The city of Oakland in California is seeking to silence a church by imposing a $500-a-day fine following a complaint raised by a neighbor over the noise produced by the church choir's practice at night.
Pastor Thomas Harris of the Pleasant Grove Baptist Church on Adeleine Street told the San Francisco Chronicle that he was surprised to get a letter from the city's nuisance abatement division last Aug. 31 that said the "excessive noise" of organ, drums and amplified voices during the weekly choir rehearsals is a nuisance and violates city laws.
However, the church said the city's action violates its First Amendment rights.
The city told the church that it could be fined $3,529 plus penalties of $500 a day until it stops producing the noise.
"This is strange," Harris said, adding that it's "quite unheard of for a church to be fined because of joyful noise."
"If you come around a nursery, you're going to hear babies crying. If you come around a church, you're going to hear noise," he said.
After hearing about the report, the Becket Fund for Religious Liberty filed a Public Records Act request to ensure that the city isn't unfairly targeting the church. It called on the city to withdraw its threat and to proceed in a manner that respects the rights of the church.
"Don't the enforcement bureaucrats in Oakland have better things to do than to sic the police on a church choir?" said Daniel Blomberg, Legal Counsel at the Becket Fund. "This church contributes to a community that is already suffering enough."
The church has been in existence since 1951.
The Becket Fund for Religious Liberty said it strongly condemns this kind of heavy-handed censorship, and is very concerned that this may be unfairly discriminatory.
The complaint did not include the name of the complainant, who is an 11-year resident of West Oakland. It said the loud music goes on sometimes until 2 a.m. Oakland residents "should be able to sleep in peace and maintain good health," the complaint stated.
Harris said choir practice ends at 9 p.m. and surmised that the complainant is new to the area.
"The area we're in now has changed drastically," he noted.
He said the church will not change its rehearsal hours. "We'll try to work with the community," he said. "We don't want to disrespect them, but we don't want to be disrespected."
