In December, U. S. District Judge Leigh Martin May partly sided with the city, saying that concerns about Cochran’s ability to lead seemed to be legitimate.
“Because Plaintiff expressed his opinion that the death of all individuals who engage in homosexual and extramarital sex would be celebrated, it was not unreasonable for the City to fear public erosion of trust in the Fire Department,” May wrote.
But May also said that city rules requiring Cochran to obtain the permission of the city’s ethics board before publishing his book were unconstitutional.
“This policy would prevent an employee from writing and selling a book on golf or badminton on his own time and, without prior approval, would subject him to firing,” May wrote. “It is unclear to the Court how such an outside employment would ever affect the City’s ability to function, and the City provides no evidence to justify it.”
After meeting in executive session on Monday, the council approved a resolution settling the lawsuit with a 11-3 vote. The resolution says that the $1.2 million includes Cochran's attorneys fees.
“We believe that the settlement sends a strong message throughout Atlanta and the rest of the country that the government cannot require its permission in advance for someone to speak about their faith on their own time,” said Alliance Defending Freedom Senior Counsel, David Cortman in statement Tuesday. “The First Amendment provides the only permission necessary.”
Reed, in a statement, said the he regretted the council’s decision to approve Cochran’s settlement.
“I believed, and continue to believe, that his actions, decisions, and lack of judgment undermined his ability to effectively manage a large, diverse workforce,” Reed said. “At a time when civil rights, human rights and inclusion are under attack both locally and nationally, this decision sends the wrong message to individuals in the LGBTQ community and to all Atlantans.”