‘Sister Mary’ No Violation of Grant, City Attorney Says

The Costa Mesa Civic Playhouse did not violate a new arts-grant restriction barring city-funded groups from engaging in religious activity with its production of “Sister Mary Ignatius Explains It All for You,” City Atty. Thomas A. Kathe has determined.

Kathe, who sent the legal opinion in a report to City Council members early this week, found that the city apparently has no grounds to demand repayment of city money from the theater company. The playhouse has received $20,000 in arts grants so far this year and has a $9,400 grant pending. The City Council is expected to address the city attorney’s report at its regular meeting on Monday.

Vice Mayor Mary Hornbuckle said the council usually agrees with the city attorney’s opinion. “In my reading of the play and reading of the Constitution, I think (Kathe) is probably right.

“I don’t see us (overruling Kathe and) filing suit,” Hornbuckle said. “That would certainly not be a productive use of our funds.”

The 1979 Christopher Durang play, a caustic satire about a nun who lectures about Catholic dogma, was denounced as “anti-Christian bigotry” by some local residents. Among them were John and Ernie Feeney, a couple who asked the city to investigate whether the production violated its new restriction against using city arts grants for “religious or political activity.”

“Although the choice . . . by the Playhouse is of questionable taste,” Kathe wrote, “the use of public grant monies on a theatrical production which questions the value of parochial school education does not violate the restrictions on the use of public funds set forth in the California Constitution.”

Citing legal precedence, Kathe backed his opinion by concluding that the aim of “Sister Mary Ignatius” is secular.

“The primary purpose of the production is to use satire to question the methods of education used in the parochial school system,” Kathe wrote. “Although the play contains scenes that recite Catholic dogma, the theatrical purpose of satire would appear to negate any message of endorsement of the religious content by the dialogue in the play. Thus, the primary purpose of the play appears to be secular and not sectarian.”

Neither of the Feeneys nor the play’s co-producer, Civic Playhouse board member David Sharp, could be reached for comment. The play, slated to run through Sunday, is sold out for all remaining performances, according to a box office official.