November 28, 2005
FOR IMMEDIATE RELEASE
CONTACT:
media@aclu.org INDIANAPOLIS –
Acting on behalf of a the union leading a local “Justice for Janitors” campaign,
the Indiana Civil Liberties Union today filed a lawsuit suit asking a federal
court to declare Marion County’s noise ordinance unconstitutional and block the
City of Indianapolis from enforcing the ordinance against the group.
“The Indianapolis Noise Ordinance is so overbroad and vague that
it prohibits a great deal of speech that is protected by the First Amendment,”
said ICLU attorney Jacquelyn Bowie-Suess. “The city’s use of the ordinance
against the ‘Justice for Janitors’ campaign prevents the janitors from
effectively delivering their message.”
Since mid-June of 2005, the
Service Employees International Union (SEIU) Local 3 has led a “Justice for
Janitors” campaign centered on an unfair labor practice strike on behalf of
janitors against Group Service France. The strike consists of picketing on city
sidewalks in downtown Indianapolis, where the union and its supporters use
various noisemakers, including bells and drums.
The ordinance,
Section 391-302 of the Revised Code of the Consolidated City and County of
Indianapolis/Marion, Indiana, prohibits “loud, unnecessary or unusual noise,”
including yelling or the use of musical instruments.
SEIU lead
organizer Rebecca Maran filed an affidavit with the court saying that
Indianapolis Police Department officers have reprimanded the picketers on dozens
of occasions and issued several citations for violation of the Noise
Ordinance.
The case has been assigned to U.S. District Court Judge
John Tinder. No hearing has yet been set on the ICLU’s request for a preliminary
court order to prevent the unconstitutional enforcement of the ordinance.
