SJCA eNews Thursday, November 17, 2005 FEDERAL JUDGE DISMISSES ST. JOHN'S CASE On Wednesday, November 16th, the presiding judge in the Federal Court in Chicago, dealt a disappointing hindrance in the continued efforts to protect St. Johannes Cemetery, and the citizens of Bensenville and Elk Grove Village, along with their homes, jobs and their wellbeing, from destruction by the City of Chicago. (A following attached letter from Church Spokesperson, Bob Sell, gives further particulars of the ruling and what that may now look like for the cemeteries). After the initial shock of hearing the judgment passed, and the judge's comments, I paused today to look back over the journey that we have had over the past few years. I reflected upon the first meeting of the Church Council/Cemetery Committee, as this small congregation struggled with the dilemma before it and then boldly proclaimed in a news release that evening, that we would stand against, in whatever way we could, the threats by the political "haves" in Chicago, who informed us that they would simply take and destroy our sacred cemetery, as it stood in the way of their expansion plans. That was four years ago, and what a long ways we have come. Today we are represented by a determined and faithful legal team, here in Chicago, and also in Washington D.C., to whom we are grateful for all that they have already accomplished. They stepped forward in an answer to our prayers, to strive at holding off the "in-the-middle-of-the-night-bulldozing-tactics" of the City, and to protect the rights of the faithful at St. John to be able to express their faith in the continued use of St. Johannes Cemetery. They have worked diligently at protecting our communities - the very places that our ancestors at rest in St. Johannes and Rest Haven struggled and sacrificed to establish for the good of all their neighbors. We of St. John UCC have full confidence in their, the legal team's, continued efforts in the struggles that lie ahead for all of us. To paraphrase an earlier sentence of mine, "we have come a long ways in four years". However, and joyfully so, the struggle goes on. We probably have a long ways yet to go. However, as we all move forward as a faithful people, living hopeful lives in the middle of the fray, it is important to remember that the final word was not spoken this past Wednesday. Nor has a final judgment been rendered. We continue to walk in faith and unafraid, as we face the next set of challenges before us. And we do so, confident in the One who watches over both the living and the dead. For all of your continuing support and concern, I thank you. We will work to keep you advised of what lies ahead, and of all our efforts to protect St. Johannes and our precious freedoms to worship and practice our faiths freely. Peace and Blessings, Michael Kirchhoff A MESSAGE FROM OUR CHURCH SPOKESPERSON, BOB SELL Dear Friends of St. John's United Church of Christ, Bensenville: As many of you may have heard in the news, the Church suffered a setback in the Federal Court in Chicago yesterday. While coming to work this morning, I thought about the mighty Goliath, a fearsome creature who undoubtedly won many "down and dirty" battles in his time, until being hit square in the head by David's stone. The St. John UCC Church Council met last night, and I am pleased to hear that the Church has recommitted itself to the long battle to preserve St. Johannes Cemetery from desecration at the hands of the City of Chicago. In his opinion, Judge David Coar seems to have lumped the Church in with "not in my back yard" objectors on public projects generally. Particularly objectionable is his lengthy quotation from a 1986 case that involved objections about noise pollution at O'Hare. With all due respect to Judge Coar, the Church's complaint is not about noise pollution. This case is about the First Amendment Right of a Church to freely exercise its religious beliefs on its own property, without infringement by Caesar. The United States of America was founded on this very fundamental principle. As an American, and as a religiously minded person, it seems obvious to me that every available effort must be made to overturn this decision on appeal. Although the decision in Chicago was not favorable, there are a few facts that should be noted. First, Judge Coar's decision is immediately appealable to the Seventh Circuit Court of Appeals, and the Church's lawyers are looking at this possibility. Second, the Church's case in U.S. Court of Appeals for D.C. Circuit is still pending. The primary concern for the Church at this point is that the City of Chicago will attempt to start condemnation proceedings before the Church gets additional rulings from these higher Courts. Although the condemnation process legally could be started, it should be noted that the City has committed in Court filings in the D.C. Circuit that it will not physically disturb St. Johannes Cemetery, it will not remove any remains, it will not stop religious activities, and it will not in any way impede visitation to the Cemetery while the D.C. case is pending. We will obviously let you know if we learn of any developments in that case. As always, your prayers for St. John's Church, for all the families involved, and for those at rest at St. Johannes Cemetery will be greatly appreciated. In the meantime, I will continue to hope and pray that our stone will fly on target in the next battle, and that there will be better news to report. Yours, In Christ. Bob Sell. November 17, 2005