Court Upholds Church Decision to Ban Autistic Child

The Minnesota church that filed a restraining order to keep a 13-year-old autistic child out of its worship services has the agreement of a judge, prompting a heated debate on both sides of the issue.

The Minneapolis Star-Tribune reported that Todd County District Judge Sally Ireland Robertson upheld the restraining order upon a challenge from the boy’s family. Ireland called the behavior of the boy, who stands well over 6 feet and weighs more than 200 pounds, “repeated harassment” and determined that he posed a threat to other worshippers at the Church of St. Joseph Catholic parish in Bertha, Minn.

Brad Trahan, the founder of the RT Autism Foundation in Rochester, Minn., reacted about the decision to Star-Tribune reporters: “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. There are no winners in this situation. The church doesn't win. The family doesn't win, and [the child] doesn't win.”

The child’s mother was cited for violating the restraining order by taking the child to worship in May, after the church filed the restraining order. Her citation has been upheld. She says all of his disruptive behavior can be attributed to his autism.

“The judge took every little thing,” the mother said to the Star-Tribune, “like the noises he makes. That's silly. And asking him not to make noise is like asking someone else not to breathe. That's just who he is.”

The judge considered most a state statue that considers “repeated harassment” as: “repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect ... on the safety, security, or privacy of another.” Robertson said that evidence revealed the child’s behavior met all of those criteria.

On the other side, the mother claims she called numerous witnesses, other parishioners at the church, who said that the child’s behaviors did not disturb them at mass. She is considering an appeal.