Churches Sue To Prevent Noise Ordinance From Limiting Their Carillon Bells

Three churches in Phoenix, Arizona yesterday filed a federal lawsuit against the city of Phoenix challenging its noise ordinance that has been applied to limit ringing of carillon bells by local churches. The complaint (full text) in St. Mark Roman Catholic Parish Phoenix v. City of Phoenix, (D AZ, filed 9/2/2009), alleges that the noise ordinance is unconstitutionally vague. It also claims that application of the ordinance to churches violates their free speech rights and their right to free exercise of religion under both the federal and Arizona constitutions and Arizona statutory law. A release by Alliance Defense fund announcing the lawsuit criticized the ordinance for exempting ice cream trucks but not churches. Earlier this year, the clergyman of one of the plaintiff churches in this case was convicted of violating the noise ordinance and given a suspended jail sentence along with 3 years' probation. (See prior posting.)