Lawsuit filed to keep bells ringing at 3 Valley churches
PHOENIX -- Attorneys representing three churches are suing the City of Phoenix claiming that a noise ordinance prohibiting the ringing of their bells is unconstitutional.Attorneys with the Alliance Defense Fund filed the lawsuit in federal Court Wednesday, according to the ADF website.St. Mark Roman Catholic Parish, First Christian Church and Christ the King Church are challenging the noise ordinance because attorneys say it offers an exemption for ice cream trucks but not for churches.Bishop Rick Painter of Christ the King Church was sentenced to jail earlier this year for ringing his church bells, according to attorneys.Attorneys say the bells at Painter's church normally chime from 8 a.m. to 8 p.m. and have been registered at 67 decibels from the nearest property line. They say ice cream trucks are allowed to put out up to 70 decibels at a distance of 50 feet.Painter was given a suspended sentence of 10 days in jail and three years' probation and was issued an order restricting chimes at the church to no more than 60 decibels for two minutes on Sundays and specific religious holidays.Attorneys say two representatives from the Phoenix City Prosecutor’s office and two Phoenix police officers visited St. Mark Roman Catholic Church after one neighbor complained about the bells.
Both churches, along with the First Christian Church of Phoenix, are filing the lawsuit so that they can ring their bells without fear of future prosecution and criminal penalties for violating the ordinance, according to ADF.
"It’s true that people can hear the bells at that low level," said ADF Senior Legal Counsel Erik Stanley. "After all, bells are meant to be heard. But the city’s problematic ordinance is being used to inconsistently single out the peaceful sound of this time-honored expression of worship while allowing exceptions for others.”
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