The attorney who wants cities to stop praying in public meetings hopes he can keep the issue from being appealed by proving Salt Lake City should have paid a $150 filing fee.

Attorney Brian Barnard said Thursday he thinks the city made a huge tactical error in a case with far-reaching implications."Here we have an important case, and in order to save $150, (city attorney Roger) Cutler decides to open this can of worms," Barnard said. "Why do something sloppy to save $150?"

Earlier this year, Third District Judge J. Dennis Frederick ruled that prayers at city council meetings violate the state constitution's section on the separation of church and state. Barnard had filed suit on behalf of a group known as the Society of Separationists, who were upset that the council opened each meeting with a prayer.

The Salt Lake City Council voted to appeal the case, which could affect all Utah cities.

Cutler said state law exempts cities from paying filing fees for appeals. Barnard agreed but said he isn't suing the city. He's suing individual council members.

"There is no legal entity known as the Salt Lake City Council," he said.

Cutler says council members were sued because they are council members representing Salt Lake City. Therefore, they should not pay the fee.

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Barnard has filed a motion to dismiss the case.

Meanwhile, the attorneys also are fighting over whether the court should accept a sworn statement from a University of Utah professor who said prayers, by definition, can't be secular.

The Society of Separationists is hoping to use philosophy professor William Whisner's testimony to show that the council's attempts to allow secular, or non-denominational, prayers is irrelevant.

Cutler has asked the court to dismiss the testimony.

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