Friends of Prouty Garden today announced they would not appeal the Massachusetts Appeals Court’s April 19th decision which upheld the Superior Court’s dismissal of their complaint about the state Department of Public Health’s slack regulatory process and its role in Boston Children’s Hospital’s $1 billion expansion project. The decision effectively ends a four-year legal battle to preserve the historic Prouty Garden, which served as a tranquil oasis for ailing children and their families for more than 50 years.

This week, Boston Children's Hospital unveiled its new rooftop garden. The space contains a small patch of grass, paved walkways, tables and chairs, and some potted plants. It may be a nice space, but it lacks nearly everything a therapeutic healing garden should contain.

This afternoon, Suffolk Superior Court Judge Janet L. Sanders will hear arguments on two closely-related motions filed by the Ten Taxpayer Group comprising Friends of the Prouty Garden in its pending lawsuit against Boston Children’s Hospital (BCH) and state public health officials.  With the parties’ legal briefs already on file with the court, this will essentially be the hearing on the merits of the Prouty Garden court case.  

In addition to violating Condition 8 of the DoN, the lawsuit alleges that the hospital began construction activities associated with the new tower without written approval from DPH of preliminary and final architectural plans, as required by state law, and that BCH failed to implement a plan for communicating the status of the expansion project to community groups, as required by another DoN condition.

The Prouty Garden at Boston Children’s Hospital was such a treasure and during the week of this year’s Earth Day, it provided a fragmentary piece of evidence testifying to its deep value. The tree, symbolically, and perhaps in a true and real spiritual sense, drew in the worst of those fears and the deepest of despair and gave back hope and confirmation that there is more to our existence than just our physiological well-being. Love, courage, faith, compassion, hope, patience, endurance and a myriad of other qualities play a far greater role in determining whether we live a “good life” or not. The Prouty Garden was a place where one could go to confirm that truth every day.

Today news broke that our Ten Taxpayer Group is suing the state over the state's refusal to provide documents requested under the Public Records Law. The legal team has reason to believe the there may be a connection between the state's approval of the hospital's plan and the hospital's participation in a new pilot program around the same time. “(My clients) want the integrity of (state’s approval process) upheld,” McGregor said. “They want the agency to review under its jurisdiction the project with no exceptions, and… this is designed to daylight how this went down. We’ll see what the facts lead to.”

We have received multiple eyewitness reports this week that the hospital is persisting in its destruction efforts. Spending money on this ill-considered project is a very risky move for the hospital with the core civil complaint under review by the Superior Court. Should the court rule against the hospital on any of the multiple failures of the DoN process that the Ten Taxpayer Group has identified in its complaint, the hospital could be facing untold significant costs to undo work that it has undertaken thus far.

In December, the Friends of the Prouty Garden lost the Dawn Redwood and Caitlin. But our court case goes forward and so do we. The hospital wanted to make us feel like there was nothing left fighting for by cutting down that tree. But in our view, the land is worth protecting, the ground is still hallowed ground, and the potential for a new Prouty Garden that remains large and immersive and on the ground, a true healing garden, this possibility is still worth fighting for. 

On the heels of Boston Children's Hospital's destruction of the Prouty Garden, including the monumental loss of the historic and healing Dawn Redwood tree, U.S. News and World Report publishes a story entitled "The Many Health Benefits of Trees." Among its findings, "tree loss hurts health."

There are a small number of people behind SaveProuty.org and the Friends of the Prouty Garden, some of whom you may know, others who stay quiet out of fear. Caitlin has always been vocal and public in her efforts, and without a doubt she has been one of the most central and integral parts of this fight, truly instrumental. Caitlin is fighting for her life in Pittsburgh right now. She is desperately in need of a lung transplant. So we ask you to send prayers of love and healing and most importantly right now, prayers for lungs, so that she may be transplanted as soon as possible.