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Court Upholds Restraining Order Against Autistic Teen At Services

By Howard M. Friedman

The Minneapolis Star Tribune reported last week on a decision issued June 27 by a Todd County, Minnesota state District Court. Siding with the Church of St. Joseph in Bertha (MN), the court upheld a May 13 restraining order barring 13-year old Adam Race from attending church. The teenager is autistic, and the church says his conduct disrupts services. As previously reported, at issue was whether Adam's conduct violated the state's harassment statute under which the restraining order was issued. The court concluded that while Adam "did not specifically intend to harass anyone," his conduct at church services was "objectively unreasonable." It included "repeated, disruptive or distracting acts, sounds, and gestures." Under the statute, harassment is defined as including "repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect ... on the safety, security, or privacy of another." [Thanks to Joel Sogol via Religionlaw listserv for the lead.]

Full post as published by Religion Clause on July 06, 2008 (boomark / email).