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Lawsuit Challenges Coney Island Concerts Invoking Protection of Nearby Religious Services

By Howard M. Friedman

In Brooklyn, New York, opponents of a proposed $64 million amphitheater project in Coney Island's Asser Levy Park filed suit in state court yesterday, invoking a city law designed to protect religious congregations. (See prior related posting.) The law prohibits amplified sound within 500 feet of religious institutions, schools, courthouses and other gathering places when they are in session. An Orthodox synagogue, Sea Breeze Jewish Center, which is 300 feet from the park, has services every day. In the summer, evening services run until 10:00 p.m. Already police do not issue sound permits for the park for Friday and Saturday nights because of larger services at the synagogue on the Sabbath. But up to now synagogue members have not complained about concerts on other nights in the park's existing band shell. Now however, according to the New York Daily News, these weekday concert are being challenged. At stake are this year's free summer concerts (schedule), including ones by the Beach Boys and Neil Sedaka. A hearing is scheduled for June 30; the Neil Sedaka concert is scheduled for July 15. Plaintiffs say if they win on these concerts, that should establish precedent for stopping the entire amphitheater project.

Full post as published by Religion Clause on June 18, 2010 (boomark / email).