Cochran v. City of Atlanta

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Wednesday, December 20, 2017

Description:  The city and mayor of Atlanta terminated the employment of Fire Chief Kelvin Cochran because of his Christian faith and beliefs. Mayor Kasim Reed first suspended Cochran for 30 days and announced that he would have to complete “sensitivity training” after activists who don’t agree with the fire chief’s Christian views on sex complained about a men’s devotional book Cochran had written on his personal time. Biblical sexual morality is mentioned only briefly in the 162-page book. After an investigation that included interviews with employees found Cochran did not discriminate against anyone, the mayor fired him anyway—citing as his basis, ironically, the need to tolerate diverse views.


Court says Atlanta policies violate First Amendment freedoms of former fire chief, others

Ruling says rules requiring employees to obtain city’s permission before writing a book are unconstitutional
Wednesday, December 20, 2017

 

Attorney sound bite:  Kevin Theriot

Client sound bites:  Kelvin Cochran #1  |  Kelvin Cochran #2  |  Kelvin Cochran #3

Photos:  Cochran v. City of Atlanta

 
ATLANTA – A federal district court ruled Wednesday that city of Atlanta rules which led to the termination of Fire Chief Kelvin Cochran are unconstitutional. The court found that the city’s policies restricting non-work speech, like a book for Christian men that Cochran wrote, are too broad and allow city officials to unconstitutionally discriminate against views with which they disagree.

“The government can’t force its employees to get its permission before engaging in free speech,” said ADF Senior Counsel Kevin Theriot, who argued before the court on behalf of Cochran last month. “In addition, as the court found, the city can’t leave such decisions to the whims of government officials. This ruling benefits not only Chief Cochran, but also other employees who want to write books or speak about matters unrelated to work. Atlanta can no longer force them to get permission or deny them permission just because certain officials disagree with the views expressed.”

With regard to the city’s “pre-clearance” rules, the U.S. District Court for the Northern District of Georgia wrote in its decision in Cochran v. City of Atlanta, “This policy would prevent an employee from writing and selling a book on golf or badminton on his own time and, without prior approval, would subject him to firing. It is unclear to the Court how such an outside employment would ever affect the City’s ability to function, and the City provides no evidence to justify it…. The potential for stifled speech far outweighs an unsupported assertion of harm.”

The court added that provisions within the rules “do not set out objective standards for the supervisor to employ.” “This does not pass constitutional muster,” the court concluded.

Cochran wrote a 162-page devotional book on his personal time that briefly mentions his Christian views on sex and marriage. Atlanta Mayor Kasim Reed suspended Cochran for 30 days without pay and announced that he would have to complete “sensitivity training.” Reed then fired him, even though a city investigation concluded that he did not discriminate against anyone.
 
  • Pronunciation guide: Theriot (TAIR’-ee-oh)

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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Additional resources: Cochran v. City of Atlanta

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Wednesday, December 20, 2017

Previous news releases:

  • 2017-11-16: Former Atlanta fire chief to court: ‘I was unjustly fired for my beliefs’
  • 2015-12-16: Court allows lawsuit of unjustly fired fire chief to go forward against city of Atlanta
  • 2015-10-13: ADF to court: Atlanta must be held accountable for unjustly firing fire chief
  • 2015-04-09: ADF extinguishes Atlanta’s arguments in defense of discrimination against fire chief
  • 2015-03-26: Atlanta’s desperate defense of discrimination still deficient
  • 2015-02-18: Fire chief sues city of Atlanta over unjust termination
  • 2015-02-17: New developments concerning fired Atlanta fire chief
  • 2015-01-14: City, mayor of Atlanta playing with constitutional fire

Commentary:
  • Kevin Theriot: Reinstate Atlanta Fire Chief Kelvin Cochran (Fox News, 2015-02-25)

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