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Author Topic: Ave Maria in the news  (Read 1055 times)

vinylisbetter

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Ave Maria in the news
« on: March 03, 2006, 08:31:34 AM »
For those considering Ave Maria... be afraid!  From cnn.com....



New Florida town would restrict abortion

Domino's founder building community around Catholic university

NAPLES, Florida (AP) -- If Domino's Pizza founder Thomas S. Monaghan has his way, a new town being built in Florida will be governed according to strict Roman Catholic principles, with no place to get an abortion, pornography or birth control.

The pizza magnate is bankrolling the project with at least $250 million and calls it "God's will."

Civil libertarians say the plan is unconstitutional and are threatening to sue.

The town of Ave Maria is being constructed around Ave Maria University, the first Catholic university to be built in the United States in about 40 years. Both are set to open next year about 25 miles east of Naples in southwestern Florida.

The town and the university, developed in partnership with the Barron Collier Co., an agricultural and real estate business, will be set on 5,000 acres with a European-inspired town center, a massive church and what planners call the largest crucifix in the nation, at nearly 65 feet tall. Monaghan envisions 11,000 homes and 20,000 residents.

During a speech last year at a Catholic men's gathering in Boston, Monaghan said that in his community, stores will not sell pornographic magazines, pharmacies will not carry condoms or birth control pills, and cable television will have no X-rated channels.

Homebuyers in Ave Maria will own their property outright. But Monaghan and Barron Collier will control all commercial real estate in the town, meaning they could insert provisions in leases to restrict the sale of certain items.

"I believe all of history is just one big battle between good and evil. I don't want to be on the sidelines," Monaghan, who sold Domino's Pizza in 1998 to devote himself to doing good works, said in a recent Newsweek interview.

Robert Falls, a spokesman for the project, said Tuesday that attorneys are still reviewing the legal issues and that Monaghan had no comment in the meantime.

"If they attempt to do what he apparently wants to do, the people of Naples and Collier County, Florida, are in for a whole series of legal and constitutional problems and a lot of litigation indefinitely into the future," warned Howard Simon, executive director of the American Civil Liberties Union of Florida.

Florida Attorney General Charlie Crist said it will be up to the courts to decide the legalities of the plan. "The community has the right to provide a wholesome environment," he said. "If someone disagrees, they have the right to go to court and present facts before a judge."

Gov. Jeb Bush, at the site's groundbreaking earlier this month, lauded the development as a new kind of town where faith and freedom will merge to create a community of like-minded citizens. Bush, a convert to Catholicism, did not speak specifically to the proposed restrictions.

"While the governor does not personally believe in abortion or pornography, the town, and any restrictions they may place on businesses choosing to locate there, must comply with the laws and constitution of the state and federal governments," Russell Schweiss, a spokesman for the governor, said Tuesday.

Frances Kissling, president of the liberal Washington-based Catholics for a Free Choice, likened Monaghan's concept to Islamic fundamentalism.

"This is un-American," Kissling said. "I don't think in a democratic society you can have a legally organized township that will seek to have any kind of public service whatsoever and try to restrict the constitutional rights of citizens."


Happy_Weasel

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Re: Ave Maria in the news
« Reply #1 on: March 03, 2006, 08:45:02 PM »
Ahahahahaha!!! Do you think they will be setting up castration clinics in that town for the sake of celibacy?

bruinbro

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Re: Ave Maria in the news
« Reply #2 on: March 04, 2006, 11:54:26 PM »
No Porn????!!!!!!
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rhombot

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Re: Ave Maria in the news
« Reply #3 on: March 05, 2006, 12:04:08 AM »
i doubt the courts will allow it. it's my understanding that companies have tried to tightly regulate conduct in company towns, e.g. disallowing union organizing, and that the courts have not allowed it.

i'm curious about the "largest crucifix in the nation" at 65 feet. does that mean there's a larger one somewhere else?

and the florida AG's name is crist?! i'd be worried about the crucifix if i was him.
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tjking82

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Re: Ave Maria in the news
« Reply #4 on: March 05, 2006, 12:26:09 AM »
Checking in from the law students side of the board.

See the following quote from Marsh v. Alabama, a 1946 Supreme Court case involving a company owned town:

"Ownership does not always mean absolute dominion.  The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by statutory and constitutional rights of those who use it."

It appears that the Dominos guy is trying to circumvent this by not retaining ownership of the town, but rather inserting certain restrictive covenants into plots he sells.

However, 2 years later in Shelley v. Kraemer, the Supreme Court held that enforcement via the judicial process constitutes state action, and obviously the state cannot commit a constitutional violation.  Because of this, the plan is going to turn on whether he needs to invoke state action to enforce these covenants, which he probably will; and if he does, whether he is violating any constitutional rights in doing so.  If he were refusing to give abortions and there were no clinics nearby, this would be an easy case.  However, it seems questionable whether people have a constitutional right to any of the objects mentioned, and even if they do, whether that right is violated simply by the town not selling them.

rhombot

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Re: Ave Maria in the news
« Reply #5 on: March 05, 2006, 08:57:09 AM »
there's no constitutional right to porn? i'm writing my representatives.
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rhombot

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Re: Ave Maria in the news
« Reply #6 on: March 05, 2006, 08:57:50 AM »
is this ave maria related to the law school in michigan?
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chonralda

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Re: Ave Maria in the news
« Reply #7 on: March 05, 2006, 09:29:47 AM »
I think so. There are rumors flying that Ave Maria is looking to move its campus from Ann Arbor down to FL - I could never figure out why, but now i see it - start a whole commune down there!
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Re: Ave Maria in the news
« Reply #8 on: March 05, 2006, 09:40:17 AM »
Wow, I had no idea it was so interconnected. Here is the connection between the two:
http://www.opinionjournal.com/taste/?id=110007536

Bringing a Law School Down
Should Ave Maria be part of a "Catholic Jonestown"?

BY NAOMI SCHAEFER RILEY
Friday, November 11, 2005 12:01 a.m. EST

Last Saturday, members of the alumni association of the Ave Maria School of Law met in Ann Arbor, Mich. They had learned, in the weeks before, that one of the school's most beloved professors was being kicked off the board of trustees and that the school might relocate to rural Florida. They weren't happy about it. In fact, they were angry.

And little wonder. Why, after all, quibble with success? In September, only five years after the school's founding, the American Bar Association granted full accreditation to Ave Maria, whose mission is to offer "an outstanding legal education in fidelity to the Catholic Faith." Last year a higher percentage of the school's graduates passed the bar exam than the University of Michigan's. But there is more at stake than one school's record. The controversy playing out at Ave Maria echoes a larger debate within Catholic conservatism--over how much to engage with the secular world.

The story began on Sept. 28, when the school's board of trustees voted 12-2 to establish term limits on its members. Among the members affected by the decision, only one had expressed an interest in staying on the board--Prof. Charles Rice, a respected figure on campus. Many alumni, students and faculty members believe that Prof. Rice is being pushed out because of his views. He had voiced strong opposition to an apparent effort by the chairman of the board, Tom Monaghan, to move Ave Maria to Florida.

Mr. Monaghan, the founder of Domino's Pizza and the school's principal benefactor, has announced plans to build a large Catholic university outside Naples, Fla., along with a residential community. (The ground-breaking ceremony for Ave Maria Town, as it will be called, was delayed indefinitely by the recent hurricane.) Will the law school move to Naples too, from Ann Arbor? The school's dean, Bernard Dobranski, acknowledges that the board is "open to consideration of the idea." He denies, though, that Mr. Rice is being persecuted for his views.

Mr. Monaghan certainly has every legal right to move the law school he pays for. But that doesn't mean it's a good idea. "We understood \[that\] the mission of the law school," says Terence McKeegan, a member of the school's alumni association, was "to create attorneys who were well versed in Catholic social teaching and the law, who would engage the world and not retreat from it." Ave Maria Town seems at odds with such a mission. "It sounds like this town and the university in Florida is going to be a self-contained little Catholic enclave."

A May 2004 speech by Mr. Monaghan, given at a conference on business ethics, would seem to confirm this speculation. "We'll own all commercial real estate," Mr. Monaghan declared, describing his vision. "That means we will be able to control what goes on there. You won't be able to buy a Playboy or Hustler magazine in Ave Maria Town. We're going to control the cable television that comes in the area. There is not going to be any pornographic television in Ave Maria Town. If you go to the drug store and you want to buy the pill or the condoms or contraception, you won't be able to get that in Ave Maria Town."

Oddly, Paul Marinelli, Mr. Monaghan's development partner for the town's 11,000 residential units, is unaware of these plans. All he will say, in an interview, is that his company, Barron Collier, is planning a "town based on traditional family values." He doesn't believe that "adult bookstores or pornography" are "aligned with traditional family values," but he has no plans to restrict them.
There is reason to suspect, though, that Mr. Monaghan will get his way and create what one Ave Maria faculty member, hyperbolically, referred to as a "Catholic Jonestown." Mr. Monaghan is not a timid man. He has owned, at various times, a large corporation, a major-league baseball team and an island resort. "There are not many out there who are really authentic Catholics," he said in the same speech. Creating them "is what I plan to do in the rest of my life."

Where does that leave the faculty, students and alumni of the law school? Most consider themselves authentic Catholics, despite their desire to live in secular communities. David Krause, for instance, was in the law school's first graduating class in 2003, having left his job as a mechanical engineer in Louisiana and moved with his wife and three children to Michigan to attend Ave Maria. He laments that the school's graduates, at the moment, "don't have the financial means to affect the school." But he does want the alumni to take a strong stand and even consider officially dissociating themselves from Ave Maria Law School to protest the insularity of the Florida move. "I'm not willing to see something that we have invested in and taken risks for implode because of one man's desires."

It looks, then, as though Mr. Monaghan has a fight on his hands. But he should not be surprised. If you create smart, ethical lawyers, you may find that they practice due diligence.

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you are doomed in the fated sense, but that's completely irrelevant because that's only from the viewpoint of someone who is not constrained by time. since you are temporal, for all intents and purposes you have the power to change your future

chonralda

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Re: Ave Maria in the news
« Reply #9 on: March 05, 2006, 10:33:00 AM »
That is the corniest endering in the world...still, its way too funny!
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