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September 07, 2009
Church-bell 'noise' Under Attack – in America
Bishop Rick Painter, sentenced for allowing church bells to ring
Church-bell 'noise' under attack – in America
Three churches in Phoenix have brought a legal action against the city because one pastor already has been convicted and other churches are being threatened over the "noise" from their bells, some of which have rung out to the community for decades.
The lawsuit has been filed by the Alliance Defense Fund on behalf of St. Mark Roman Catholic Parish, First Christian Church and Christ the King Liturgical Charismatic Church.
The dispute focuses on the city ordinance that even city officials have conceded is vague, according to the lawsuit. Nevertheless, on the strength of neighbors' complaints and the existing statute, one pastor already has been convicted and sentenced for violating the city ordinance with church bells. The complaint alleges others now also are threatened.
City officials said they could not comment because they had not been served with the complaint, which has been posted on the Internet.
"Churches shouldn't be punished for exercising their faith publicly," said ADF Senior Legal Counsel Erik Stanley. "The law is unconstitutionally vague and has been abused to silence a form of worship that has peacefully sounded through the streets of our nation since its founding.
"No one should be sentenced to jail and probation for doing what churches have traditionally done throughout history, especially when the sound of the church's bells does not exceed the noise level that the law allows for ice cream trucks," he said.
The complaint notes that city officials wrote into the noise ordinance an exemption allowing ice cream trucks to play loud music, but refused to include a similar exemption for churches.
The case alleges violations of the constitutional provisions for freedom of speech, due process and free exercise of religion.
It was Bishop Rick Painter of Christ the King Church who was convicted and sentenced earlier.
By court order the electronic chimes that used to be heard ringing each day now also are restricted to Sundays and special occasions. Painter was given three years probation and a suspended 10-day jail sentence.
"After convicting and sentencing Painter to jail for ringing church bells, city officials notified St. Mark Roman Catholic Parish in August that the ringing of its bells could be considered in violation of the same noise ordinance," the ADF said. "Two representatives from the Phoenix city prosecutor's office and two Phoenix police officers visited St. Mark after one neighbor complained about the bells. St. Mark has rung its bells for the last 20 years. Both churches, along with the First Christian Church of Phoenix, are filing the lawsuit so that they can ring their bells without fear of future prosecution and criminal penalties for violating the ordinance."
The case documents that the bells at Painter's church were recorded at 67 decibels from the nearest property line, while a whisper was measured at 30 decibels and a normal conversation ranged between 60 and 70 decibels.
"Ice cream trucks are allowed to emit up to 70 decibels at a distance of 50 feet under an exemption to the city's ordinance, but no exemption exists for church bells," the case writes.
"The church bells chime a short, ancient melody of praise to God no louder than an average conversation," said Stanley. "It's true that people can hear the bells at that low level. After all, bells are meant to be heard. But the city's problematic ordinance is being used to inconsistently single out the peaceful sound of this time-honored expression of worship while allowing exceptions for others."
The case, filed in the U.S. District Court for the District of Arizona, was accompanied by a motion asking the court to halt enforcement of the ordinance while the lawsuit moves forward.
The ADF also has filed an appeal of Painter's conviction.
The civil rights lawsuit explains, "These churches want to ring carillon bells from their locations in the city of Phoenix as part of their religious exercise, but fear that they will be prohibited from doing so under a facially unconstitutional noise ordinance."
The churches use their music "as a way of evangelizing by notifying anyone nearby that the church is there and is a place of hope, help, and prayer" and to continue "a centuries-old church tradition of ringing bells as a way of glorifying God."
The lawsuit notes that the offending "noise" that generated complaints for Painter's church included a "16-beat melody taken from Handel's Messiah."
It alleges the noise ordinance is unconstitutionally vague, subjective, is content-based and is not neutral.
When his case was being argued, Painter defended the bells as a constitutionally protected freedom of religion issue.
"We're expressing our religion," he told KNXV. "We glorify God by the bells."
Wild Thing's comment........
This is soooo wrong. Church bells are beautiful and they give comfort ringing out.
What I don't understand is when a person buys a home they are made aware or on their own what is nearby. People have lived in churchs with church bells for ages and this kind of thing never happened before.
Wait till they hear the wailing from the mosques. Of course, complaints about the Muslim call to prayer (5X per day!) will be dismissed as racist
.
....Thank you Mark for sending this to me.
Mark
3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67
Posted by Wild Thing at September 7, 2009 04:45 AM
Comments
Church bells have been around for a very long time. It was a way of bringing the town to congregate for any reason, as there weren't any civil defense sirens way back when. Church bells are beautiful and they make a wonderful noise unto the Lord. I remember in the movie, Darby O'Gill and the Little People, Darby went to get the bell from a neighboring town for "free," but the Father told him he could have the music of the bell for the rest of his life in payment. There is something special about a church bell ringing loud and clear on a Sunday morning for us to gather and worship together as one family under God.
Posted by: Lynn at September 7, 2009 07:06 AM
Unfortunately, this doesn't surprise me.
There are some people in a subdivision in Vegas that was built next to a hog farm that has been there since the 60's who are suing the developer because he failed to warn them of the smell.
Hence, your point applies here, too, if you don't like it, don't move by it. Nobody makes them move there.
Posted by: Eden at September 7, 2009 07:49 AM
Same thing in Dallas with airport noise. Several people moved near Love Field thinking it was going to close down when the gigantic DFW airport was built. Didn't happen, so they sued and cost the city millions in lawwyers fees. Even people who have built in sight of the new airport have sued because of jet noise.
I live on the main street between a fire station and an interstate highway. Sirens all the time. Doesn't bother me. I am glad to know the city emergency services are working well. I grew up with aircraft noise and hearing church bells.
But, I don't want to hear a muslim call to prayer. That to me is like the bugle call of an enemy. I would join in a fight to protest it.
Posted by: TomR at September 7, 2009 12:01 PM
This isn't about noise at all it's about Judeo-Cristian suppression. I am not a church goer either and I happen to miss church bells and have seldom heard them before 10AM. This sounds like it's in Berkeley CA and the ACLU at work.
Some 25 years ago I worked in a spotless facility, the production supervisor was hell on two feet about his perceived image. We had some high level isitors scheduled for a Sunday visit and tour, the maintenance crew was told by the production super to move a spare GE Frame V Turbine Rotor being stored in a very quiet utility module to the very noisy 130 db inlet module, we had to navigate about 300ft. through two fire doors to get there, in the course of moving the monster we scraped some paint off one of the fire doors due to the tight fit. Here comes the super, he's blowing spittle and screaming at me, standing toe to toe in my face, in front of my crew and his operations crew, I wanted him to hit me so bad I didn't say a thing but just smiled at him, he went ballistic, yelling "There ain't gonna be no more Sunday's" then he stomped off to take his little white pills, he suddenly realized he was going to die that morning and so did the entire crew. Sometimes you just have to provoke the asses of the world and if they rise to the occasion take 'em out. That arsehole transferred out with less than 18 months in the job!!!
Posted by: Jack at September 7, 2009 12:20 PM
There was a church in the small city in Kansas where I grew up that played a carillon every day except Sunday at noon. I still remember how beautiful and peaceful it sounded.
Posted by: Keith at September 7, 2009 01:44 PM
I failed to mention that I also like the peel of church bells. They are a base in our traditional Christian culture. Irregardless of what President muslim says, America is a Christian nation with traditional Judeo-Christian beiefs and moral values. We are NOT a large muslim nation. If we continue to let them immigrate here we are going to have a major culture clash with those that don't assimilate. There will be blood in the streets and most of it will be muslim blood.
Defend your Second Amendment rights!
Posted by: TomR at September 7, 2009 05:33 PM
In my old home town there were three Churches on one street one block from my Grandmothers house. Which was across the street from my Grammar School. The White Church, Baptist, I think, chimed the hour 24 hours a day. Didn't matter what time a day you could count on that church to tell you the time within the hour.
Waiting for the 3 O'clock signal was always a welcome thing to hear.
About 10 years after that someone complained and they could only ring the bells during the daytime then they were shut down altogether. It is really a shame.
Year by year we lose more and more Rights due to some malcontent Atheist.
Posted by: Mark at September 7, 2009 06:52 PM
