Federal judge dismisses suit by Air Force critic

ALBUQUERQUE, New Mexico — A federal judge in New Mexico has dismissed a lawsuit by an Air Force veteran who charged that the Air Force was unconstitutionally permitting evangelism by Christians at the Air Force Academy in Colorado Springs, Colo.

Senior U.S. District Judge James A. Parker of Albuquerque ruled Oct. 27 that Mikey Weinstein and other plaintiffs did not provide sufficient information to substantiate their claims against the military academy. "Plaintiffs never allege a personal link or connection to any alleged future Establishment Clause violations," Parker wrote in a 16-page decision. "Without that personal link or connection to future misconduct, plaintiffs have simply not shown that they will suffer an injury in fact that is both concrete and particularized and actual or imminent."

In his court filing, Weinstein had pointed to a statement by Brig. Gen. Cecil R. Richardson, the Air Force’s deputy chief of chaplains, in which he was quoted as telling The New York Times: "We will not proselytize but we reserve the right to evangelize the unchurched." The judge said Weinstein and others filing the suit did not explain how they were "personally affected" by the statement.

The Air Force welcomed the decision.

"We believe Air Force Academy officials performed properly, and this litigation is one important step in the judicial recognition of that," said Dewey Mitchell, an Air Force spokesman.