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Reply to "Atlantic Beach Police illegal Arrest Pastor Price"

"The town said the [Atlantic Beach CME Mission Church] was violating its noise ordinance.  Why [Darnell Price] was singled out for the unrest is questionable.  This is the case that the U.S. Supreme Court has decided to hear."  Quote by Windy Price.

 

The U.S. Supreme Court only agrees to hear about 100 cases per year.  The above is not one of them.

 

U.S. District Judge Terry L. Wooten, in an Order dated February 18, 2010, wrote:

 

"However, the plaintiffs have submitted no caselaw suggesting, nor does the evidence in the record indicate, that the Atlantic Beach police department acted outside the scope of its authority in enforcing the municipal noise ordinance. All testimony introduced into the record indicates that the plaintiffs were aware of the municipal noise ordinance, but were of the belief that the CME Mission, as a religious institution, was exempt from the ordinance. However, the plaintiffs have not proffered evidence or caselaw to support the assertion that the ordinance does not apply to the CME Mission. There is simply no basis to conclude that the CME Mission was exempt from the ordinance."

 

"The evidence of record is relevant to a decision in this case. It indicates that residents and business owners in the area surrounding the CME Mission were very concerned about the noise emanating from the CME Mission. In fact, one police incident report detailing an occasion on which police responded to noise complaints at the church notes that the police received calls from a resident threatening “to sue the town for inaction.” (Doc. #42, exhibit 4 at p. 9). While the plaintiffs assert that the police department acted outside the scope of its authority to address the noise complaints by entering, as noted, the plaintiffs have not provided any legal authority to support this position. The

evidence of record shows officers entered the CME Mission to address the noise issues based on an ordinance in place. The record does not reflect that officers entered the CME Mission with the intentions of suppressing or engaged in conduct which suppressed religious beliefs or practices.

Thus, the Court concludes that the defendants are entitled to summary judgment on the plaintiffs’ Free Exercise claims filed pursuant to the provisions of 42 U.S.C. § 1983.4"

 

Windy Price has been advised in writing by the U.S. 4th District Court of Appeals that she is not a licensed attorney and may not file any pleadings with the court and that the Atlantic Beach CME Mission Church is not exempt from the appeal filing fee.

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