Unlike Katie Holmes, the city’s Department of Environmental Protection hasn’t been able to beat Scientology.
A DEP inspector slapped a noise violation on the controversial group when he was answering another complaint in Midtown Oct. 18 and came across two large flat-screen TVs blaring “commercials” outside its headquarters at 227 W. 46th St.
Using a sound device for commercial advertising is banned by the city’s Administrative Code.
A Scientology representative challenged the $700 summons by arguing that the group is a religious organization and the TV and speakers were being used to spread the tenets of the church, not to sell anything.
A hearing officer at the Environmental Control Board agreed, and dismissed the violation.
The DEP decided to appeal. It claimed that the Scientologists support themselves, at least in part, through the sale of materials and memberships, and the TV screens and speakers were designed to promote those sales.
In a previous case in 1997, the owner of the Full Gospel Book Store was slapped with a fine for playing gospel music through loudspeakers to attract customers to his shop.
But the appeals panel at ECB found that the Scientologists were perfectly within their rights to peddle their unconventional religion.