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  Ethics Agency Drops Probe into Bridgeport Diocese over Lobbying

By Josh Kovner
The Hartford Courant
July 1, 2009

http://www.courant.com/news/local/hc-web-ethics-diocese-0701jul02,0,1773144.story

HARTFORD - The state ethics agency this afternoon dropped its investigation of whether a protest rally by the Diocese of Bridgeport amounted to unregistered lobbying, a day after Attorney General Richard Blumenthal said the inquiry could chill freedom of speech and religion.

A simple statement by the ethics enforcement officer after a closed-door meeting of the ethics board ended a probe that had triggered a firestorm of negative reaction from the diocese, Catholic groups, the American Civil Liberties Union and others, who felt the agency was illegally applying the lobby-registration law to the detriment of anyone who wanted to protest in public.

"The most appropriate action is to withdraw the request for information from the diocese ... and drop the evaluation," Thomas K. Jones, the ethics officer, said at the end of a meeting called by the Citizen Ethics Advisory Board to discuss a federal lawsuit the diocese filed in May to try to stop the investigation.

Blumenthal had said his point wasn't whether the lobby registration law applied to the diocese, who had arranged for buses to bring several thousand Catholics and others to the Capitol to protest a bill that would have radically changed the way churches handle their internal business.

Rather, Blumenthal said the act of investigating the diocese, which includes asking for financial information, would likely be seen by a court as illegally intrusive and in violation of the separation of church and state. He said that under these circumstances a protest rally at the seat of the state government the rights of freedom of assembly, speech, and religion would trump the lobby statute. He said the legislature should more clearly define and tailor the law.

The diocese had also urged parishioners through its web site to contact lawmakers about the bill, which was withdrawn. Those who earn or spend more than $2,000 in a calendar year on efforts to influence legislation must register as lobbyists.

The ethic agency's decision delighted the diocese.

"This is welcome news, not only for the Diocese but for all citizens who cherish the fundamental rights guaranteed by the First Amendment," said Joseph McAleer, spokesman for Bishop William Lori, bishop of Bridgeport. "We look forward to receiving written confirmation from the Office of State Ethics. At that time we will make a decision on our lawsuit."

Blumenthal said this afternoon that he was "gratified" the agency "made the right decision, respecting the constitutional concerns that we set forth in our opinion. We look forward to working with the legislature and the [ethics agency] in clarifying and revising the law."

Carol Carson, executive director of the ethics office, declined to comment about the withdrawal of the action or whether Blumenthal's opinion would chill future investigations. State ethics laws are generally patterned after three principles that were laid out in a 1954 U.S. Supreme Court ruling on the Lobby Registration Act: that the inquiries be content neutral, that the state has a compelling interest, and the statutes aren't overly burdensome.

Lobbyists in Connecticut pay $150 for a two-year registration. The Connecticut Catholic Conference, which represents the Hartford Archdiocese, the dioceses of Bridgeport and Norwich, and the Ukrainian Catholic Diocese of Stamford, has a registered lobbyist, Deacon David Reynolds, who serves as the conference's legislative liaison.

 
 

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