Festival denial sparks legal battle between St. Patrick's Roman Catholic Church of Smithtown and Village of the Branch

St. Patrick's Roman Catholic Church of Smithtown and Village of the Branch have been embroiled in a yearlong legal dispute over the denial of a church-sponsored festival featuring mechanical rides.

In March 2024, the church on East Main Street sought the village's approval to hold a "family festival with rides, games and food" that was "crucial to the church’s survival,” according to a lawsuit filed in Suffolk State Supreme Court. The Diocese of Rockville Centre owns the 19-acre property, and St. Patrick's has operated there since 1966, according to the suit.

The church had applied for a special permit and waiver to host the festival over four days from Sept. 26-29.

But, Village of the Branch officials argued, their code prohibits “a carnival, circus or other amusement-park-type operation" in the historic district. The code also bars "rides or other activities usually connected with commercial carnivals" in the district, where the front part of the church property lies. The village board cited that portion of the code when it denied the permit in May 2024 by a vote of 4-0. One village trustee abstained. 

A festival without the rides would "significantly hinder the church's ability to raise funds necessary for its survival," attorneys for the church, from the Greenberg Traurig law firm in Garden City, said in court papers. The festival could generate more than $100,000, according to the suit.

The denial represents "an unwarranted and substantial burden on St. Patrick's religious exercise without a compelling governmental interest," the attorneys said. 

But board members would have violated the village's code by approving the permit, their attorneys argued. The festival was to include rides and span four days, but fundraisers can't last longer than 72 hours under the village's code, lawyers from the Ronkonkoma law firm of Campolo, Middleton & McCormick, LLP, said in a November court filing.

"At its core, petitioner is requesting this Court grant a legal impossibility — to compel the Village to violate its own Code and grant Petitioner a permit beyond the scope of what is permitted." the village's attorneys said. “That is impermissible.”

'A good community builder'

The church submitted a petition to the court showing 200 signatures supporting the application.

Rebecca Reilly, a Smithtown resident who lives behind the church and signed the petition, said she's in favor of the festival plan.

"I think it would be a good community builder and a nice event, and obviously it would be a nice fundraiser for the church, so it's a win-win," Reilly told Newsday in an interview. "I hope it comes to pass."

Lawyers for the church said they “amply demonstrated” compliance with village standards, including plans for overflow parking, limiting festival activities away from homes and by coordinating with Suffolk County police.

But attorneys for the village said they had an obligation to maintain the "integrity" of the "highly regulated" historic district, which includes buildings built between 1700 and 1850. Historic landmarks there include the Hallock Inn, First Presbyterian Church and Epenetus Smith Tavern.

The lawyers argued the church failed to prove "that the carnival-like festival proposed fits within the character of the Historic District." The village, the attorneys argued, can adopt "reasonable regulations to preserve the character" of the district.

Religious exercise debate

Lawyers for the church said the village was restricting the way St. Patrick's could use the property, violating the federal Religious Land Use and Institutionalized Persons Act of 2000. The effect, the attorneys argued, was "to deprive St. Patrick's of their right to the free exercise of religion."

Attorneys for the village rejected the church's claim, writing St. Patrick's "can continue to engage in all religion missions by holding mass and pursuing missionaries." The lawyers said the village "simply cannot violate the code by hosting an extended 'Family Festival' carnival with mechanical rides."

Village of the Branch did not stop "parishioners from engaging in religious exercise," their lawyers said. They added that the church "never had such a festival before and has always operated without it. The denial does not prohibit masses, religious gatherings, prayer services, or anything remotely related to religious events."

In November, Suffolk Supreme Court Justice Paul M. Hensley denied the village's motion to dismiss the case.

Village of the Branch Mayor Mark Delaney declined to comment, citing pending litigation.