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  State Court Dismisses Firing Appeal

By Ross Courtney
Yakima Herald-Republic
March 6, 2008

http://www.yakima-herald.com/stories/2047

The Washington State Supreme Court will not hear a lawsuit by Robert Fontana claiming he was unfairly forced out of his job at the Yakima Catholic Diocese.

The state's highest court dismissed Tuesday an appeal by Fontana, who worked as the director of evangelism until summer 2005.

Fontana says he is disappointed but does not plan to appeal to the U.S. Supreme Court.

"I wasn't surprised," he said. "I thought it was a long shot."

Church officials expressed relief.

"We just feel like it's a relief and time to move on," said the Rev. Robert M. Siler, chief of staff to Bishop Carlos Sevilla.

Fontana's lawsuit contended he was forced out for criticizing the way Sevilla and the diocese had investigated a priest accused of having pictures of naked boys on his computer. The priest was not charged.

Diocese leaders denied forcing Fontana out, but argued it doesn't matter because the First Amendment allowed them to assign job duties as they saw fit.

In 2005, Yakima County Superior Court dismissed Fontana's case on the grounds his job was ministerial in nature and therefore was not a matter for the state courts to decide. In 2006, Division III of the Washington State Court of Appeals agreed.

"It sends a chilling message to all whistle-blowers: Do it at your own risk," Fontana said.

Fontana, who worked for the diocese for 25 years, has gone on to form Catholic Life Ministries Northwest and helped start a local chapter of Voice of the Faithful, a national nonprofit that advocates for change in the Catholic Church.

* Ross Courtney can be reached at 930-8798 or rcourtney@yakimaherald.com.

 
 

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