Police Stop Pro-Lifers From Singing Christmas Carols on Public Sidewalk Outside Abortion Clinic

Life News ^ | Dec 22, 2015 | Steven Ertelt

[kathsua]

The First Amendment protests the free speech rights of Americans — but apparently not those of pro-life advocates singing Christmas carols on a public sidewalk outside a local abortion business in Falls Church, Virginia.

Alliance Defending Freedom sent a letter Monday to the Falls Church Police Department after two officers told several Christmas carolers to stop singing on a public sidewalk outside of an abortion business. One of the carolers captured the officers on video informing the carolers that singing is prohibited under a noise ordinance and that they must cease singing.

The letter explains that police cannot use the ordinance to stop a constitutionally protected free speech activity, like common Christmas caroling, on a public sidewalk. The letter asks the city to rescind its ban on Christmas caroling in time for the carolers to return to the sidewalk at noon Wednesday.

“No city ordinance can trump the First Amendment. It’s preposterous to think that any noise ordinance can or should be used to stop the singing of Christmas carols on a public sidewalk,” said ADF Senior Counsel Matt Bowman. “We have come to an odd place in America when an abortion business thinks it can silence Christmas carolers. The police should not be willing to do their bidding.”

In the video, two Falls Church police officers are seen speaking to the carolers while they are singing “Silent Night” at 900 S. Washington St. The officers inform the group that “the singing violates our ordinance.” One of them then displays a copy of the city’s noise ordinance, which states, “It shall be unlawful for any person to yell, shout, talk loudly, whistle or sing on any public street or private property in the city at anytime, so as to cause a noise disturbance.”

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Mary Flores, the caroler recording the video, then asks for clarification from the officers, “It says here…that there’s no singing allowed?” “Yes, ma’am,” the officer replies. Flores’s daughter then asks, “Isn’t this public property?” The officer responds, “Unfortunately it’s a noise ordinance violation, on public or private property.”

After receiving the officers’ threat of citation under the city ordinance, Flores and the group stopped their caroling for fear of prosecution. The ordinance imposes a penalty of “confinement in jail for not more than 12 months and a fine of not more than $2,500.00, either or both.”

The ordinance defines “noise” as “any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans,” and “noise disturbance” as “any sound which: (1) Endangers or injures the safety or health of humans or animals; (2) Annoys or disturbs a reasonable person of normal sensitivities….”

“The Constitution prohibits the City of Falls Church from threatening pro-lifers with fines and jail time for singing Christmas carols on the public sidewalk…,” the ADF letter explains, concluding that the ordinance violates freedom of speech and is unconstitutionally vague.

“Christmas carols are obviously not a ‘noise disturbance’ to ‘a reasonable person of normal sensitivities’ as set forth in the ordinance…. Instead, the officers imposed their Christmas-caroling ban solely as a response to the hostility of abortion facility staff to the pro-life Christian viewpoint…. The fact that abortion workers are ‘annoyed’ or ‘disturbed’ by the singing of ‘Silent Night’ outside the location where they assist the destruction of infant humans is not a legitimate basis under the First Amendment to suppress the singing.”

[kathsua]

Is Falls Church still in America?

[o_1_2_3__]

It’s Mecca now, I think.

[103198]

If we could just jettison it to DC or Mary Land, we'd be a lot better in the Commonwealth.

[blackdog]

Nothing more important than that brass ring of a public pension. Mayor say's "Jump", chief say's "How High?", cops say "Right away chief".

Policing sure has become something different in a very brief time span. It took about 20 years in most places. A little more in others.

[healy61]

The group should have kept singing, and appointed one person to tell the cops to start arresting because they wouldn’t stop. The magistrate setting bonds would hear from the sheriff real quick that they can’t load the jail with Christmas carolers.

[doc1019]

Just step back a few hundred feet and sing louder.

[G Larry]

No, singing is NOT prohibited by any noise ordinance!

Tell them some Hollywood slut sang Silent Night during her abortion, so its ok.

[blackdog]

That “Newborn King” part really gets em riled up. There is only one newborn king, and his name is Barry.

[Theodore R.]

Most Americans probably know deep down know that they have surrendered their own freedom of speech.

[Sicon]

Now, if they’d laid down some prayer rugs, and said “Allahu Akbar!”, and maybe raped some 12-year olds, the cops would have been saying (to everyone else), “Nothing to see here, move along.”

[Steelfish]

This would be unconstitutional.
Time to take back America, make America great again, restore our liberties, and thrash the living daylights out of those who would like to turn our nation into a salad bowl of cultures.

[Jack Hammer]

“...under a noise ordinance...”

That’s a hot one.

[zerosix]

Ah yes, Black Lives Matter can shut down Malls, City Hall and interstate highways but pro-lifers are told no singing on public sidewalks, lest the abortionist, his/her helpers and mothers about to have their unborn baby chopped up, might listen and think of baby Jesus!

[qaz123]

I’m in law enforcement. And the more I hear about cops doing stuff like this, the more I hate them myself. These clowns are no different than the sh*theads in Dearborn that locked up the Christians.

[Bob434]

but yet westborrow ‘Baptist church’ can say “God hates fags” and “God hates soldiers” at the funerals of servicemen and they are ‘protected under the constitution’

This should be taken to court and these officers removed from office for taking it upon themselves to violate the constitution

[Bob434]

...under a noise ordinance...

Did they have a decibel meter? IF not, then they have no case

[TBP]

They need a good FReep. As many FReepers as possible should show up Wednesday and sing.

[major-pelham]

+1.

[sergeantdave]

“The magistrate setting bonds would hear from the sheriff real quick that they can’t load the jail with Christmas carolers.”

Electing a pro-2nd amendment, Constitutional sheriff is the key to reigning in out-of-control municipal cops. During his elected tenure, the sheriff in my county has driven out two police chiefs in the county who were harassing citizens.

[Hot Tabasco]

Just thought I’d take you away from the animal rights thread where your comments here will be relevant.......Enjoy......