MONTGOMERY, Alabama -- American Atheists Inc. is preparing to file a lawsuit against the city of Montgomery in the next few days if the city doesn’t disband its program that dispatches clergy to violent crime scenes or make it more inclusive. 

Kentucky-based attorney Edwin Kagin, who is representing the atheist organization, said if American Atheists doesn’t receive a response from the city in the next few days it will file suit.  The lawsuit has been drafted, and he is looking for an attorney in Alabama to handle the case. 

“If we sue, which we will, it will end up costing the state of Alabama thousands of dollars or hundreds of thousands of dollars,” he said because the city is clearly breaking the law. 

American Atheists Inc. and the Freedom from Religion Foundation have sent letters to the Montgomery Police Department saying the department's new program that dispatches trained clergy to crime scenes to comfort victims, Operation Good Shepherd, is in violation of the U.S. Constitution's First and 14th Amendments. 

The deadline for the city to respond to American Atheists' letter is Tuesday. 

In a letter dated Oct. 7 addressed to Montgomery Mayor Todd Strange and Montgomery Police Chief Kevin Murphy, American Atheists stated it had received complaints from Alabama residents about Operation Good Shepherd “whereby public funds and public employees are to be used to promote the Christian religion in an attempt to reduce crime in the State of Alabama.” 

The letter stated “any plan by public officials to engage in a scheme to promote Christianity using public funds and public officials is blatantly and facially unconstitutional under the First Amendment to the Constitution of the United States, which states, ‘Congress shall make no law respecting an establishment of religion…’”

Montgomery Department of Public Safety Spokeswoman Martha Earnhardt said on Monday that the city of Montgomery is in the process of responding to the letters sent by the Freedom from Religion Foundation, American Atheists and the American Civil Liberties Union. 

The city of Montgomery attorney handling the response was unavailable for comment. 

Montgomery Department of Public Safety Director Chris Murphy has said in response to complaints that the purpose of Operation Good Shepherd isn’t to spread Christianity, but to utilize community responses to fight the city’s crime. 

Pastor response

Dwayne Waterford, a Montgomery pastor and outreach worker for the Mid-Alabama Coalition for the Homeless, packs his vehicle before visiting with area homeless in this Al.com file photo.  He is one of the pastors involved in Operation Good Shepherd. ( Erin Edgemon/eedgemon@al.com)

Local pastor Dwayne Waterford said in an interview with Al.com that he was compelled to take part in Operation Good Shepherd because he sees the impact of crime firsthand through working with area youth and the homeless. 

“It is a sad state right now in Montgomery,” he said. 

Waterford said he was driving in the South Court Street area on the way to a youth community center in west Montgomery when he witnessed a man shooting a 15-year-old on Oct. 2.  The 15-year-old survived. 

So far, Waterford believes only one pastor has been called out to a life-threatening crime scene.  Al.com has been unable to reach that pastor. 

About 34 area pastors completed Operation Good Shepherd training. 

Waterford said having a member of the clergy respond isn’t about proselytizing to victims; it is about bringing “calm” to the scene. 

“It allows the police to do what they need to do on the scene instead of having to focus on the family during that time,” he said. “ That person is a good shepherd.  They are there to be with the family if they need something.” 

Waterford said the clergy is asked to be a chaplain. 

“A chaplain in neutral but they are providing comfort and consolation,” he said. 

Waterford said pastors are called out to be a support structure for those victims that don’t have one, and to help them get in contact with their family members or pastor. 

The minister provides services based on the victims’ request, he said. 

“Everything is centered around that victim and what they ask for,” Waterford said.