Brooklyn Neighbors Object To Loud Recorded Church Bells

In the Marine Park neighborhood of Brooklyn, New York, some residents are protesting the decibel level of church bells from St. Thomas Aquinas Church. Your Nabe reported yesterday that the problem began when the church began to use a speaker system to play recorded bell melodies from 9 a.m. to 7 p.m. each day. The city's Department of Environmental Protection says that the city's noise ordinance does not apply to organs, bells and chimes used by houses of worship. (New York City Administrative Code, Sec. 24-217). City Councilman Lew Fidler is trying to mediate the situation, but so far has been unsuccessful. Neighborhood resident Joseph Zelinsky says that the exemption for church bells should not apply here because the noise is caused by loud speakers, not bells.

Magistrate Recommends Dismissal of Suit Over Disturbing Church Bells

In Devaney v. Kilmartin, (D RI, Feb. 6, 2014), a Rhode Island federal magistrate judge recommended dismissing a Narragansett, Rhode Island resident's complaint about constantly ringing church bells.  The court described plaintiff's complaint:

the Amended Complaint focuses on St. Thomas More Church’s electronically-amplified bells, located across the street from Mr. Devaney’s home, which he contends have gonged and pealed 700 times per week at upwards of 100 decibels for at least thirteen years. The Amended Complaint adds another nearby church, St. Peter’s Episcopal Church, which Mr. Devaney avers has rung its electronically-amplified bells hourly during daylight “beginning after Plaintiff moved to his home” eighteen years ago. Mr. Devaney alleges that the constant ringing has caused emotional distress and denied him peaceful enjoyment of his property.... 

Recommending dismissal without prejudice, the magistrate judge concluded:

While Mr. Devaney’s exasperation is clear as a bell in his Amended Complaint, the connection between his pique and a plausible federal cause of action is not. It is conceivable that he may have an important claim arising under the United States Constitution; however, his pleading does not articulate one.

WPRI reports on the decision.

Clergyman Convicted of Violating Noise Law Through Playing Church Bells

In Municipal Court in Phoenix, Arizona yesterday, a local clergyman, Bishop Rick Painter of Christ the King Cathedral, was found guilty on two counts of violating the city's noise ordinance because of the hourly ringing of electronic church bells. An Alliance Defense Fund release says that the bells normally ring each hour from 8 a.m. to 8 p.m. Painter was given a suspended sentence of ten days in jail and three years' probation. The court also ordered that in the future the church bells can only be played once on Sunday mornings and once on each of 5 holy days for up to two minutes in duration with a noise level not to exceed 60 decibels (measured from adjacent property lines). (Full text of order.) ADF said it is reviewing the options available to protect Bishop Painter's rights.

Federal Lawsuit Challenges Noise From Church Bells

The Providence Journal reported last week on a pro se federal lawsuit filed by a Narragansett, Rhode Island man, John Devaney, who objects to the noise from the bells of St. Thomas More Catholic Parish directly across from his home, as well as those of an Episcopal Church nearby. Naming Attorney General Peter F. Kilmartin, Diocese of Providence Bishop Thomas J. Tobin, Archbishop Carlo Maria Vigano, apostolic nuncio to the United States, and Pope Francis as defendants, as well as the administrator of the Epsicopal church, the suit claims that the bells deny Devaney his constitutional rights and the peaceful enjoyment of his property.  Claiming that there are 700 amplified claps and gongs each week, the suit seeks to require the town to apply its noise ordinances to churches and to require the St. Thomas More to reduce the number and volume of its chimes.  The Catholic parish's bells ring for one minute 3 times a day on weekdays, twice on Saturdays and once on Sundays. The diocese claims that Devaney is harassing visitors, worshipers and staff of the parish.

City Operation Of Music From Church Steeple Challenged

In Jewett City, Connecticut, the state chapter of American Atheists is complaining about a loud speaker and CD player that was installed by the borough in the steeple of a Baptist Church located on the town's main street. The New London (CT) Day reported on the controversy last week.

Ten years ago, the town spent some unused grant monies for the equipment that is used to play music each hour, and to broadcast church bells on each quarter-hour. The town, and not the church, is responsible for the equipment and the choice of music. Most of the music played in non-religious. However, at the request of the borough treasurer, the nine o'clock selection each morning is Onward Christian Soldiers. And in the winter, religious Christmas songs are included in the repetoire. Some residents are concerned that the volume of the music is too loud. But American Atheists is concerned with the church-state issues in the town's operation of the equipment. It wants the town to sell the equipment to the church and have the church take control of the music. However the church is not interested.

Italian Court Awards Damages To Woman Injured By Loud Church Bells

An Italian court has ordered the Madonna del Carmine parish near Genoa to pay a retired teacher damages of 60,000 Euros for the moral and physical damage caused to her over a 23-year period by the loud bells at the Church of Santo Stefano. M&C today reports that in the lawsuit, originally filed in 2003, the court also ordered the church to reduce the decibel level of its bells.

Church Bell Exception To Sound Ordinance Does Not Create Content-Based Law

In Service Employees International Union v. City of Houston, 2008 U.S. Dist. LEXIS 25639 (SD TX, March 31, 2008), the SEIU brought a broad-based constitutional challenge to the permit requirements in the City of Houston Sound Ordinance and in its Parade Ordinance and to its Parks Ordinance. In its decision, a Texas federal district court struck down the provision on required security precautions in the Parks Ordinance and the 10-day advance notice requirement in the Parade Ordinance. It upheld most other provisions; however it held that trial was necessary to determine which section of the Sound Ordinance was being applied to deny SEIU's use of a bullhorn. In upholding a portion of the Sound Ordinance, the court held that the exemption for church bells and chimes sounded for no more than 5 minutes every hour as part of a religious observance or service during the day does not render the Ordinance content-based. The court said: "This limitation demonstrates the understanding that church bells and chimes are of limited duration and therefore are 'non-intrusive . . . acceptable background noise'."

Pastor's Conviction Reversed By Consent After Noise Ordinance Held Unconstitutional

Now that a federal district court has enjoined Phoenix, Arizona officials on constitutional grounds from enforcing the city's noise ordinance against church bells and carillons (see prior posting), an Arizona Superior Court vacated a municipal court's conviction of a Phoenix pastor. Bishop Rick Painter of Christ the King Cathedral, had been given a suspended sentence after he was convicted on two counts of violating the noise ordinance because of the hourly ringing of electronic church bells. (See prior posting.) In State of Arizona v. Painter, (AZ Super. Ct., May 3, 2010), an Order (full text) recites that the state did not object to defendant's motion that the court direct an order of acquittal. Alliance Defense Fund yesterday issued a release announcing the reversal of Painter's conviction.

Court Issues Preliminary Injunction Barring Noise Prosecutions Against Church Bells

In St. Mark Roman Catholic Parish Phoenix v. City of Phoenix, (D AZ, March 3, 2010), an Arizona federal district court issued a preliminary injunction barring the City of Phoenix from enforcing its Noise Ordinance against sound generated in the course of religious expression. The lawsuit was brought by churches which had been prosecuted or feared prosecution under the ordinance because of the level of sound from their carillon bells. (See prior posting 1, 2). The challenged law prohibits "unreasonably loud, disturbing and unnecessary noise." Plaintiffs alleged that the law's restrictions are unconstitutionally vague and violate their free expression and free exercise rights, as well as their rights under Arizona's Free Exercise of Religion Act. In granting the preliminary injunction, the court, focusing on plaintiffs' free expression challenge, said:

The Court finds, for the purposes of preliminary injunction analysis, that the Noise
Ordinance is neither precise enough nor clear enough to be considered narrowly tailored. The Noise Ordinance does not contain an objective standard, such as a decibel level, under which loud, disturbing, and unnecessary sounds are targeted to the exclusion of sounds that are not loud, disturbing, and unnecessary. Also, the exemptions from the Noise Ordinance are a scattershot list, providing an exception for government vehicles, noncommercial public addresses, ice cream trucks (or other uses of hand-held devices playing "pleasing melodies"),and nighttime street work, but not considering any other types of sound to be exempt from coverage. The government's interest in preventing the disturbance of its citizens by noise could be achieved by other, less restrictive means.

Alliance Defense Fund issued a release announcing the decision.

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.

From the White House For Christmas: Playlists and Concern For Persecuted Christians

On Wednesday, in anticipation of Christmas, the White House posted The Obamas' and Bidens' Holiday Playlists on the White House Spotify channel.  The Obamas' number one pick is "O Tannenbaum, Vince Guaraldi Trio (A Charlie Brown Christmas)," while "Santa Claus is Comin’ to Town, Bruce Springsteen" tops the Bidens' playlist.

The President also posted a more serious statement on Persecuted Christians at Christmas, saying in part:

At this time, those of us fortunate enough to live in countries that honor the birthright of all people to practice their faith freely give thanks for that blessing.  Michelle and I are also ever-mindful that many of our fellow Christians do not enjoy that right, and hold especially close to our hearts and minds those who have been driven from their ancient homelands by unspeakable violence and persecution.

In some areas of the Middle East where church bells have rung for centuries on Christmas Day, this year they will be silent; this silence bears tragic witness to the brutal atrocities committed against these communities by ISIL.

Islamist Syrian Rebel Group Imposes Strict Controls On Christians In Town of Raqqa

BBC News reported yesterday that in the northern Syrian town of Raqqa, the rebel group Islamic State in Iraq and the Levant (ISIS) that controls the city has announced online that it is imposing new controls on Christians there. Christians must pay a special tax of 14 grams of gold, may not carry arms, may not renovate their churches, display crosses or other religious symbols outside churches, ring church bells, or pray in public. The group said that Christians must either convert to Islam or accept these conditions or else risk being killed. ISIS said 20 Christian leaders have accepted the conditions. Rival rebel groups have been fighting ISIS since last month.

9th Circuit: Zen Apprentice's Suit Dismissed Under Ministerial Exception Doctrine

In Behrend v. San Francisco Zen Center, Inc., (9th Cir., July 17, 2024), the U.S. 9th Circuit Court of Appeals affirmed the dismissal under the ministerial exception doctrine of a disability discrimination suit brought by plaintiff who worked at the Zen Center as a Work Practice Apprentice.  The court said in part:

Behrend ... appeals, arguing that he was not a minister because he performed mostly menial work and did not have a “key role in making internal church decisions and transmitting the faith to others.”...

Behrend was tasked with performing maintenance, kitchen, and guest services. But he was also responsible for assisting with rituals, participating in meditations and services, cleaning the temple, attending talks and classes, and performing doan ryo ceremonial tasks like ringing bells and cleaning altars. He lived and worked full time at the temple as a monk. While Behrend may not have taught and was not a part of the hierarchical leadership structure, he “performed vital religious duties” as part of the Center’s WPA program.... In short, were the court to adopt a rule like the one Behrend suggests, we would be “interfering with the freedom of religious groups to select” who may or may not serve as a live-in monk.