FARGO, N.D. (AP) — A judge has upheld a restraining order barring an autistic boy from attending a northern Minnesota church. His mother said she would continue the legal fight. Todd County District Judge Sally Ireland Robertson said the behavior of 13-year-old Adam Race during services at the Church of St. Joseph was "repeated, unwanted and intrusive," and said the Bertha church was justified in keeping him out.
"In determining the narrow fact and legal issues properly before it, the court has found that harassment has occurred as that term is defined in the Minnesota statute," Robertson wrote.
Adam's mother, Carol Race, said she was disappointed and would consult an attorney before deciding her next step. She represented herself at a hearing she requested to protest the restraining order.
"I thought it would be possible I would lose on some things, but I'm surprised that so many of the points in the judgment were based on hearsay," Race said, referring to the testimony of the Rev. Daniel Walz, the parish priest.
Jane Marrin, who works for the Diocese of St. Cloud and is acting as a spokeswoman for the parish, said the church is willing to continue mediation in the case. The parties have met once, but no further discussions are scheduled.
"That is something we would support," Marrin said.
Race said she's open to another meeting, but not optimistic that it would lead to a solution.
In requesting the restraining order, Walz said Adam has become disruptive and dangerous to parishioners as he's grown older. The boy is more than 6 feet tall and weighs more than 225 pounds, and has nearly knocked over people, Walz wrote. The complaint said Adam makes nonverbal noises, urinates because of incontinence, and needs to be restrained by having his hands or feet bound together with fleece ties.
Carol Race said many of those claims were exaggerated, and said Adam's distractions were not unusual.
"Though respondent Carol Race believes that the intrusive distraction caused by her son's behavior in church is no different from that of a crying baby or any other incontinent adult, the court cannot and does not agree," the judge said.
Race, who questioned Walz for more than hour during the hearing, said many of the priest's complaints were based on reports from others and should not be considered. Robertson said the evidence was credible.
"While it is true that Father Walz testified he did not personally observe every instance of the conduct included in the petition, he did observe several of them and believed in good faith the reports of other parishioners' observations," Robertson wrote.
Marrin said the church requested the restraining order solely for the safety of its members.
"I think Father Walz and the lay leaders and the parish council needed to do what was in the best interest of everyone," Marrin said.
Robertson said the ruling does not bar the rest of the Race family from attending church, and urged both parties to seek a compromise.
"Clearly, this is a difficult and challenging situation for all concerned," the judge wrote.
Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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I think it is disgusting that a church should be allowed to ban someone from going to church just for being DISABLED. At school I regularly got banned from going on trips with school due to also being Autistic, however now that I've grown up I've got a severe resentment now towards Lymm High School's attitude towards me, on top of that in 2005 I also got banned from going to Eurojam by The Scout Association, because my "temper tantrums" I sometimes get with Autism might be "embarrassing" for the Scout Association with all the media presence. What would have been far more embarrassing would have been if I'd have gone to the press about them breaking the Disability Discrimination Act when the Scouts were all going through a promotion of "One World One Promise", and trying to promote equality between everyone (everyone that isn't autistic that is!) (the only thing I can say is that they did allow me to go to another camp that year, that also had a large media presence - Peak 2005 - so what was the point apart from to really hurt my feelings!). After this happening though the scouts did give me permission to go to the World Scout Jamboree and were all over me, apologising for their appalling behaviour. Sadly it's too late for that now, I really can't ever trust Cheshire Scouts ever again after treating me like this. Everyone has a right to attend what they want to and if they have disabilities that might affect them then the people around should be more aware and show respect, not ban them from doing it. On top of this I'm also incontinent, does that mean that I'm not allowed in a church either, surely if the child wears nappies then there should be no issue here.
Apparently, there have been complaints from church members about the boy and a Priest has observed the boys behavior. Now, legally speaking, if the boy were to have an accident or something and/or injure a small child in the church - who do you think would be considered to be responsible? Who do you think would run a very serious risk of being dragged into court for not providing a safe environment for church members to worship? The question would then be whether the hypothetical injuries to another church member by the boy were forseeable based on his past reported and observed behavior. The answer would be "Yes" and therefore the church could be held liable for NOT taking action. The church has/had no choice in this matter due to the sue-happy Christians in the "USO" (United States of the Offended).
Chicago24: Your idea is nice but I am 99.999% sure it is impractical for a multitude of reasons.
Yes, it is a sad situation.
wrhalver- that's a difficult call. There are similarities between some types of Autism and demon possession. The Autism Spectum as it's called covers quite a bit of ground.
Still, the public schools would put this child in a self contained classroom and rightly so (from what I've read). There are safety concerns as well as sanitation concerns.
Unfortunately, many times parents do not want to admit to the depth of their child's disability. This 'denial' is the real problem here.
This is why our church has a Sunday School class for special needs children of all types and has trained people in the classroom. Of course, we have about 7000 people in our church. We are starting a program for the Autistic in the community specifically to reach out to these families both at church and away from church. Having an Autistic child can be a full-time job for both parents!
Does anybody know if it is in God's will that the boy be healed?
Maybe this really some kind of demonic activity and nobody knows how to come against it?
Or do we just leave this one to the Associated Press to make the church look bad?
"Perhaps even a church that is dealing with issues like this already and are equipped to effectively minister to this boy and his family. "
You hit the nail right on the head. This was a small church that is NOT equipt to take care of an individual with that level of difficulty.
The same child in the public school would require a special setting with specially trained staff. His situation was very complex to say the least. It is NOT SAFE for him or anyone else for him to be in that setting without the specially trained people and facilities to go along with it.
It is unfortunate many churches (esp. small ones like this) do not have the resources ($$$) to provide these services.
As you know, I work with child placements with parents in the public school setting as a volunteer. The placement the parent wanted (in the service) was simply not an appropriate (realistic) placement for a person with this level of disability.
Mk 5:2 (GW) As Jesus stepped out of the boat, a man came out of the tombs and met him. The man was controlled by an evil spirit 3 and lived among the tombs. No one could restrain him any longer, not even with a chain. 4 He had often been chained hand and foot. However, he snapped the chains off his hands and broke the chains from his feet. No one could control him. 5 Night and day he was among the tombs and on the mountainsides screaming and cutting himself with stones. Mark 5:2-5 (GW)
Jesus let them do this. The evil spirits came out of the man and went into the pigs. The herd of about two thousand pigs rushed down the cliff into the sea and drowned. Mark 5:13 (GW)
For a church that once practiced exorcism to come to this point is sad. When a church looses its power to save the afflicted it has become worthless and of no more value then a social club where only the best and the socially acceptable may join.
All who were afflicted where healed when they came to Jesus. Perhaps we should pray more and sue less?
So sad for all involved. May God bless them and provide them comfort in this difficult time.
Hopefully other churches in the area will rise up to offer this family a place where they can come and worship God and be a part of God's family. Perhaps even a church that is dealing with issues like this already and are equipped to effectively minister to this boy and his family.
That this ever went to court is sad. Surely, a compromise could have been reached. What about providing a place at church for the person away from worship but allowing him to be there with others ministering to him and allowing him to attend all other activities where he doesn't create a severe distraction. Surely we don't need Caesar's courts to tell us what to do in such situations.
Chicago24: Great idea! Take the "church" to the people!
If I were the priest in that parish, I would offer to perform mass in the family's home. Most parishoners would gladly accept that and it could possibly be a very significant means of compromise, reconciliation, and healing.
My first response is what would Jesus do? Secondly, it is clear in the scriptures that one Christian should not take another Christian to court but settle these matters outside the legal system. There has to be a compromise here that will be acceptable to both parties - I pray the Lord will provide the answer and they will all have ears to listen. There are unbelievers watching this situation - may God be glorified! :-)
very sad all the way around