Judge Buries Snowplow Aid for Churches

It’s been the neighborly thing to do in Barrington for 50 years: Town council members volunteer to plow the snow from church parking lots.

Not this winter, a federal judge ruled--their good deed is unconstitutional.

Last winter, which brought a record 106 inches of snow, six Barrington residents complained about the practice at nine churches and a synagogue. The American Civil Liberties Union in Rhode Island sued the town.

The council was “promoting religion over non-religion” and violating the First Amendment’s separation of church and state, Judge Joseph DiClerico of New Hampshire ruled in November.

Council members couldn’t understand the fuss in the town of 16,000 located 10 miles south of Providence.

“You know, in a small community we do things like that for each other,” said council member Peter Costa.

“In our minds we weren’t violating any law,” said his colleague, Mark Powers. “We weren’t restricting anyone’s practice of religion and we were not rewarding anyone’s practice of religion. It’s just something the town had done since World War II.”

Rhode Island federal judges excused themselves from the lawsuit, saying the town council president worked at the courthouse.

Judge DiClerico found that the town had selectively given religious institutions a benefit not provided to other private property owners.

Rabbi James Rosenberg of Temple Habonim wasn’t happy with the decision.

“If the winter is as bad as last winter, [the expense] will be considerable,” Rosenberg said.

The town hasn’t decided if it will appeal. At least one resident, Anthony Ferri, has begun an aluminum-can drive to help the churches and keep things neighborly. “We’ve raised $750 since August,” he said.