Wednesday, April 21, 2010

City Permanently Enjoined From Enforcing Noise Law Against Church Bells

After issuing a preliminary injunction last month prohibiting the city of Phoenix (AZ) from enforcing its noise ordinance against churches because of their carillon bells (see prior posting), on Monday an Arizona federal district court made the injunction permanent. In St. Mark Roman Catholic Parish Phoenix v. City of Phoenix, (D AZ, April 19, 2010), upon stipulation of the parties, the court enjoined enforcement o the noise law against any sound generated in the course of religious expression and entered a declaratory judgment finding that its enforcement against religious expression violates the 1st and 14th Amendments. Finally the court ordered the city to pay plaintiffs' attorneys, Alliance Defense Fund, fees of $25,000. CBN News yesterday reported on the decision.