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Autism Vox

Judge Upholds Restraining Order Barring Adam Race From Attending St. Joseph’s Parish

by Kristina Chew, PhD on July 1st, 2008

A judge has upheld the restraining order barring 13-year-old Adam Race from attending church in St. Joseph’s parish in Bertha, Minnesota. From KSAX:

Todd County District Judge Sally Ireland Robertson says 13-year-old Adam Race engaged in “repeated harassment” while attending services at the Church of St. Joseph.

Robertson says Adam’s family has been unable to prevent him from disrupting church services.

The ruling on Monday follows a hearing last week that Adam’s mother had requested to protest the restraining order. Carol Race says many of the claims in the restraining order are not true.

I’m not sure that “repeated harassment” is quite the right phrase: While Adam’s behavior in church may have made (did make) others uncomfortable and then some, “harassment” implies a certain kind of intentionality, and it’s not clear if such was the case.

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11 opinions for Judge Upholds Restraining Order Barring Adam Race From Attending St. Joseph’s Parish

  • C. S. Wyatt
    Jul 2, 2008 at 12:11 am

    The judge apparently read discovery interviews with members of the parish and concluded the following:

    [Judge] Robertson said that even though Adam “did not specifically intend to harass anyone,” his conduct at church services was “objectively unreasonable” and included “repeated, disruptive or distracting acts, sounds, and gestures.”

    There are 122 comments (a lot) on the STrib pages — usually a quiet place. Other local blog spaces are also quite active.

    The judge also found the church offered several alternatives and at least three mediation meetings the mother declined. The USA Today article adds this quote:

    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.

    Clearly, something is not being completely reported. Why did the mother refuse some of the mediation appointments? Were they inconvenient times? Was there something else involved? And why was the one meeting, at which alternative service (in-house) was offered, inconclusive?

    Just some questions…

  • Kristina Chew, PhD
    Jul 2, 2008 at 12:20 am

    Good questions…….

  • Daisy
    Jul 2, 2008 at 1:35 pm

    Good questions. If she had good reason to turn down the mediations, it might give the church cause to start over in working with her.

  • Redtown
    Jul 4, 2008 at 12:55 pm

    This isn’t just a kid making a few noises in church.

    According to a previous AP story, “Adam struck a child during mass, nearly knocks elderly parishioners over, spits and sometimes urinates in church, and fights when he is being restrained. He also assaulted a girl by pulling her onto his lap and started up two cars in the parking lot. There were people who could have been injured or killed.” His own parents cannot physically control him.

    The priest has, in fact, offered the family home Masses and use of the church library with closed-circuit TV. Carol Race refuses both.

    Carol Race’s response in the Star Tribune is most telling: “I totally understand that the church environment in this case has to be safe. But the bottom line is one out of 150 births includes an autistic child and as a society we have to deal with it. We have to be able to go out to church and restaurants and events as one family.”

    So Ms. Race, an activist, self-proclaimed “Moses” of families with autistic children, admits that her out-of-control son poses a safety risk to others. But everyone else still has to conform to her politically correct views of inclusion.

    The judge sensibly put public safety first: your rights to accommodation end where others’ rights to public safety begin.

  • Kristina Chew, PhD
    Jul 4, 2008 at 1:42 pm

    Again, the use of the word “harassment” in regard to Adam Race is puzzling.

  • Redtown
    Jul 4, 2008 at 2:01 pm

    The judge acknowledged that Adam “did not specifically intend” to harass others, but that his behavior was still “objectively unreasonable”.

    Harassing behavior does not have to be intentional for it to still be OBJECTIVELY HARASSING to others.

  • Regan
    Jul 4, 2008 at 2:12 pm

    Well, as it stands right now, the result of this hearing is to find for continuance of the restraining order in re: St. Joseph’s, Carol Race stated in the press that she is considering appeal, St. Joseph’s via diocese spokesperson states they are open to more mediation (I have no criteria to judge the validity of that offer), and Adam Race may still be attending that other church.
    If an appeal is filed or further mediation is agreeable to all the parties, then I expect that we will hear more about this case.

  • Kristina Chew, PhD
    Jul 4, 2008 at 2:36 pm

    The phrasing of “repeated harassment” remains unfortunate.

    Hoping that if and when we hear more about this case it’s in the context of constructive solutions that fully embrace all those who are said to be welcome.

  • Regan
    Jul 4, 2008 at 2:50 pm

    “Harassment” is an unfortunate term, but not being a lawyer, I wonder if the specific use is a legal meaning vs. the colloquial one with inference of volitional bad intent? I really don’t know.

    This question is apart from the specifics of this particular case.

  • Kristina Chew, PhD
    Jul 5, 2008 at 12:42 pm

    That’s what puzzled me about the term, the “volitional” and “intentional” connotations of the word.

    From a journalist,, Lynn Jerde, in an article entitled A dilemma for the entire faith community to address: Congregations should discuss how to best deal with worshippers with disabilities:

    This is a dilemma that would stymie Solomon, but Solomon’s not deciding it. It’s in the court system, where Carol Race, acting as her own legal counsel in contesting the restraining order, has cross-examined her priest.

    To Carol Race, it’s about awareness and accommodation for people with disabilities.

    To Father Walz, it’s about safety in the sanctuary, and at least a measure of decorum suitable for the solemn joy of Mass.

    They’re both right.

    Without knowing Carol Race, I believe she’s a dedicated mother facing a challenge she didn’t choose, but which she embraces — the challenge of helping her child find his place in the larger community, including the community of faith.

    Without knowing Father Walz, I believe he’s tried to meet Adam’s needs while considering the needs of other parishioners, and that he resorted to a court order not out of intolerance or ignorance, but because he ran out of ideas.

    He, and the rest of us in the faith community, will need to come up with ideas, and soon, for dealing with any worshippers who have disabilities that affect their behavior — people who do things that are unacceptable and disruptive because they simply can’t help it.

    When Jesus admonished his disciples to “let the children come to me,” I have to believe that Jesus includes all children, of all ages, and with all kinds of struggles.

    I believe that includes Adam — noisy, scary, man-size Adam.

    Adam needs prayer. He also needs his fellow parishioners — and they need him. Pray for his parents, and his priest, as they wrestle with meeting those needs.

    We all need each other, and we need to figure out how to live and be all together.

  • Momof7
    Jul 10, 2008 at 1:59 pm

    I hope Mrs. Race will consider the mediation offered.

    Sometimes we get so entrenched in our desires we can not see the forest for the trees.

    I honestly think that the fellowship of believers desires to work with the family or even after all of this they would not still be offering mediation.

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