Unlikely allies BY PATRICK CORCORAN STAFF WRITER schaumburg review 10 27 05 The Becket Fund for Religious Freedom -- a Washington-based law firm that specializes in cases dealing with religious expression -- isn't fighting expansion at O'Hare International Airport for nothing. The organization, at the forefront of a court battle to stop Chicago from relocating a 19th century DuPage County cemetery, has collected nearly $90,000 from Elk Grove Village and Bensenville in the last year. Although little was known publicly about financial arrangement between the Becket Fund and local municipalities, a Pioneer Press investigation determined a significant amount of cash is part of the ongoing legal effort. The two communities have sent checks totaling $87,119 to the Becket Fund since October 2004. That money -- which was drawn from the villages' O'Hare expansion legal defense fund -- was paid to Becket Fund attorneys at a rate of $200 to $250 an hour. Joseph Karaganis, the attorney coordinating Elk Grove's legal opposition to O'Hare expansion, and Elk Grove officials say the expense is minimal compared to the value of the Becket Fund's role in the litigation. "There is a need, in this case, for highly skilled counsel. They have certainly earned at the national level a reputation for protecting religious liberties," Karaganis said. The cost of the legal opposition is troubling, but essential, said Elk Grove Mayor Craig Johnson. "Have we spent an immense amount of money? Yes. It bothers me every day. Did we get the best bang for our buck with that money? Absolutely," he said. Religious rights Founded by Kevin J. Hasson, the Becket Fund for Religious Freedom is a nonpartisan, nondenominational not-for-profit that includes a team of lawyers fighting for religious rights across the nation. Although the Becket Fund is based in Washington D.C., two prominent local leaders are among its advisers -- the Roman Catholic Archbishop of Chicago, Francis Cardinal George and U.S. Rep. Henry Hyde, R-6th, a prominent expansion opponent. In spring 2003 the group got involved in the St. Johannes Cemetery case, representing Elk Grove and St. John's United Church of Christ, which owns the cemetery. The cemetery is now one of the final hurdles to O'Hare expansion. Even though a judge on Tuesday lifted the injunction allowing Chicago to proceed with construction at the airport, expansion opponents will seek another court-authorized work stoppage. In some ways, the battle to protect the cemetery has become Elk Grove's last hope in preventing the airport's expansion. To strengthen its case, the village turned to the Becket Fund. Becket Fund Vice President Anthony Picarello Jr. said the group is a good ally for several reasons. "We are dedicated to the protection of religious freedom for all religious traditions. We have expertise. We don't do 100 different issues. Our attorneys work on religious expression cases exclusively and they are highly motivated and experienced," he said. The Becket Fund is also undefeated in the courts. "That record is still intact," Picarello said. Picarello said there is nothing unusual about its relationship with Elk Grove. In fact, it's quite common for a municipality to link up with the group, although most of the group's work is done pro bono. "Our work frequently involves working with government bodies and municipalities. A small number of our clients pay for our services and we do our work on a must-need basis ... The rate we charge is a not-for-profit rate, or a cost recovery rate, as far as attorney time," Picarello said. But would the Becket Fund still be involved in this case if the village couldn't pay for its services? "That's between us and them," Picarello said. According to the most recent IRS filings available, the Becket Fund has substantial budget. The group brought in a total of $1.5 million in donations in 2002. Between 1998 and 2001, the group brought in nearly $5 million, including $4.5 million in contributions. In 2002, the Becket Fund spent $1.6 million, including Hasson's $200,000 salary and $181,000 salaries for its top two attorneys. Two Becket Fund vice presidents each received $100,000 in compensation in 2002. The cemetery relocations isn't the Becket Fund's only -- or even its most controversial -- cause. The group was involved in the landmark case that prevented a New Jersey man from volunteering as a Boy Scout troop leader. Becket attorneys are currently fighting a California man's effort to remove the words "under God" in the Pledge of Allegiance. It also successfully protected two Kentucky counties' right to display the Ten Commandments in a pair of courthouses. Elk Grove officials said those cases are wholly separate from the group's contribution to saving St. Johannes Cemetery. Elk Grove Trustee Patton Feichter was unaware of the Becket Fund's reputation, but said the village's faith in it is strong despite the group's other interests. "The only reason we are supporting this group financially is because of O'Hare and their ability to fight O'Hare expansion. I -- and I would think the rest of the trustees -- are not at all supportive of some of the issues that the Becket Fund is involved in," he said. "I am not at all supportive of funding those issues ... I know those are things we'd try to stay away from." Johnson said the Becket Fund's reputation for protecting religious liberty is the primary reason for the village's alliance with it. "As far as their stance on other issues, we don't respond to that. The cemetery issue is the only one we care about. What I know about the Becket Fund is this -- they are one of the most well-respected organizations in the country when it comes to issues such as religious expression," he said. "Obviously, they have been very helpful when it comes to the issue of St. Johannes." Chicago officials maintain that O'Hare expansion has to do with advancing national transportation and not religious expression. "In no way, shape or form are we infringing on religious freedoms," said Roderick Drew, spokesperson for the O'Hare Modernization Project. "We're simply seeking to relocate the cemetery in order to modernize this portion of the airport."