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ACLU tells midstate borough: Allow playing of taps or face lawsuit

Written by Mark Scolforo, The Associated Press | Jul 6, 2017 2:04 AM
glen_rock_taps_navy.jpg

Joshua Corney stands for a portrait outside his Glen Rock home on Saturday, July 25, 2015. Corney, a lieutenant commander, is serving his 18th year in the U.S. Naval and recently moved his family to Glen Rock, where he grew up. Corney plays a recording of "Taps" outside his home every evening at 8 p.m. in remembrance of military service members, and plans to build a memorial for local veterans at the bottom of his driveway. (Photo: Chris Dunn, York Daily Record)

(Undated) -- Lawyers for a naval officer who broadcasts taps nightly from speakers outside his home in tribute to the military told a Pennsylvania borough council president to expect legal action if officials don't stop trying to restrict the practice.

The American Civil Liberties Union of Pennsylvania said in a letter Wednesday that a cease-and-desist order against Lt. Cmdr. Josh Corney is unconstitutional.

Corney is complying with a demand from the borough last month that he play taps on Sundays and certain holidays only, but he wants that rule overturned.

"When the borough singles out Lt. Cmdr. Corney's 'Taps' performances on private property for censorship as a 'nuisance,' while allowing other similarly loud or louder, longer-lasting religious or commercial musical performances on private property to continue, it is engaging in content-based discrimination," his lawyers wrote.

The lawyers said they will seek a federal injunction if the borough doesn't reverse itself by Friday. Messages seeking comment weren't returned by the council president, Doug Young, or by the borough's solicitor.

Corney, 38, on active duty and stationed in Maryland, has been deployed overseas eight times, including to Iraq and Afghanistan. He said it was seeing Americans killed while serving their country that inspired his musical gesture.

"I thought to myself and prayed to God that if he brought me home, I would do something to remember the sacrifices that our men and women made for myself, my family and my country," he said.

After moving into a home on 5 acres in Glen Rock, a town of about 2,000 residents where he lived as a boy, he made the taps broadcast his first priority in April 2015, setting up three amplified speakers in the front of the house. He picked a slower, hymn-like 57-second version of the tune, which is traditionally played at the end of the day.

At first, he had to put on a CD every night, but eventually established a fully automated system that was timed for 7:57 p.m., coinciding with bedtime for his six young children and ending just before a nearby church's bells chimed.

He says it's sometimes possible to hear the recording in the middle of town, about a quarter-mile away, but not always.

"A nearby church is permitted to play amplified recordings of hymns twice a day, church bells are allowed to peal at regular intervals, and a local restaurant has been granted permission to amplify its live outdoor musical performances," Corney's lawyers wrote to Young.

They said other common noises louder than Corney's taps include lawnmowers, hedge trimmers, leaf blowers, chain saws and "the exuberant cries of children playing a raucous game."

Early in 2016, Corney was told the borough had received a complaint, which he tried to work out with the neighbor who had lodged it.

Others rallied behind Corney's efforts after a second complaint was made in November.
He said he made more adjustments by lowering the volume and redirecting the speakers, but that didn't satisfy a neighboring family's complaints.

Then, on June 23, the borough wrote him to say his broadcast of taps violated its nuisance ordinance, and told him to limit it to Sundays and a limited number of "flag" holidays.

After the 57-second song finished, scattered applause could be heard from the front lawn of Joshua Corney's property.

An earlier story appears below. 

(Undated) -- Lawyers for a naval officer who broadcasts "Taps" nightly from speakers outside his home in tribute to the military say they'll take legal action if a Pennsylvania borough doesn't stop trying to restrict the practice.

The American Civil Liberties Union of Pennsylvania tells the president of Glen Rock Borough Council in letter released Wednesday that a cease-and-desist order against Lt. Cmdr. Josh Corney is unconstitutional.

Corney wants to overturn a rule passed by the borough council that limits "Taps" to Sundays and certain holidays.

The ACLU argues that treating his nightly ritual differently than other noises violates Corney's constitutional rights.

The ACLU letter says if the borough doesn't reverse itself by Friday, it'll seek a federal injunction.

The council president didn't immediately return messages.

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