Court upholds evictions in South Bend

SOUTH BEND -- A court ruled that a landlord can evict two renters who overstayed their lease, refusing to allow their attorney to present evidence that they were being forced to leave because they are members of a pagan religion.\nAn attorney for Larry and Stephanie Gray filed a motion for a jury trial, and the couple filed a fair-housing complaint with the state Civil Rights Commission based on an eviction claim that accused them of "practicing unholy witchcraft."\nAn order granting Thomas Zakrowski possession of the property in South Bend was to take effect Thursday.\nThe Grays argued that Zakrowski began eviction proceedings after he learned that they practice Wicca, an ancient religion that calls for living in harmony with nature. Wiccans are commonly referred to as witches.\nZakrowski denied any bias. His attorney, Frank Agostino, said the eviction claim's reference to witchcraft was based on a zoning violation, because the property was not zoned for public worship.\nZakrowski said neighbors had been frightened by outdoor chants and rituals performed by the Grays and fellow Wiccans.\nMagistrate Richard McCormick determined that Zakrowski had not violated the rental agreement and had given the Grays appropriate notice. Judge Michael Scopelitis had previously granted Agostino's request that the case be limited to facts relating to the lease agreement.\n"We narrowed the issues before the court. The original action was brought on eviction for cause and for expiration of the term," Agostino said.\nAttorney John Thrasher said limiting arguments to the agreement kept him from presenting evidence that the landlord might have had an "illegal motive" for forcing the couple to move.\n"He couldn't exercise his otherwise perfectly reasonable rights if his reason was their faith," Thrasher said during closing arguments. "That was the tenor of the evidence I was going to offer."\nAgostino said federal and state fair-housing laws did not apply because Zakrowski had fewer than three single-family dwelling units.