October 27, 2009 It doesn't matter how loud the rock 'n roll gets on the sidewalks of Hampton Beach, New Hampshire. It's the gospel songs and the words of grace that officials there find deafening.
New Hampshire has a law on the books that protects citizens of every community against any noises folks consider "unreasonable or loud." Of course, a law that vague tends to come in for pretty erratic enforcement, and nowhere more so than in the busy Hampton Beach area, where the village precinct often sponsors local bands to help drum up business for the shops. The music can get very loud, but police usually ignore that, for the sake of commerce.
They took a very different attitude, though, when three Christians recently stepped out onto the sidewalk and began politely sharing their faith and singing some worship songs for some of the passing crowd. The rock music jamming nearby was so loud, though, that the young preachers had trouble being heard.
Soon, the three were approached by a police officer, who informed them that they were violating the local noise ordinance and told them to be quiet. The trio did as he asked, moved two blocks over, and began preaching and singing again.
The policeman reappeared and immediately arrested two of the men for being too loud. Once they were in custody at the nearby station, other officers began chiding the two Christians with words that sound like something from the book of Acts.
"Where's your God now?" they asked. "There's no God behind these walls."
Despite what the arresting officer had told them, the two were charged not with the noise ordinance but with disorderly conduct. The Hampton District Court dismissed the charges, but the three men were sufficiently intimidated that they haven't taken the Gospel back out to the sidewalks... despite their clear constitutional right to do so.
Earlier this month, ADF-allied attorneys filed suit in federal court challenging the vagueness of the state law and the town's arbitrary and discriminatory enforcement of it. You can read the
complaint and
motion for preliminary injunction. ADF-allied attorney Michael Tierney of the Manchester firm of Wadleigh, Starr & Peters, PLLC, is lead counsel in the case, while ADF-allied attorney John Anthony Simmons of Hampton is co-counsel.
"
Christians shouldn't be arrested for expressing their beliefs," says ADF Senior Counsel Joseph Infranco. "
Arresting someone simply because he chooses to exercise his rights that are protected by the First Amendment in a public place is unconstitutional. These young men were singled out and arrested for sharing their faith while much noisier activities have not undergone the same scrutiny. It is our hope that, among other things, this suit will result in a more properly worded state statute."
Sidewalk preaching is sometimes uncomfortable, even for Christians – but there's a strong biblical precedent for it, and it's one of the basic and essential religious freedoms protected by our Constitution. Please pray for those who are speaking their faith... and the lawyers who defend that liberty.