Star-Telegram - Court won't rehear Euless animal-sacrifice case EULESS — A federal appeals court has rejected Euless’ request for a rehearing on a decision that paves the way for a Santeria priest to resume sacrificing animals in his home during religious ceremonies.
Jose Merced sued Euless, saying his First Amendment religious freedoms were violated when the city banned him from slaughtering goats in 2006.
The city contended that such sacrifices jeopardized public health and violated slaughterhouse and animal-cruelty ordinances.
U.S. District Judge John McBryde sided with the city last year and dismissed Merced’s claims.
But the 5th U.S. Circuit Court of Appeals overturned his ruling last month.
Lori Windham, Merced’s attorney, said she and her client are pleased with the federal appeals court’s decision Friday.
"We are happy to see once again the circuit vindicated Mr. Merced’s right to religious freedom," Windham said.
"No judge on the circuit wanted to hear the case again, and it sounds like the matter is settled."
Euless’ attorney, William "Mick" McKamie, is confident that the City Council will exhaust all legal remedies.
"It is extremely disappointing, but the City Council of Euless will take whatever action is necessary to protect the public health of its residents," he said.
In 2006, Euless police, acting on a tip, went to Merced’s home, where he and 10 other church members were preparing for a religious ceremony that included animal sacrifice.
Police told Merced that he could not conduct the sacrifice.
The city then declined to issue Merced a permit to conduct further ceremonies, citing rules against animal cruelty, keeping livestock and disposing of animal waste.
In 2007, city officials tried to compromise, allowing Merced to sacrifice chickens, which is allowed under the ordinance, but not goats.
Merced rejected the deal.
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