[markomalley]

UPDATE:

From a source in a diocesan office Somewhere In The English Speaking World, edited and with my emphases and comments:

This morning I asked our excellent team of orthodox canon lawyers to comment on the situation at Fisher More as reported by Rorate. Here are their thoughts:

Essentially they said the whole matter centers on the fact that Masses for the school are held in an oratory… [that's why I raised the issue of "parish", above] because of this, they said the bishop is probably on solid ground despite the fact that they “took an immediate dislike of the bishop when reading the decree.”
[...]

Canon 1225 states that “All sacred celebrations can be performed in legitimately established oratories except those which the law or a prescript of the local ordinary excludes or the liturgical norms prohibit.”

Everything that happens within oratories are subject to regulation by the local ordinary. Because the local ordinary can lawfully regulate, restrict, or eliminate the celebration of the Mass or any of the sacraments in any oratory in his diocese, our canonists said that he most likely can restrict which form of the Mass is celebrated, because “he who can do the greater can do the lesser.” If you can prohibit Mass outright, the principle in law would suggest that you certainly can prohibit one form of the celebration. Furthermore, this is in a similar vein of regulating activities in Oratories with stipulations — for instance, “the Mass may only be celebrated in this oratory when some of the Christian faithful are present,” or “the Mass may only be celebrated in this oratory if extraordinary ministers of holy communion are not used.” [That's gonna happen!]

Again, the whole thing here hinges upon the fact [presumed] that the ordinary is regulating the activities in an oratory. (If there was a parish church across the street from Fisher More, and the pastor gave approval for the priests of the college to celebrate the vetus ordo their every day, the bishop could not prevent it because the situation would fall under the norms of Summorum and UE). [My point, above.]

[...]

There is some doubt about his ability to differentiate between the forms… and hopefully ED [Ecclesia Dei?] will swoop in and issue a clear statement…. but we’ll just have to see. [Don't hold your breath.  And... I must add... it isn't always a good idea to ask when you don't know the answer in advance.]

If the oratory at Fisher More is really a private chapel instead of an oratory (unlikely but technically possible), Canon 1228 — which governs the sacraments in chapels — is even more restrictive: “Without prejudice to the prescript of can. 1227, the permission of the local ordinary is required for Mass or other sacred celebrations to take place in any private chapel.”

There you have more grist for the mill.

UPDATE:

This, from a person who wrote to the PCE about the situation for the chapel of a Catholic college:

 

[markomalley]

Yet another update, courtesy of Dr. Taylor Marshall (former chancellor of FMC):

Regarding Fisher More College and what you're reading in Rorate Caeli:

Now that the Bishop of Fort Worth has weighed in (and is now being maligned), after much prayer, I feel that I should break the silence.

First off, I love the students at Fisher More College (FMC). I love them so much. It was heartbreaking for me to leave FMC. Last summer (2013) was very difficult for me. I also love the Latin Mass and write about it often on my blog and talk about it publicly (my family belongs to a FSSP parish – Mater Dei parish in Irving, Texas).

For the record, I resigned as Chancellor of the College at the beginning of June of 2013—only days after our seventh baby was born. I had no job prospects and no income. I did it for the sake of conscience. I felt it would be a danger to my soul to remain at Fisher More College.

I resigned when moral, theological, and financial discrepancies came to light regarding the presidency of Michael King. I was an ex officio member of the Board so I knew what others did not. From May to early June of 2013, five of the eight College Board Members also resigned for two reasons:

1) Mr. King refused to disassociate himself from the public statements of faculty member Dr. Dudley that claimed in his Year of Faith lecture that Catholic professors have the duty to teach young people that Vatican 2 is not a valid Council (he also endorsed other “resistance” positions regarding the Novus Ordo, John Paul II, etc.)

2) Mr. King, after selling the original FMC campus to Texas Christian University for millions of dollars, had imprudently entered into a real estate deal that financially crippled Fisher More College.

Much of the politicization around the “Latin Mass and FMC” is Mr. King’s careful attempt to distract attention away from his financial misdealing at FMC. The college is currently teetering on bankruptcy and this latest entanglement with the bishop will lead to a public statement: “Fisher More closed down because the new bishop of Fort Worth persecuted the Latin Mass!” when in reality the College is failing because Mr. King entered into a dubious real estate deal that washed out college’s endowment AND all the proceeds from the sale of the original campus.

How did a College sell its extremely valuable campus to TCU for several millions dollars in 2012 only to announce at Christmas 2013 that it might be closing without an immediate fund raising campaign through Rorate Caeli?

Rorate Caeli has just released their sensational “exclusive” report on how the new Bishop of Fort Worth is persecuting the traditional Latin Mass in the person of Michael King. They included the (private) letter of Bishop Olson to Michael King and offered their speculation.

This controversy created by Rorate Caeli with the help of Michael King’s letter is not about the Latin Mass or Summorum Pontificum.*

FMC hosted a public repudiation of Vatican 2 and the Ordinary Form of the Mass in April of 2013 that was so offensive that my wife and I walked out of it before it’s conclusion. That did not do much to heal the breach with the local diocese or presbyterate and it contributed to the priests of the Priestly Fraternity of Saint Peter (FSSP) discontinuing their support and presence at FMC. The current FMC website advertises that the FSSP provides a chaplain, but this is not true.

At the same time, Michael King estranged himself from the diocese of Fort Worth by not allowing the Ordinary Form (as stipulated by the previous ordinary Bishop Vann of Fort Worth). He also contracted an irregular/suspended priest without faculties, and hired “trad resistance” faculty while there was no bishop in Fort Worth to check these developments. Mr. King was able to create a community in his image (he affectionately referred to himself the “father” of this community) during the episcopal inter-regnum of the diocese of Fort Worth.

Clearly, a bishop's intervention was inevitable. The current controversy really has nothing to do with the Latin Mass per se. The Latin Mass is at the center because Michael King is politicizing the Latin Mass in his favor, knowing that “bishops vs the Latin Mass” is red meat for some traditionalist blogs.

Bishop Olson says in the letter that he is doing this for Michael King's "soul." The bishop understands that this is a personal intervention – and not an attack on Fisher More College or its students or the Latin Mass.

It's a serious pastoral problem. Mr. King no doubt leaked Bp Olson’s letter via one of his few supporters to build sympathy before the inevitable financial collapse that will expose his mishandling of Fisher More College. Mr. King, more than anything, would like to blame the inevitable collapse of FMC (within only weeks or months) on the bishop’s “persecution of the Latin Mass.”

Hold your peace. Watch for how it unfolds, and most of all pray for the students that are still dutifully studying and praying. There are some GREAT students at Fisher More College.

As one who loves and prays the Latin Mass, please don’t curse or blame Bishop Olson for this one. He is a new bishop who inherited a TOUGH pastoral problem. Pray for him. And if you love the Latin Mass, don’t be so quick to judge the bishops or cite canon law. Sometimes there are things behind the scenes that you don’t know.

1 Cor 11:1-2 If I speak with the tongues of men, and of angels, and have not charity, I am become as sounding brass, or a tinkling cymbal.

*Regarding Summorum Pontificum in this situation. It doesn’t apply here since the college chapel does not have a priest requesting to say the Latin Mass and the chapel therefore falls under the direct pastoral control of the bishop. It’s the case of a layman (Michael King) asking for it. Those accusing Bishop Olson of breaking canon law or despising Summorum Pontificum should be more careful. Moreover, be assured that Bishop Olson supports the FSSP in his diocese and has nothing against the Extraordinary Form.

BTW, I'm just trying to push info out on this issue...I do not pretend to have first-hand info