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Other city officials remain defendants in the suit, which contends they selectively enforced a zoning ordinance against the Wiccan Church of the Iron Oak.
The Revs. Jacque Zaleski and Roger Coleman claim more conventional churches were allowed to conduct home worship while Wiccans were harassed because of their unorthodox beliefs. The Iron Oak congregation follows ancient European pagan traditions that predate Christianity and hold a belief in the magic of changing attitudes. They worship a Mother Goddess and believe the deity resides in people and nature.
The couple's attorney, Burton Green, will remove code enforcement from the lawsuit, which was filed in October, after the board signs a release agreeing not to countersue, Zaleski said. The board ruled in November that the couple did not violate an ordinance forbidding the operation of a church in a residential area without a special permit.
Zaleski is attempting to recoup more than $22,000 in legal fees her church spent fighting the zoning battle. She accused City Manager Mike Abels of trying to run the Wiccans out of town.
"He used Big Brother techniques," she said. "It's inappropriate for anyone to be treated the way we were treated."
Assistant City Manager Bob Nanni said: "I don't see where we spent any more time with the Wiccans than we would with any other complaints."
The federal court date is tentatively set for December.
Last weekend, the Wiccans held their first outdoor ceremony at Zaleski's house since winning the hearing, holding an Imbolc festival that celebrates the lengthening of the days. For the first time in months, no observers from the city were watching, Zaleski said.
The Church of the Iron Oak has raised almost $8,000 to help pay legal expenses.
The Wiccans have even recorded a song that details their recent legal battle. Sung to the tune of "Me and Bobbie McGee," Lady Bridget's "Iron Oak Freedom Song" includes the lyrics:
"If you sing a Goddess song, Palm Bay City says you're wrong,
"And they're going to have you taken away."