As previously reported, six lawsuits were filed in recent months against Maricopa County, Arizona, Sheriff Joe Arpaio by prisoners who object to his playing Christmas and holiday tunes all day long at all of the county's jails. The play list included Dr. Demento's Christmas album, with humorous holiday songs; Alvin and the Chipmunks; Elvis Presley, including "Blue Christmas"; Celtic chanting; traditional carols by the Mormon Tabernacle Choir; and a CD with titles such as "Feliz Navidad," "Ramadan," "Betelehui," "Over the Skies of Ysrael," and "A Christmas/ Kwanzaa/ Solstice/ Chanukah/ Ramadan/ Boxing Day Song." Four of the suits were dismissed earlier, and now an Arizona federal district court has issued an opinion dismissing one of the remaining challenges.
In Curley v. Arpaio, 2010 U.S. Dist. LEXIS 199 (D AZ, Jan. 4, 2010), the court rejected an Establishment Clause challenge concluding that "Defendant presents a neutral, secular purpose for playing holiday music--to reduce inmate tension at a difficult time of year for inmates, and to promote safety in the jails.... [T]here were no religious activities or prayer, and the secular music diluted any religious effect." The federal court declined jurisdiction over plaintiff's other claim that the music violated the provision in the Arizona Constitution (Art. II, Sec. 12) barring the expenditure of any public funds for religious exercise.
