Post by moonkitty on Jan 9, 2007 13:09:21 GMT -5
Euless man sues to get permit for animal sacrifice
By MELISSA VARGAS
STAR-TELEGRAM STAFF WRITER
A Euless man has filed a federal lawsuit against the city and three city officials because they refused him a permit to sacrifice animals as part of a religious ritual, according to court documents.
Jose Merced, who describes himself as a priest in the Santeria religion and as president of Templo Yoruba Omo Orisha Texas, says he was denied a permit to slaughter chickens and sometimes goats.
The lawsuit says that the animals are killed quickly and humanely and that the meat is eaten. The blood sacrifice is necessary for initiating new members, consecrating sacred shells and healing rituals, the lawsuit states.
"Santeria cannot continue to function, much less exist, without animal sacrifice," Merced wrote in an affidavit to the U.S. Northern District Court of Texas.
Euless City Attorney Bob McFarland said the city had no knowledge of the lawsuit.
According to the city's Web site, it is unlawful to slaughter or keep animals for the purpose of slaughtering in Euless.
It is also illegal to keep goats and other livestock within 100 feet of any residential building on adjacent property, or to keep livestock on less than half an acre, the site states.
The lawsuit, which names Euless building official Kurt Kasson, Police Chief Bob Freeman and Director of Planning and Development Mike Collins, seeks a permanent injunction to prevent the city from enforcing the ordinances.
The suit alleges that a police officer and an animal control officer, who were alerted by a neighbor, came to Merced's home May 4. They told Merced and 10 of his church members that a religious ceremony scheduled for the following day at Merced's house would be illegal. No animals were at the house, and the officer told Merced to consult city officials before conducting any sacrifice, Merced said in an interview Wednesday.
On June 21, a Santeria priest from Puerto Rico met with Kasson, who referred him to Collins. The priest was in town for another ceremony at Merced's house, and the city again refused to issue a permit.
The lawsuit contends that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 and the Texas Freedom of Religion Act.
According to Merced, Santeria originated in Nigeria and is a combination of religious traditions. It arrived in Cuba with African slaves and entered the United States with refugees from the Cuban Revolution, Merced said.
The belief is a combination of the traditional Yoruba faith and the worship of Roman Catholic saints, according to the lawsuit.
Merced, who owns three properties in Euless and has lived there since 1990, was initiated as a priest in 1979, he said. Police have been called to his home by neighbors three times about the rituals, and when they see cars at his home "even for birthday parties," he said.
In an affidavit attached to the lawsuit, Merced wrote: "We do not want to break the law, and yet we are entitled to practice our religion."
By MELISSA VARGAS
STAR-TELEGRAM STAFF WRITER
A Euless man has filed a federal lawsuit against the city and three city officials because they refused him a permit to sacrifice animals as part of a religious ritual, according to court documents.
Jose Merced, who describes himself as a priest in the Santeria religion and as president of Templo Yoruba Omo Orisha Texas, says he was denied a permit to slaughter chickens and sometimes goats.
The lawsuit says that the animals are killed quickly and humanely and that the meat is eaten. The blood sacrifice is necessary for initiating new members, consecrating sacred shells and healing rituals, the lawsuit states.
"Santeria cannot continue to function, much less exist, without animal sacrifice," Merced wrote in an affidavit to the U.S. Northern District Court of Texas.
Euless City Attorney Bob McFarland said the city had no knowledge of the lawsuit.
According to the city's Web site, it is unlawful to slaughter or keep animals for the purpose of slaughtering in Euless.
It is also illegal to keep goats and other livestock within 100 feet of any residential building on adjacent property, or to keep livestock on less than half an acre, the site states.
The lawsuit, which names Euless building official Kurt Kasson, Police Chief Bob Freeman and Director of Planning and Development Mike Collins, seeks a permanent injunction to prevent the city from enforcing the ordinances.
The suit alleges that a police officer and an animal control officer, who were alerted by a neighbor, came to Merced's home May 4. They told Merced and 10 of his church members that a religious ceremony scheduled for the following day at Merced's house would be illegal. No animals were at the house, and the officer told Merced to consult city officials before conducting any sacrifice, Merced said in an interview Wednesday.
On June 21, a Santeria priest from Puerto Rico met with Kasson, who referred him to Collins. The priest was in town for another ceremony at Merced's house, and the city again refused to issue a permit.
The lawsuit contends that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 and the Texas Freedom of Religion Act.
According to Merced, Santeria originated in Nigeria and is a combination of religious traditions. It arrived in Cuba with African slaves and entered the United States with refugees from the Cuban Revolution, Merced said.
The belief is a combination of the traditional Yoruba faith and the worship of Roman Catholic saints, according to the lawsuit.
Merced, who owns three properties in Euless and has lived there since 1990, was initiated as a priest in 1979, he said. Police have been called to his home by neighbors three times about the rituals, and when they see cars at his home "even for birthday parties," he said.
In an affidavit attached to the lawsuit, Merced wrote: "We do not want to break the law, and yet we are entitled to practice our religion."
