwin Samuel
City Council Member, Ward 3

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Becky Ames
Mayor

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Robin Mouton
City Council Member, Ward 4

Re: Civil Rights Violations

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Mayor, City Manager, Chief of Police, and City Council:

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This letter is official notice under the Texas Religious Freedom Restoration Act (TRFRA),
Tex. Civ. Prac & Rem. Code 110.001 et seq., of the City of Beaumonts violation of the rights
guaranteed by TRFRA. My clients are four Beaumont Police Officers: Sgt. Burt Moore, Officer Tony
Harding, Sgt. Barry Scarborough, and Det. Anthony Goudeau (hereafter Clients). The Citys demand
that my Clients, cease having voluntary Bible studies at the Beaumont Police Station, violates TRFRA
by substantially burdening my Clients free exercise of religion. The Citys action does not serve a
compelling governmental interest, and it is not the least restrictive means of advancing a governmental
interest.

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My Clients and other City of Beaumont employees have held voluntary Bible studies at the
police station for several years without incident. Sgt. Moore and Officer Harding are co-founders of
the most recent bible study aptly named the Faith and Fellowship Bible Study (hereafter Bible
Study).

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The Bible Study meets once to twice a month during the lunch hour at the Beaumont Police
Station in the Staff Conference Room, Training Room, or other available rooms at the station.
Attendance of the Bible Study is completely voluntary, and is attended by multiple Beaumont police
officers and employees of several support offices (i.e., dispatch, records, fleet maintenance, building
code, etc.). The Bible Study has been ongoing for almost two years without incident.
A Bible Study was scheduled to take place at noon on June 23, 2015. However, shortly after
Sgt. Moore sent out a reminder email that morning for the days Bible Study, Beaumont Police Chief
James Singletary, called Sgt. Moore and told him that Kyle Hayes, the City Manager, told Chief
Singletary that my Clients and other attendees could no longer use the police department building to
conduct the Bible Study. Sgt. Moore then sent out an email informing the others that the Bible Study
was cancelled.
On September 22, 2015, with the Citys first prohibition of the Bible Study still in effect, Sgt.
Burt Moore sent a Formal Complaint to the Equal Employment Opportunity Commission (EEOC)

complaining of the Citys discriminatory actions. Prior to sending the EEOC Complaint, Sgt. Moore
provided a copy of the Complaint to Chief Singletary who then informed City Manager Kyle Hayes of
Sgt. Moores intentions to file the Complaint with the EEOC. A few days later, Chief Singletary phoned
Sgt. Moore and informed him that the City was completely backing down on the prohibition of the
Bible Study from being conducted at the police station.

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Within a week Sgt. Moore received a call from an investigator with the EEOC regarding the
Formal Complaint he mailed to the Houston EEOC office on September 22, 2015. Sgt. Moore informed
the investigator that the City of Beaumont was negotiating with them, and that at that time the Bible
Study was again allowed to meet at the police station. The EEOC investigator told Sgt. Moore that the
EEOC would not be doing an investigation. In November 2015, Sgt. Moore received a standard denial
letter from the EEOC dated October 19, 2015, which in relevant part stated, the EEOC is unable to
conclude that the information obtained establishes violations of the statutes. This does not certify that
the respondent is in compliance with the statutes. No finding is made as to any other issues that might
be construed as having been raised by this charge. A copy of the above reference letter was also sent
to the City of Beaumont.

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On or about November 17, 2015, Chief Singletary contacted Sgt. Moore, informing him he had
met with City Manager Kyle Hayes, City Attorney Tyrone Cooper, and Director of Human Resources
Lillie Babino about the continuation of the Bible Study. Chief Singletary told Sgt. Moore the position
of Hayes, Cooper, and Babino, was that because the EEOC had decided not to investigate Sgt. Moores
complaint, religious activities would no longer be allowed in any City of Beaumont buildings and that
the City was planning to draft a policy prohibiting religious activities on City property.

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Kyle Hayes, the Beaumont City Manager then sent an email to City Councilman W.L. Pate
memorializing the outcome of the meeting between the City Attorney and the Human Resource
Director. According to Mr. Hayess email to Councilman Pate dated November 17, 2015, the EEOC
has said that there is not a problem denying these meetings and that we in fact open ourselves up to
problems when we approve bible studies and then deny, for example, Girl Scout or Boy Scout
meetings, etc.1 In the same communication, Hayes also said that We do not want to be in position of
picking and choosing what groups conducting non-business activities we are ok with. While it is well
settled that a government may not use hypothetical situations to support the denial of a Constitutional
right, the truth of the matter is that the City does in fact allow and in some cases sponsor non-business
activities at the police station.

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The City completely mischaracterizes the standard language of EEOC denial letters to claim
the EEOC response letter stated that a prohibition of the Bible study was not a problem. Furthermore,
Mr. Hayes reference to Girl Scout and Boy Scout meetings is actually contradicted by reality.
Scouting activity is occurring regularly at the Beaumont Police Station. Beaumont Police Explorers
Post 730, which is a scouting project for boys and girls, age 14 thru 20 meets at the Beaumont Police
Station and uses the police training facilities. 2
Other religious programs and organizations also make use of police department facilities. The
Clergy and Pastors Partnership (CAPPS) program is sponsored by the City of Beaumont and has its
logo displayed on the police departments website. CAPPS is a chaplain program made up of local
religious leaders, including pastors and a rabbi. These community religious leaders meet at the police
1

See Exhibit A, email exchange between City Attorney Kyle Hayes and Councilman W.L. Pate.
www.beaumonttexas.gov/beaumont-police-explorer-post-730-brings-home-several-trophies-15-annual-lakejackson
2

station and go on ride-alongs with officers on patrol. This is of course a good program that supports
our Officers, and is certainly not an establishment of religion.

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The CAPPS program is not the only City sponsored activity related to religion. Beaumont City
Council meetings, which meet every Tuesday, open with an invocation. If opening in prayer at a city
council meeting is an acceptable use of government property (which it is), why does the City Manager,
City Attorney, and Human Resources Director believe that the Bible Study, which meets regularly and
supports our Officers in addition to multiple other employees, is not an acceptable use of government
property?

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The Bible Study is only advertised to City Employees, its attendance is voluntary, and its
occurrence is during nonworking hourstheir lunch break. Because the Bible Study is held during
nonworking hours, it does not interfere with the operation of the government workplace, nor does it
impair discipline by superiors or harmony among co-workers. See Rankin v. McPherson, 483 U.S.
378, 388 (1987). Furthermore, just as the invocation is private speech, so too is the prayer and reading
of scripture by government employees in the lunchroom.

tT

My Clients, like other City employees who attend the Bible Study, are public employees. But
just because they are public employees does not mean they shed their religious liberties upon entering
a government building. This is because public employees retain their First Amendment rights at their
workplace. See Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503, 506 (1969).

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The relationship among police officers, as well as that of other governmental employees who
work with or in concert with police officers (i.e., dispatch, community relations, or fleet maintenance),
requires loyalty, trust, and confidence among fellow officers and support staff. The need for a
harmonious relationship among public employees is a legitimate governmental interest for which the
U.S. Supreme Court has recognized in balancing a public employees private speech rights and a
government employers regulation of First Amendment conduct. See Rankin v. McPherson, 483 U.S.
378, 388 (1987); Pickering v. Bd. of Educ., 391 U.S. 563, 570-573 (1968).

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However, the City has never cited the need for a harmonious relationship as a grounds for the
complete ban against conducting of the Bible Study at the Beaumont Police Department and City
buildings. Such reasoning here would be clearly erroneous due to the effect this Bible Study has in
furthering personal loyalty, trust, and harmony among police officers.

Br

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In contrast, the Beaumont City Council advertises its meetings to all the world and the City
publishes its Agenda for the meetings in advance; an Agenda which always begins with an Invocation.
Participation in the invocation at City Council meetings is voluntary, just as participation in Fellowship
of Faith is voluntary. There is, however, a sharp contrasting difference between the Invocation at
council meetings and the Fellowship of Faith Bible Study. Those in attendance at the Bible Study come
for the purpose of attending it. In contrast, except for the person giving the invocation at council
meetings, it would be a stretch of the imagination to conclude that attendees at City Council meetings
came only to participate in prayer.
Has the City Manager or City Attorney not seen the multiple police departments that have the
motto In God We Trust prominently displayed on their patrol cars? For example, the motto is on
Cleveland ISD and Childress Police Department patrol cars. If this form of religious speech which,
unlike the Bible Study, is displayed for all the world to see is not considered a violation of the
Establishment Clause of the First Amendment, the voluntary coming together of public employees to
discuss the Bible during their lunch hour at a police department is certainly not an issue. See Tex. Atty

Gen. Op. No. KP-0042 (2015) (Texas Attorney General Ken Paxton explaining that a police
departments display of In God We Trust on patrol cars is constitutionally permissible).
My Clients, Sgt. Burt Moore, Officer Tony Harding (formerly a pastor for four years at
Fellowship Bible Church Dallas), Sgt. Barry Scarborough, and Det. Anthony Goudeau (a Deacon at
St. Pius X Catholic Church) are substantially motivated by their sincere religious beliefs and
convictions to come together in fellowship, pray, and read the Bible with other Beaumont employees
during their lunch time.

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In summary, the City of Beaumonts actions in prohibiting my Clients, four Beaumont Police
Officers, from holding a voluntary Bible study at the Police Department, or any other government
building, substantially burdens my Clients free exercise of religion and therefore violates Tex. Civ.
Prac & Rem. Code 110.001 et seq.

tT

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This is a demand that the City immediately cease its violations of Texas law, immediately cease
any attempts to promulgate a policy prohibiting religious use of City property, and allow Sgt. Burt
Moore, Tony Harding, Sgt. Barry Scarborough, and Det. Anthony Goudeau to exercise their sincerelyheld religious beliefs by allowing the Faith and Fellowship Bible Study to continue using the facilities
at the Beaumont Police Department, as they had been doing before the Citys decision to arbitrarily
ban their sincerely-held religious conduct.

Sincerely,

By: ___________________________________
Briscoe Cain
State Bar No. 24073602
Attorney for Sgt. Burt Moore, Tony Harding, Sgt.
Barry Scarborough, Det. Anthony Goudeau

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THE CAIN LAW FIRM

2318 Center Street, Ste 310
Deer Park, Texas 77536
Tel: (832) 647-5117
Fax: (281) 715-4327
E-mail: cainfirm@gmail.com
http://www.cainrowe.com

cc: Tyrone E. Cooper, City Attorney, City of Beaumont

Fax No. 409-880-3121