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  Atheist Group Sues Brooklyn's Catholic Diocese for Pre-election "Robocalls" Aimed at Swaying Voters

By Erin Durkin
Daily News
December 18, 2009

http://www.nydailynews.com/ny_local/brooklyn/2009/12/18/2009-12-18_making_a_bad_call_bklyn_diocese_sued_for_preelection_msgs.html

An atheist group and a priest sued Brooklyn's Catholic Diocese Thursday, charging Bishop Nicholas DiMarzio broke the law with "robocalls" aimed at swaying voters in a tight City Council election.

A recorded message from DiMarzio expressing support for Brooklyn Democratic boss Vito Lopez went out days before the November election to every registered voter in the Bushwick district where Lopez's handpicked candidate, Maritza Davila, was mounting a challenge to Councilwoman Diana Reyna.

Two suits filed Thursday ask a judge to revoke the Diocese's tax-exempt status, charging the calls violated IRS rules that bar tax-exempt groups from "directly or indirectly" supporting political candidates.

"He clearly broke the law," said Kenneth Bronstein, president of New York City Atheists. "It's very dangerous for democracy when you start having religion ... endorsing candidates."

The second suit was brought by advocates against clergy sexual abuse, led by the Rev. Robert Hoatson. They alleged DiMarzio backed Lopez's preferred candidates to reward him for helping scuttle a bill that would have given abuse victims more time to sue the church.

"He...effectively killed the clergy abuse legislation here in New York, saving the Catholic Church billions of dollars," said plaintiff John Aretakis, a suspended attorney who previously represented sex abuse victims.

"You don't have to be a rocket scientist to make the connection. There was a quid pro quo," he said.

Msgr. Kieran Harrington, a spokesman for the Diocese, declined to comment on the lawsuits. He previously denied the robocalls were meant as an endorsement of Davila, telling the New York Times the Bishop's "intent was to thank Vito, who has taken the greatest grief for helping us."

Hoatson said if that were true, the calls would not have been targeted at registered voters in one Council district. "Why not robocall all the Catholics in the diocese?" he said. "There's no doubt that this was done to affect an election."

Davila, an organizer at the Ridgewood Bushwick Senior Citizens Council, failed to unseat Reyna, a former Lopez protege now locked in a feud with the party boss.

Lopez declined to comment.

 
 

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