City Barred From Enforcing Noise Ordinance In Consent Decree

A consent judgment (full text) has been entered by a New York federal district court enjoining the city of Ithaca from enforcing a provision in its municipal ordinances that bans noise which can be heard more than 25 feet away. DeFerio v. City of Ithaca, (ND NY, 2/12/2009) was a lawsuit brought by a Christian evangelist who had been prevented by police from preaching in the Ithaca Commons. The consent order bans enforcement of the limitation against anyone engaged in unamplified speech in a public place. It also orders the police to train its officers in proper enforcement of the ban, and awards attorney's fees and nominal damages. Alliance Defense fund issued a release announcing the consent judgment. An article yesterday in WorldNet Daily has more background on the case. (See prior related posting.)