( CNN ) -- Two Florida school administrators face contempt charges and possible prison time for saying a prayer at a school luncheon . Pace High School enacted a decree in January banning officials from promoting religion at school events . Frank Lay , principal of Pace High School , and Athletic Director Robert Freeman are accused of violating a consent decree banning employees of Santa Rosa County schools from endorsing religion . They face a non-jury trial September 17 before U.S. District Judge Casey Rodgers . The statute under which they are charged carries a maximum penalty of up to six months in prison , subject to sentencing guidelines . Attorneys defending Lay and Freeman call it outrageous that the two are being prosecuted for `` a simple prayer . '' But the American Civil Liberties Union , whose lawsuit led to the consent decree , maintains that students have a right to be free from administrators foisting their religious beliefs on them . Still , an ACLU representative said the organization never suggested that people should go to jail for violating the decree . Watch why lawyer thinks men did nothing wrong » . The ACLU filed suit last year against the district on behalf of two Pace students who alleged that `` school officials regularly promoted religion and led prayers at school events , '' according to an ACLU statement . Both parties approved the consent decree put in place January 9 , under which district and school officials are `` permanently prohibited from promoting , advancing , endorsing , participating in or causing prayers during or in conjunction with school events , '' the ACLU said . Lay was a party in the initial lawsuit , and his attorney was among those approving the consent decree , according to the organization . In addition , the court required that all district employees receive a copy . On January 28 , `` Lay asked Freeman to offer a prayer of blessing during a school-day luncheon for the dedication of a new fieldhouse at Pace High School , '' according to court documents . `` Freeman complied with the request and offered the prayer at the event . It appears this was a school-sponsored event attended by students , faculty and community members . '' Attorneys from Liberty Counsel , a conservative legal group helping defend Lay and Freeman , said in a written statement that attendees included booster club members and other adults who helped the field house project , all `` consenting adults . '' In a February 4 letter to district Superintendent Tim Wyrosdick in which Lay acknowledged the incident , he said that although past football booster club members `` and other adults associated with the school system '' were at the luncheon , culinary class students were in charge of food preparation and serving . Lay wrote that he asked Freeman to bless the food `` for the adults . ... I take full responsibility for this action . My actions were overt and not meant to circumvent any court order or constitutional mandate . '' In response , Wyrosdick noted in a letter to Lay that in a meeting , the principal had admitted that `` you are , and were at the date of this incident , aware of the court injunction and aware that this type of action is not permissible under the injunction . '' Wyrosdick recounted telling Lay that the prayer was not appropriate . `` This note is to share with you written instructions to avoid this type of action , '' the superintendent said . Both letters are in the public court file . `` It is a sad day in America when school officials are criminally prosecuted for a prayer over a meal , '' said Mathew Staver , founder of Liberty Counsel and dean of the law school at Liberty University , founded by the late Rev . Jerry Falwell . `` It is outrageous and an offense to the First Amendment to punish a school official for a simple prayer . '' Liberty Counsel said it is challenging the consent decree , maintaining that it `` unconstitutionally infringes on the rights of teachers , administrators and students . '' The ACLU , according to the Liberty Counsel statement , has begun `` to go against individual employees . '' The organization said that neither man `` willfully violated any orders of the court . '' `` We 're not going after individuals , '' said Glenn Katon , director of the Religious Freedom Project for the ACLU of Florida . `` We 're just trying to make sure that school employees comply with the court order . '' The ACLU did not request the criminal contempt charges against Lay and Freeman , he said ; the judge initiated them after seeing a reference to the incident in a motion . And the ACLU is not involved in the criminal proceedings , he said . `` We certainly never suggested that anyone go to jail , '' Katon said . Lay is not facing jail time for praying , he said , but for violating a court order . `` The moral of this story is , for us , this is about the students ' right to be free from teachers and school administrators thrusting upon the students their religious beliefs , '' Katon said . `` They keep talking about the religious rights of the administrators , but the administrators and the principals do n't have any right to trumpet their religious beliefs in a school setting . '' Neither Lay nor Freeman has been placed on leave , according to the school district . Pace is about 10 miles north of Pensacola , Florida .
Attorneys : It 's troubling that officials are being prosecuted for `` simple prayer '' School 's principal , athletic director could be jailed for six months . ACLU says it supports prayer ban but never suggested officials should be jailed . Principal acknowledges requesting prayer but did n't mean to circumvent court order .