U.S. Judge Orders Halt To Couple'S Limit On Home Prayer Meetings
Associated Press
July 06, 2001

HARTFORD Conn. (AP) - A New Milford couple who hold prayer meetings in their home have won a court battle over how many people can attend the Sunday gatherings.

In issuing a temporary injunction against the town, A federal judge ruled that officials violated Robert and Mary Murphy's freedom of religion by limiting the number of people because of traffic concerns.

"We thank God the Constitution is working," Mary Murphy said Friday.

U.S. Magistrate Judge Holly B. Fitzsimmons, in Bridgeport, ordered a halt to the enforcement of a zoning rule that regulates a "permitted use" of a residence.

Town officials, responding to neighbors' complaints about numerous cars parked in the dead-end street, last year limited attendance to no more than 24 people other than family members.

The Murphys, who had invited up to 40 participants to the prayer meetings they began seven years ago, said the order violated their constitutional rights to freedom of religion and peaceful assembly.

"We'd like to sit down with the neighbors and work something out," Mary Murphy said. "We're just going to continue to do what we've been doing. It's quiet and peaceful."

In her preliminary ruling Thursday, Fitzsimmons said that the town's action "imposed and threaten to impose a substantial burden on the exercise of their religious beliefs."

The Murphys were represented by the American Center for Law and Justice, a legal group that focuses on family and religious issues. The organization, based in Virginia Beach, Va., hailed the decision.

"This is a complete and total victory for our clients and the First Amendment," said Vince McCarthy, senior counsel. "This ruling sends an important message that the government cannot act as the 'prayer police' and censor legal and lawful religious expression."

Kathy Castagnetta, New Milford's zoning enforcement officer, declined to comment. She said town officials had not yet read the ruling.

The judge, citing federal law enacted last year protecting freedom of religion and property rights, said town officials were "directly intruding into activities" in the Murphys' home in a mistaken attempt to regulate outdoor traffic. Neighbors' complaints about cars did not justify limiting the prayer meetings, the judge said.

McCarthy said he will return to court to seek an order making the preliminary injunction against the town permanent.

I attend a home Bible study and prayer meeting every Thursday night. This study has been held here for 20 years. I am glad that the right decision was made in the case you mention.

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