Monday through Saturday at 8:45 a.m. the bell rings at St. Thomas
More Catholic Parish.
It chimes for a minute — one gong following
another.
While some might find the chimes a comforting reminder
that the day is under way, not so for John Devaney.
They disrupt his
life and helped precipitate the demise of his marriage, according to a
lawsuit filed in U.S. District Court.
Devaney lives directly
across Rockland Street from the picturesque church. He is asking the
court to order it to reduce the number of bell claps and gongs so he can
“peacefully enjoy” his property.
A towering man with white hair,
Devaney has long complained about the bell, the lawsuit says. The church
bell did not operate when he and his now ex-wife bought the 1885
clapboard house — the former parish rectory –– 18 years ago.
About
six years later a new church administrator came in. The bell was
upgraded to operate electronically. It began ringing, its sounds
amplified, the suit says.
The bell also chimes at noon and 6 p.m.
each day, 4:45 p.m. on Saturdays, and 7:45 a.m. on Sundays, the suit
says. It tolls for weddings and funerals.
Devaney
counts 700 “claps” and “gongs” each week, more than 36,000 throughout
the year.
The sounds, the suit claims, represent a permanent trespass,
interrupting Devaney’s dreams, his thoughts, his family relationships.
At times, he wears earplugs.
The end result for Devaney is arguments, bad moods and emotional distance, the suit claims.
The
town’s response to Devaney’s numerous complaints is one that applies in
most communities: places of religious worship are exempt from noise
ordinances by town code.
“We don’t believe we can regulate that noise,” interim Town Manager Richard I. Kerbel said.
The
church offered a statement through the Catholic Diocese of Providence
explaining that the bell was restored years ago through the generosity
of a parishioner.
“So many in the community have enjoyed hearing
the bell for more than 10 years for but minutes a day. The parish
believes the brief ringing of the bell is reasonable and well within its
rights,” the statement reads.
“The parish community is saddened that a
sole individual would continue personal, inappropriate attacks harassing
visitors, worshippers and staff of St. Thomas More Parish. As a
community of faith, we will pray for peace and understanding and that
all our neighbors know of our charity and concern.”
The diocese
would not elaborate on the nature of the parish’s complaints against
Devaney.
He has not faced criminal charges, according to the police.
Devaney, 64, served on the Narragansett School Committee in the late 1990s.
In Providence, an issue arose between Hotel Providence and the storied Grace Episcopal Church downtown regarding its bells.
Staff
at the luxury boutique hotel on Mathewson Street approached church
leadership soon after the Rev. Jonathan Huyck’s arrival three years ago.
At the time, the church bells sounded every 15 minutes throughout the
day.
“It seemed to me that maybe ringing every quarter hour was a bit much,” Huyck said.
After meeting with the hotel, the church dropped the frequency to every half hour.
“We are very close neighbors. We love having them there,” Huyck said.
Perhaps once a year, Huyck fields a complaint about the bells, he says.
“Our
response is to explain, ‘We’ve been doing this for 150 years. This is
part of the fabric of the neighborhood. We’re sorry you don’t like it,’”
Huyck says.
It’s a clash that reverberates in other states as
well. An innkeeper in Bath, Maine, complained to no avail about losing
guests due to the city clock chiming on the hour, according to the
Coastal Journal.
Devaney’s lawsuit names Attorney General Peter F.
Kilmartin, Diocese of Providence Bishop Thomas J. Tobin, Archbishop
Carlo Maria Vigano, apostolic nuncio to the United States, and Pope
Francis as defendants.
He challenges the constitutionality of a
state law that dictates that “a governmental authority may not restrict a
person’s free exercise of religion.” He asks that the court declare it
“null and void” and bar Kilmartin from enforcing it.
He also takes
aim at St. Peters by-the-Sea Episcopal Church, which chimes around the
corner from his home. He names Linda O’Neill, its administrator, as a
defendant as well.
Devaney, who is acting as his own lawyer,
argues that state law denies protections afforded him under the Firstand
Fourth Amendmentsto the U.S. Constitution and denies him the “peaceful
enjoyment of his property.”
He asks the court to order the town to enforce its noise ordinances, and the churches to reduce the number and volume of chimes.
He
is seeking unspecified monetary damages for the disruption of his life
“these past number of years, day in, day out, day in, day out” caused by
the chimes.
The attorney general’s office declined comment.
Officials at St. Peters did not return two phone calls.