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

By Howard Friedman

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'."

Full post as published by Religion Clause on April 03, 2008 (boomark / email).