Unwise Legislation

The following letter to State Senator John McKinney and State Representatives Chris Lyddy and DebraLee Hovey has been received for publication.

Dear Legislators:

Subject HB5473: Retroactive elimination of the statute of limitation for childhood sexual abuse claims against Catholic and other nonpublic institutions. I believe passage of this bill by the General Assembly is unwise, unjust, and unnecessary. I also question the constitutionality of the bill, therefore, I strongly recommend that your Vote No on this bill. See the 800 lb Gorilla in Paragraph 3.

1. HB5473 is unnecessary because the current statute of limitations of 18 years plus 30 years is already excessive. Elimination of the statute of limitations would open a Pandora’s Box and the possibility of lawyers suggesting to possible clients to “bank” their claims until a more opportune time to sue. I also feel that if current statute of limitations remains in effect, and if it runs out on a particular case, the lawyers will change the “sovereign immunity” doctrine. Therefore, I feel that the current statute and the one proposed under HB5473 are unwise because they compromise sound judicial practice.

2. HB5473 is unjust because it puts a huge financial burden on the Catholic and nonpublic institutions. The state has a “sovereign immunity” doctrine which precludes the state, towns, school boards, and public schools from being sued. This flies in the face of the record which shows that from 1992 through 2009, 112 public school teachers, 86 foster parents (paid by the state) and three priests have been accused of childhood sexual abuse. The state and its education entities go monetarily free while the Catholic and nonpublic educational entities are “live bait” for the unscrupulous, money-hungry lawyers. Where is the justice in this?

3. Now for the 800 lb Gorilla in the room: Suppose St Rose Parish was sued for child molestation and lost? They would probably have to declare bankruptcy and close the school. What would happen to its 439 students? The Town of Newtown schools would have to absorb them. Their parents already pay local taxes as well as tuition at St Rose School. Suppose similar situations occurred around the state? The state would have to increase funding for education. where will that money come from particularly under the present economic climate? Think About It — Vote No on HB5473

Regards,

Joseph E. Borst

10 Beechwood Drive, Sandy Hook                                 April 20, 2010