Parents, students make case on schools

Parents and pupils at two Catholic schools took to the streets and the courtroom yesterday to fight the Archdiocese of Boston's attempts to close schools and to keep control of money raised for school programs.

In what some say was an unusual legal move, parents of children in St. Peter's School in South Boston asked a judge for a preliminary injunction to prevent the archdiocese from using money in bank accounts totaling more than $200,000.

The parents contend in court papers that the funds belong to the children and said they want to use the money to open a private school with a Catholic focus.

Citing church rules, the archdiocese has said all assets of closing churches and schools will be controlled by the archdiocese and used for surviving parishes and schools, and to support medical and pension funds.

Last week, Archbishop Sean P. O'Malley announced that 70 churches will close. In five cases, two closed parishes will be replaced by a new parish, resulting in a net reduction of 65 parishes. In addition, three parish schools will close -- in South Boston, Brighton, and Everett -- and two schools in Dorchester will merge.

Hours after filing the injunction request in Suffolk Superior Court, children, parents, and teachers from St. Peter's and Our Lady of the Presentation in Brighton joined together to march outside the archdiocese's chancery on Commonwealth Avenue.

Chanting "Keep your vows," the protesters picketed, sang, and prayed. More than 400 took part, according to police estimates.

"We're going to do it all summer if we have to," said Siobhan McHugh, a mother of two children at Presentation.

Parents with Presentation church will return to the chancery today to meet with Bishop Richard G. Lennon in a meeting set up by Boston City Councilor Jerry McDermott and other politicians. Parents said they want to explain why it should remain open.

The injunction request marked a new chapter in fighting the archdiocese's efforts to close parishes and schools.

"It's clearly unchartered waters," said Glenn Hannington, the lawyer representing St. Peter's parents. "It's a question of fairness."

He said the money the parents are seeking was in four bank accounts -- marked for things such as the "Home and School Association" and "school cafeteria." The injunction request argues that the Home and School Association solicited the money based on the premise that the money would be used for the school only. Donors, according to the court papers, said they were reluctant to give money if there was a risk that it might be used to defend the archdiocese in the clergy sexual abuse scandal.

Hannington said the parents want to freeze the accounts and use the money to start Peter Academy, a private school with a Catholic focus.

The archdiocese had not seen the lawsuit and would not comment, said the Rev. Christopher J. Coyne, the archdiocesan spokesman. He noted, however, that although the school is closing, St. Peter's still has financial obligations and must pay teachers and staff through Sept. 1.

Mitchell Garabedian, a lawyer who has represented many victims of clergy sexual abuse, said the court will have to establish what the donors intent was when they gave the money.

Also yesterday, Mayor Thomas M. Menino announced he had created a nine-member task force to help families find alternative school placements and assist congregations in finding other locations for social service programs.

Globe correspondent Kevin Joy contributed to this report.