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We just received word that Bishop Rick Painter’s criminal conviction for ringing his Church’s bells was overturned.  Many of you have been following the story of churches in Phoenix that have been punished or threatened with punishment for ringing their churches’ bells.  The case started when Bishop Painter of Cathedral of Christ the King in Phoenix was convicted of violating the City’s noise ordinance and was sentenced to 10 days in jail (suspended) and 3 years of probation.  You can read the story in my past blog posts here and here.

But did you catch what I just said?  A Phoenix pastor was sentenced to jail for ringing his Church’s bells.  I have litigated this case for almost a year now and I still get chills down my spine whenever I realize what happened in this case and how far the City of Phoenix was willing to go to silence this one church.  In all my legal and historical research for this case, I was never able to uncover a single instance in the United States where a pastor had been sentenced to jail and branded a criminal for simply ringing church bells.

No pastor should ever have to fear criminal prosecution or jail time for peacefully exercising their religion.  The very idea that the government has taken the step of sentencing a pastor to jail for ringing church bells should awaken the revolutionary spirit inside every American citizen.  This country is, after all, the land of the free and our founders made sure to enshrine the freedom of religion in the First Amendment, thus making it our first freedom.  Yet how can we claim as a nation to value and uphold religious freedom when a pastor has his freedom taken away by a criminal court for ringing church bells?  This is something that churches across the world have been doing for centuries.

I am thankful to God that this case was successfully resolved.  After all, it is cases like this that ADF exists for.  As one of our founders Bill Bright stated, ADF’s mission is to “keep the door open for the spread of the Gospel.”  We are thankful that the door remains open in Phoenix after this litigation.  But let this case stand as a reminder that as the attacks on the Church in America intensify in the coming days, we must be prepared to meet the attacks head-on.  The attacks may come from a variety of sources.  In fact, if someone had told me a year ago that a pastor in America would be sentenced to jail for ringing church bells, I would have found the idea amusing to say the least.  But the Church can come under attack from almost any conceivable location.  And it is our duty to stand ready at the watch for the first signs of those attacks.

Bishop Painter is a free man today, thank God.  But let his brush with jail time cause us to remember how fragile freedom is in an increasingly secular and authoritarian society.  And let us commit ourselves anew to continue the fight to keep the Church free.  Stand with ADF today.  Let us know of any attacks in your area and sign up to receive our updates so you can stay informed.  Together, through God’s grace and in His strength, we can fulfill the vision of Dr. Bright and keep the doors of the Church open for the spread of the life-changing message of the Gospel of Jesus Christ.

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ADF Senior Legal Counsel - Church Project

Last year, Bishop Rick Painter, pastor of Cathedral of Christ the King in Phoenix, Arizona, was sentenced to jail for playing the sound of church bells.  The City of Phoenix said he violated a noise ordinance by ringing the church bells and sentenced him to ten days in jail (suspended) and three years of probation.  This case was so astounding that ADF stepped in to represent Bishop Painter and the church to protect their right to ring their church bells.  Little did we know that shortly after stepping in to represent Bishop Painter, the City of Phoenix sent two City Prosecutors and two Police Officers to St. Mark Roman Catholic Parish and threatened the church with prosecution if it did not alter its bell-ringing that had been going on for more than twenty years.

Here’s the kicker – the noise ordinance prohibited the bell sounds but allowed for sounds louder than the bells to go on unchallenged.  Sounds like ice cream trucks and public address systems.  Amazingly, the noise ordinance said it was okay for someone to play music from an ice cream truck at a louder volume and with more frequency than the church bells at these churches.

ADF filed a federal lawsuit on behalf of St. Mark, Cathedral of Christ the King, and First Christian Church in Phoenix who wanted to repair its bell tower but feared prosecution if it started ringing bells again.

A federal judge granted a temporary injunction prohibiting the City from enforcing its noise ordinance against the church bells.  And just recently, the federal court entered an order declaring that the City’s efforts to criminally prosecute churches and pastors for ringing church bells was unconstitutional.  The Court also issued a permanent injunction prohibiting the City from ever using its noise ordinance to censor “sounds generated in the course of religious expression.”

This is a phenomenal win for religious freedom!  No pastor should ever fear being hauled off to jail for ringing church bells – especially since churches have been ringing bells for centuries.

While it is true that this is one case, it is indicative of a growing trend of marginalizing churches and pastors.  The Church as a whole has lost its uniqueness in the eyes of an increasingly secular society and is treated today the same as any other business.  But it is cases like this that should stand as reminders that Churches are unique and special and that our Constitution protects the right of churches to minister and speak freely.

ADF continues to fight to protect the right of the Church to speak and minister freely.  Go to our website and sign up for more information about the Church Project.

Please leave a comment below to share your thoughts or follow us on Facebook to join the conversation. http://www.facebook.com/SpeakUpChurch

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ADF Senior Legal Counsel - Church Project

ADF has been representing Bishop Rick Painter, pastor of Christ the King Church in Phoenix, Arizona.  The City of Phoenix convicted Bishop Painter for violating the City’s noise ordinance and sentenced him to 10 days in jail (suspended) and 3 years of probation.  The City claimed that the church bell noises were unnecessary and disturbing even though the noise ordinance allows louder noises than the church bells – things like ice cream trucks and loudspeakers.

And if convicting Bishop Painter for ringing church bells was not enough, the City of Phoenix threatened St. Mark Roman Catholic Parish with prosecution for ringing its church bells.  Shortly after Bishop Painter’s conviction, two Phoenix police officers and two City Prosecutors visited St. mark in response to a neighbor’s complaint.

ADF appealed Bishop Painter’s conviction and also filed a federal lawsuit against the City on behalf of a group of churches, including Christ the King Cathedral, St. Mark, and First Christian Church in Phoenix.  On March 4th, 2010 the federal court issued an injunction prohibiting the City from enforcing its noise ordinance against “sound generated in the course of religious expression.”

This is a great win.  No pastor should ever be sentenced to jail for ringing church bells.  Churches have been ringing church bells for centuries and, as far as we can tell, this is the first time a pastor has ever been sentenced to jail for ringing church bells.

The federal court recognized the absurdity of the City’s actions and recognized that the noise ordinance was unconstitutional.  Let the church bells ring!

Author

ADF Senior Legal Counsel - Church Project

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