By Michael Gryboski, Editor Monday, September 22, 2025Cara Ediger visits the makeshift memorial for Charlie Kirk outside the headquarters of Turning Point USA on Sept. 19, 2025, in Phoenix, Arizona. Kirk, the CEO and co-founder of TPUSA, was shot and killed on Sept. 10 while speaking at an event for his “American Comeback Tour” at Utah Valley University. | Joe Raedle/Getty ImagesA Tennessee city is denying allegations that it discriminated against a resident who wanted to hold a prayer vigil for slain conservative political activist Charlie Kirk.Morristown City Administrator Andrew Ellard released a response last Thursday refuting the accusation that city officials had wrongfully rejected a request to hold a vigil for Kirk at a downtown location. At issue was a request from resident Brad Tumey to have a vigil held at Morristown’s downtown green space, which was often used for other outdoor gatherings, including a farmer’s market.According to Ellard, the resident failed to correctly fill out the event application, with his requested date falling at the same time as a farmer’s market that was already approved for the timeslot.Ellard also noted that while City Ordinance Section 9-204 prohibited “political or religious activities” at the Farmer’s Market and Downtown Green, such activities were allowed at other local outdoor public spaces.“The city has ample alternative locations for such a public forum. The city is allowed to regulate how, when, and where certain activities occur to ensure public order and safety,” wrote Ellard.“The city has more than 15 park facilities, one of which is less than 1,000 feet away from the Downtown Green and includes an amphitheater. There are also 2-3 other parks within a mile that would afford ample space for a gathering such as the one Mr. Tumey has requested.”Ellard went on to describe the claim that Morristown “does not permit religious activities or prayer within public places” as “completely false,” citing examples to the contrary.“The City Plaza and City Center rotunda is often used for prayer services. A prayer is said inside the city council chambers prior to the start of every City Council meeting,” he continued.“The National Day of Prayer is held on the courthouse lawn. In fact, a vigil is scheduled for Wednesday, September 24th at the courthouse to grieve and honor the recent events that have had such an impact on our nation.” Last week, Morristown received a complaint letter from the First Liberty Institute (FLI), a conservative legal group, written on behalf of Tumey in response to the vigil event request being denied.FLI Senior Counsel Nathan K. Kellum addressed the letter to Ellard, Mayor Gary Chesney, and City Attorney Lauren Caroll, taking issue with the city ordinance prohibiting religious practices at the downtown space.“The city’s categorical ban on all religious expression is an unconstitutional restriction on Tumey’s right to freedom of speech. Speech on religious topics receives full constitutional shielding,” wrote Kellum.“The city has no legitimate interest in categorically denying all religious activity, including Tumey’s planned prayer vigil, in a downtown park, nor is such a ban narrowly tailored.”Kellum also wrote that city officials have “no legitimate, much less compelling, interest to justify banishing all religious activity from the downtown green despite permitting other public and private gatherings to occur there.”“Nor can a categorical ban on all religious activity — regardless of the size of the group or the nature of the activity — be the least restrictive means for addressing appropriate concerns,” Kellum added.“… the city’s blanket ban on all religious activity in its downtown green, including Tumey’s request to host a public prayer vigil in honor of Charlie Kirk, violates his First Amendment speech and free exercise rights, as well as state law.” Follow Michael Gryboski on Twitter or Facebook
City denies discrimination claim for denying Charlie Kirk vigil
