Lawsuit says Pawtucket favors parochial schools
Published: October 14, 2009
Updated: October 14, 2009
PROVIDENCE—The city of Pawtucket unfairly reserves public playing fields for students at parochial schools, according to a lawsuit filed Wednesday by seven parents and their children.
The federal lawsuit, filed on behalf of the families by the state branch of the American Civil Liberties Union, says the city reserved a public field for exclusive use by St. Raphael Academy - which is operated by the Roman Catholic Diocese of Providence - during weekday afternoons this fall.
A public junior high school sought access to the same field for its boys and girls soccer teams, but that request was denied, according to the lawsuit. Other fields have been similarly reserved solely for St. Raphael and Bishop Keough, another Catholic high school operated by the diocese, the lawsuit states.
“It’s fundamentally unfair to see public taxpayer-funded fields being used to give preference to private religious schools instead of public school students,“ said Steven Brown, executive director of the state ACLU chapter. “It’s clearly improper under the First Amendment and an absolutely incomprehensible policy for a city to be implementing.“
Pawtucket Parks and Recreation Superintendent William Mulholland, who is named as a defendant and is responsible for granting access to the fields, deferred comment to City Solicitor Margaret Lynch-Gadaleta.
She denied that the city gives preferential treatment to religious schools but wouldn’t comment on the specifics of the lawsuit because she hadn’t seen it.
The city has no written policy on the use of city-owned athletic fields, according to the ACLU, which says the lack of oversight allows discrimination to occur.
The lawsuit seeks a court order that would declare the city’s actions unconstitutional and permanently bar it from favoring private parochial schools over public ones.
The plaintiffs are all parents of public school children in the city.
The lawsuit says the city last year withdrew an exclusive permit issued to St. Raphael after it was threatened with a lawsuit but restored the permit for the current school year.
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Reader Reactions
Whoa there Plantegraffix, where the heck did I say that Saints was a victim?? All I said was that Saints was NOT the one being sued, the city is. Saints is just using something that they have been allowed to. If it changes, it changes. They did use a “less desirable” (your words, not mine) field all of last year. They used the field that the city allowed them to use. As far as elitist, we have sacrificed a lot to send our kids to better schools, but if the option disappeared tomorrow, what choice would many parents have? Honestly, after my experiences with Fallon and Goff, I would home school first. Again, that would be my choice. My comments have not been elitist, unless stating the truth about the schools in Pawtucket is elitist. Look up the latest proficiency results if you think that I am lying about that.
As far as them unlocking the gate, since I don’t know if that is even the truth, I can only speculate. Perhaps Saints came and opened the gate because it was the most expedient thing to do, being right down the street. Perhaps they would have waited all day for the city to come do it.
Simba, I can’t help but wonder if I know you. Saints is a pretty close family. Half of the new building was an endowment, the rest came from our fundraisers and donations.
HB…..dothe kids that don’t live in the city pay to use the skate park, that we as pawtucket resident paid for, do people from outside the city pay to use Slater park??? I can keep going if you want me..but it’s not even worth it
Plantegraffix
exactly…..it’s about you was the permit given to first, if it was given to Saint Rays, then they have the right to use, it’s because they reserved the field first… like at Slater park you reserve your area, saints reserve the field…case closed….
But this goes far behind this one field….Last year Maggie was complaining about all fields, she complaint about the tennis courts in Pawtucket, so Saints had to reschedule their games and practice, given the public schools first choice… but that was not enough…she needed to keep going…... all I have to say is : I still think it will result in another law suit: by the tax payers( like myself) whose kids attend private schools and are not being allowed access to city property.
Simba, I don’t know how anyone associated with SRA could possibly be upset with any of this. They have gotten free use of public fields for more than 4 decades. They continue to be given access to playing fields. So what if they have to take a bus and use a facility that might be in another part of the city. They should be very thankful for the generosity of the city even though they have been violating separation of church and state laws. No one is being denied fields; its just that they have to use fields that aren’t quite as desirable. Can you name me another private school in this state that plays or practices on public facilities? I know of no other school that has been afforded this privilige. My understanding is that approximately 40% of SRA students live outside of Pawtucket. Does this mean they don’t pay taxes and therefore should not use Pawtucket fields? Maybe they should pay a fee equal to the percentage of non-Pawtucket students.
HB…first read all the comments then reply…I was not the first to imply that it sour grapes on Maggie’s Part…second yes I do indeed know Brown, I graduated from there, My oldest son a graduate of Saint Rays also attends Brown… and as far as the New Gym is Concern, it did NOT come from Pawtucket tax payers money, that came from tuition money…mine and other parents, so when Tolman, Shea and Jenks students decide to pay for it, then maybe they can use it
Simba,you’ve said a lot of dumb things in your posts today, but the most laughable has to be the reference that implies that there are perhaps sour grapes on Maggie’s part because her children couldn’t get into St. Ray’s. For yor information, her son is a full time student at Brown (that’s an Ivy League school by the way) and was the valedictorian of his high school class. Her other child is currently ranked #1 in her high school class. So please have a clue. By the way when do Tolman, Shea, Jenks, Goff, etc. begin to book basketball games in the brand new gym at Saints? One additional note, my children have attended Catholic schools for their entire educational career, including college!
Plantegraffix
I know they are tax exempt…. I choose to send my children there, no one forced me to do …. And as alkeryia, stated there are many properties around the city that are tax exempt, on the street that I live, there is a small home, that is being use as a care facility, is a private facility, tax exempt, if you look it up not even their address shows up in town hall records, but the city still collets their trash, the firefighters still respond to the fire alarm, when it goes off. And so forth … Keep in mind, this is a PRIVATE facility , on a residential st. (by the country club) …. so YES this would be a total different can of worms that we would open up…..Let’s tax saints for their properties and then tax all the other properties in the city that are tax exempt..
Simba, you are missing the point completely… Why is someone from Saints unlocking the field??? And it is not a case of Saints getting there first, it is a case of the city giving it to them first. The permit was applied for at the beginning of the year and was denied because, we were told, “St. Rays uses that field” How is this fair to the other schools in the city?
Basically what this posting area has proven is that if you have children in or you have gone to St. Rays you are appauled that something that has been granted to you is being taken away.
If you have nothing to do with St. Rays you think that they are being given something because they have a lot of money backing them by the school and by the alumni. Again, the little person or the poor get screwed.
I am neither, but find it interesting on how these arguments closely mirror this past Presidential Election or the differences in the Political Parties…
that’s why the city build the new complex, it was for the children to use it. if it was not safe, then they should not have wasted taxpayers money…
in regards to the use of the field and being reserved, it’s like that all over the city, you want to go and take pictures at Slater park, you need to reserve the space, and if someone reserves it before you, it doesn’t matter if they live in the city or not, they get it first, which is the way it should be, or should I sue the city and the people that reserved the space, because they did it before me, and now I can not use if myself…. it’s call first come first served. if Saints reserved the field at the beginning of the year for the whole year then they have the rights to the field, if Agnes decides at the end of the school year that they want to use it, then of course, they should be turned down, at least Saints came and open the field, they could have said, sorry, we reserved the field, we are using it.
It’s all about REVENGE… all about DEAR OLD MAGGIE…..
If she needs something to get involved, there are a lot of soup kitchens that would be glad to have her volunteer, She can speak to me, I can direct her to the one I volunteer.
Alkeryia, I have nothing personal against St. Rays. My problem is that the posts here have been with an eletest attitude (taking your kids out of private school and enrolling them in public school, you and I both know that was not going to happen.) and are claiming that St. Ray’s have been the victims all along, which is not the truth. My point is that it should be fair for all the schools in the city to use the fields. One school should not get priority over another as it has been for years.
As for the unlocking of the gate last year… That is true, I was there.
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