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  1. #1
    Join Date
    May 2011
    Posts
    1

    Unhappy Church Noise vs. Peace and Quiet

    My question involves civil rights in the State of: California.
    It is not fair there are laws that "exempt" churches from noise. I have a problem with the Catholic church put up an amplified sound system that goes off 6 times a day every day. I protest with a sign. The priest took me to court for a restraining order even though I did nothing wrong. I had no money for an attorney but yet they have their attorney from the archiodese there to defend them. Well, their request was dismissed as it should have been. It was a very mean and cruel thing for them to do.

    The issues: This was really a SLAPP (strategic lawsuit against public participation). I want to know if I can SLAPP back. I had no attorney fees even thouogh one nice attorney gave me a very nice letter to take to court that was a freebie. If I go back to protesting what else can they think up to get rid of me? Don't I have some rights to peace and quiet?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Church Noise vs. Peace and Quiet

    IF you consider the noise to be a "nuisance" and you wish to "abate" it, it will take court action similar to what was done to you, only this time you are the Plaintiff.

    I don't have the full facts of course, but a RO against picketing will only be granted when 1 st AM right is not violated. As long as you were not taunting parishoners and were calm and orderly and did not block access to the church, etc., the basis for a RO was not proper, IMO.

  3. #3
    Join Date
    Jan 2006
    Posts
    20,708

    Default Re: Church Noise vs. Peace and Quiet

    either court action or action through your town council or whatever form of government you have. While a court can speak to your specific situation, the town enacts ordinances that could limit the use of the PA system.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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