Quincy (MA) faces lawsuit over taxpayer-funded Catholic statues at police HQ

Civil liberties groups say the $850,000 statues of Catholic saints are unconstitutional and exclusionary

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Groups advocating for church/state separation, along with their clients who are religious and non-religious, are suing the city of Quincy, Massachusetts to prevent two expensive, Catholic statues from being erected at the new “public safety headquarters.”

I first wrote about this controversy a couple of months ago. The city of Quincy is in the process of building those new headquarters at a cost of $175 million. The building, which will house the police department as well as the administrative offices for the fire department and emergency management, is scheduled to open this fall.

But there was a recent update to the blueprint that was never presented to city council members when they were approving funding for the project between 2017 and 2022: The entrance to the building will feature two ten-foot-tall bronze statues of St. Michael the Archangel and St. Florian—the patron saints of police and firefighters.

The cost to taxpayers? $850,000, according to the Patriot Ledger, which first broke this story.

Depictions of St. Michael the Archangel stomping on a demon (left) and St. Florian (via Adobe Spark)

Not only are these statues religious icons that have no business in a government facility—much less at taxpayers’ expense—they were apparently approved by Mayor Thomas Koch without any feedback from or awareness by the city council members.

Asked why the statues weren't shown to councilors when they approved funding for the project at various points between 2017 and 2022, Mayor Thomas Koch said large projects like this one sometimes "evolve" and the idea "wasn't on the table" when councilors cast their votes.

"You continue to revise," Koch said. "The bottom line doesn't change."

It’s always convenient when the city’s top official, working on plans for a facility for a department sworn to uphold the law, tries to sneak in religious statues that violate the law.

These are Catholic statues that belong in a church, not symbols of justice and safety meant for public consumption. They serve no purpose. If you need religious icons to improve and beautify a $175 million facility, it’s time to fire the designers.

More importantly, these statues would send a message that non-Catholics are not welcome in this community. At the very least, non-Catholics are considered second-class citizens. It’s the worst possible message for public safety officials to send to people who may need their help. It’s the opposite of being welcoming and inclusive.

It won’t surprise you that Koch is Catholic. He also attempted to convince council members that the statues had a secular purpose:

Quincy Mayor Tom Koch (screenshot via YouTube)

Koch said the saints "add interest" and "connect to the uses of the building." Koch, a devout Catholic, pointed out that St. Michael is a figure common to Christianity, Islam and Judaism.

Neither statue carries strictly religious messages, Koch said, stressing instead their representation of bravery, courage and service, values which he said Quincy's first responders exemplify.

"It seemed natural to do those images," he added.

If you want to symbolize bravery and courage and service, and your mind immediately jumps to religion, you can’t argue it’s just “natural.” It’s natural only if you live in a religious bubble. This is the equivalent of putting up a giant Christian cross in front of the building and arguing it’s not religious, but rather a secular symbol of peace. (That argument, sadly, has some precedent.)

But the questions didn’t stop Koch from moving full speed ahead with these sculpture. He hired Sergey Eylanbekov to make the designs—it’s not clear if there was even a bidding process for the statues—and they depict a winged St. Michael stomping on a horned demon and St. Florian pouring water on a burning building. (Why would the police department want their symbol to be a “good guy” stepping on the neck of a “bad guy”? Who knows. A depiction of police brutality seems like an image most officials would want to reject, not celebrate.)

One council member didn’t even try to hide the religious intentions of the statues:

Ward 1 Councilor Dave McCarthy, whose district hosts the new headquarters, approved of the statues. McCarthy said he was informed of the plans "a long time ago."

The statues contain "a great message" and "will bless our first responders," McCarthy said.

"It might help them," he added. "They might say a little prayer before they go out on duty."

If cops and firefighters need prayer to do their jobs well, perhaps the city should be investing more in their training instead of advertising for the Catholic Church.

Since the statues came to light in February, there’s been a lot of backlash. City council member Dan Minton, a former police lieutenant himself, said on Facebook that he had no knowledge of these statues and categorically rejected them:

… Although this may provide spiritual comfort to some Officers, religion aside, the image of the angel brandishing a sword or spear to the devil to ward off evil, may not translate to contemporary times.

Although it is only a statue, the violent image is not the way Police Officers conduct themselves. I don’t know if this new statue is going to depict the same violent image but from what I have researched, most do. It made me think of brutal force and I don’t want citizens to connect this statue with the way our Officers treat anyone.

…

The Quincy Police Department has always had a solid reputation of compassion to all, often under unpredictable and stressful circumstances. The statue does not reflect this.

Generally, people don’t want to enter a police station -it is usually something bad that has happened, ranging from an act of violence to a simple parking ticket. The statue may not be a welcoming presence to someone already ill at ease.

The ACLU of Massachusetts also got involved, sending a letter to city officials that said the statues “violate the constitutions of Massachusetts and the United States” and also flew in the face of respect and religious plurality.

… the purpose of the statues is plainly religious. Although Mayor Koch has attempted to justify the statues as symbolizing the “universal concept” of good versus evil, saints are specific to certain sects of Christianity. They are neither ubiquitous nor secular…

By invoking the constitutions, the ACLU suggested that a lawsuit could be filed if the statues went up as intended. They urged the mayor and city council members to “cancel the plans to erect these statues.”

Boston Globe columnist Yvonne Abraham summed it up well:

It’s one thing for a police officer to choose to carry around a medal that her faith says will offer divine protection. It’s entirely another to erect two giant effigies outside a public building that will be used by people of all faiths, or of no faith at all.

When the City Council held its next meeting—shortly after receiving that letter—there was an outcry from the public. An online petition to reject the statues said bluntly: “Mayor Koch, cut our losses and cancel this commission now.” It probably didn’t help that City Council President Ian Cain directed his anger at the anonymous person who informed the public about these statues:

… Cain went on to slam the "cowardice" of an unnamed person who leaked information on the statues to the newspaper.

"This wasn't meant to open up a discussion with the people who work in government," Cain said. "This was someone trying to embarrass us, which I don't appreciate. The council should not be put in a position, whether by the mayor's office or by anyone who wanted to subvert this, where we appear uninformed. That's not good faith."

Mayor Koch resisted every attempt to reverse course. He was determined to let non-Catholics know they’re unwanted in this city and anyone who disagreed could just shut the hell up:

When a city councilor asked Koch’s chief of staff what those who oppose the statues should do, he essentially told them to go pound sand.

“Wait for the beautiful public artwork to appear on these buildings and enjoy it with the rest of the public,” advised Chris Walker. “The decision has been made.”

That stubbornness was opening the door to a costly court battle, though.

Shortly after that, Americans United for Separation of Church and State and the Freedom From Religion Foundation also got involved. AU noted it was acting on behalf of six Quincy residents who had a problem with the statues, and those residents could have standing in a future court case. They also pointed out that these statues were not legal because they were like putting up a Christian Nativity scene outside a courthouse: The only way you could get away with it was by including other religious (or secular) symbols alongside the Catholic ones.

"(Quincy) has far more in common with displays the Supreme Court has struck down as unconstitutional. ... Here, the two religious figures will be displayed by themselves and are designed to stand out and draw the eye."

Courts particularly frown on religious messages from the police because they may foster belief that a benefit would come from conversion to Christianity, [AU attorney Ian] Smith writes.

What about the argument made by Koch that these are secular symbols akin to “In God We Trust”? Smith also shot that theory down:

"The problem with this claim is that police and firefighters don't invoke these figures for political reasons, they invoke them for religious protection," Smith wrote. "These images have not been taken out of their religious context − they are used precisely because of their religious context."

FFRF called on the city to “rescind its plan to place these religious statues in front of its new police headquarters in order to respect the diversity and First Amendment rights of Quincy residents.” Attorney Maddy Ziegler also pointed out the religious history of the statues:

Here, the statues are plainly religious in nature. Saint Florian was a Christian martyr who was canonized by Pope Lucius III. Saint Michael the Archangel is revered in the Catholic faith and plays a crucial role as a “defender of faith, protector of souls, and a symbol of divine justice.” Michael’s role in other faiths does not negate the religious nature of his figure—on the contrary, it further emphasizes that his statue serves no secular purpose. Neither of these figures have any significance outside of religious contexts.

The placement of statues of prominent Catholic figures in front of a government building indicates not only that the city favors religion over non-religion, but Catholicism over all other denominations. That members of a particular religion consider the two patron saints of first responders is irrelevant to the constitutional analysis. Patron saints are still unquestionably religious figures and their statues advance religion on government property.

But the city didn’t budging. Mayor Koch was more eager to promote his religion with taxpayer dollars than focus on the issues that would keep the city safer.

And now it’s about to come back to bite him in the ass. Because this week, FFRF, Americans United, the ACLU, and the ACLU of Massachusetts filed a lawsuit against the city. They represent clients “who practice a variety of faiths, including Catholicism, Judaism, and Unitarianism, as well as [clients who are] Humanist, atheist, spiritual, or do not identify with a single faith or religious organization.”

Those plaintiffs say the statues would, among other things, “violate her religious commitment to peace activism,” “have put her in the uncomfortable position of needing to speak out against statues of Catholic figures,” and “create an association between religion and the police department.”

The lawsuit, filed with the Norfolk Superior Court, says the city is violating Article III of the Massachusetts Declaration of Rights (i.e. the state constitution), which protects religious equality. The plaintiffs are asking the court to block the statues from going up, to prevent any further funding of those statues, and all associated legal costs.

“This is a clear breach of the constitutional wall of separation,” says FFRF Co-President Annie Laurie Gaylor. “Quincy taxpayers should not have to foot the bill for an ostentatiously specific religious display.”

Rachel Davidson, staff attorney at the ACLU of Massachusetts, says: “Mayor Koch has made the costly decision to proceed with the unlawful plan to install two larger-than-life statues of Catholic saints at the entrance to a public building in Quincy. This plan was conceived and implemented without public input and with total disregard for the concerns raised by constituents and local faith leaders. The statues send a message that the Quincy government favors one faith above all others. This flagrantly violates our state Constitution.”

“The city has abandoned its constitutional duty to remain neutral on matters of faith,” says Heather L. Weaver, senior counsel for the American Civil Liberties Union. “The new public safety building will be home to many critical government services, but the moment they walk in the door, Quincy residents who do not share the city’s favored religious beliefs will get the message that they are not welcome.”

“Mayor Koch is abusing the power of his government office to impose religious beliefs on all Quincy residents,” says Rachel Laser, president and CEO of Americans United for Separation of Church and State. “The core principles of church-state separation and religious freedom promised in the Massachusetts Constitution require government buildings and other public spaces to be inclusive of people of all religions and none. By installing religious statues in front of the government building dedicated to public safety, Koch and the city are violating that promise and sending a message to all who rely on city police and fire services that one faith is favored over all others.”

Will it work? You never know, but this is hardly a case on the margins of the law. It’s blatantly illegal what the city is doing and a judge will hopefully see that.

There’s an irony that a costly facility meant to improve public safety has become better known outside of Quincy for how it will exclude certain members of the community. But unless a judge steps in, the message Koch is sending couldn’t be more clear: Catholicism is the official religion of the city and anyone who disagrees isn’t welcome.

(Portions of this article were published earlier)

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