HIGH COURT RULING AWAITED WILL JUSTICES HEAR ARGUMENTS ON UPHOLDING BAN ON MEETING PRAYERS?

Byline: Susan Abram Staff Writer

The U.S. Supreme Court was scheduled Thursday to review a petition submitted by the city, seeking to overturn a ban on religious prayers at Burbank City Hall.

The justices were expected to decide by Monday whether they will hear arguments in the case.

The city submitted its petition in March, months after the California Supreme Court declined to review a decision by a lower court that prohibits the Burbank City Council from beginning its public meetings with sectarian prayers.

Since then, 80 cities and the International Municipal Lawyers Association joined in filing friend-of-the-court briefs supporting Burbank's argument that the court ruling violates its First Amendment rights.

The original suit was filed by Jewish Defense League leader Irv Rubin, who died in November, and activist Roberto Gandara after a minister delivered a prayer invoking the name of Jesus Christ before a council meeting in November 1999.

The plaintiffs' attorney, Roger Jon Diamond, said if the justices decide against hearing the case, the lower court ruling would be binding on all cities and counties statewide.

``I have mixed emotions of whether the Supreme Court will hear it or not,'' Diamond said. ``If the Supreme Court takes the case, it can be overturned. If they affirm it, it makes it all a law.''

Diamond also said Rubin's death may play a factor in the justices' decision on whether to hear the case.

Rubin, the former head of the Jewish Defense League, died last year while in federal custody awaiting trial on charges that he conspired to blow up a mosque in Culver City.

Rubin's widow, Shelley, is interested in pursuing the case, Diamond said.

``I don't blame the city of Burbank for doing this,'' Diamond said. ``I think it's an interesting legal issue.''

Burbank's City Council has begun its meetings with an invocation by a member of a nondenominational ministerial association since 1953.

The city has said the decision encroaches on its freedom of speech.

``The legislative prayer issue hasn't been discussed since 1983,'' said city Chief Assistant Attorney Juli Scott. ``If they grant it, then it's obviously significant.''

The last time the city sought a federal ruling was more about 30 years ago with a case known as Burbank People vs. Leon, Scott said.

The city itself wasn't a party in the case, but it involved Burbank police officers defending what they believed was their right to use a search warrant. The Supreme Court's ruling was in favor of law enforcement.

Burbank has spent about $10,000 in legal fees to fight the prayer ban. If the justices hear the case and decide in favor of the plaintiffs, it would have to pay Diamond's legal fees, which total about $20,000, Scott said.