Scituate Church Fight Continues Before Appeals Judge
BOSTON (AP) — Parishioners illegally occupying a long-closed Roman Catholic church had their day in court Wednesday as the Archdiocese of Boston seeks to evict them.
State Appeals Court Judge Judd Carhart heard arguments from the archdiocese and the protest group, the Friends of St. Frances X. Cabrini Church, as the group seeks to remain in the Scituate church while they appeal a lower court ruling that ordered them to vacate earlier this month.
In a brief hearing packed with protesters and their supporters, the group's lawyer argued that the lower court judge made "several" and "consistent" legal errors in reaching his decision.
But the archdiocese opposed the request, asserting the organization's rights as property owners and citing the cost of maintaining the building while it's been illegally occupied.
"We have all the liability becoming of a property owner. We're carrying all the expenses," said William Dailey, the archdiocese lawyer.
The protesters have "no right to be there," he said. "They knew from the moment they stepped in there that they were trespassers and could be arrested at any time."
Judge Carhart took the arguments under advisement and said he'd rule later on the request.
The group is the last of a number of church occupations that popped up when the archdiocese decided to close dozens of Boston-area churches in 2004 in an attempt to stabilize its finances.
The protesters have occupied St. Frances Cabrini Church around-the-clock ever since, with at least one person at all times holding vigil in the now-deconsecrated building.
The protesters say they want the archdiocese to either restore their parish's standing or purchase the building outright and are willing to negotiate.
The church sits on acres of prime, largely undeveloped real estate overlooking Massachusetts Bay near Cape Cod.
They say their fight is not only about protecting the rights of Catholics to worship in churches they've known their whole lives, but also a stand against the clergy sex abuse scandal that rocked the Boston-area before expanding nationally and globally.
After the hearing, a few protesters expressed little hope that the courts would side in their favor.
But even if they lost the appeal, they said the long fight was not in vain.
"People all across the world now know how this church treats its parishioners," said Terry McDonough. "It's not right."
In court, Dailey, the archdiocese lawyer, argued that there would be "absolutely no harm" to protesters if they end their occupation while the appeal is decided.
He promised the archdiocese has "no intent" of selling or razing the property while the appeal is pending.
Dailey said the organization is even willing to uphold that promise if the Supreme Judicial Court, Massachusetts' highest state court, decides to take the case.
Protesters after the hearing, however, said that promise wasn't reassuring. They said they are more concerned the building will fall into disrepair if they leave.
Jon Rogers, one of the lead organizers, notes that on top of roughly $100,000 in legal costs, they've also had to spend thousands of dollars more on routine upkeep and major repairs to the church building that the archdiocese has failed to do.
WBZ NewsRadio 1030's Doug Cope reports
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