DEARBORN, Mich. (Michigan News Source) – The City of Dearborn would not specifically state whether Muslim mosques call to prayer that starts as early as 5:30 a.m. and continues five times a day violates its noise ordinance.

Call to prayer.

When asked if the call for prayer that is broadcasted over a loud speakers violated the city ordinance, the city of Dearborn simply sent a copy of the city ordinance to Michigan News Source.

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But this controversy may have been decided in court more than 40 years ago. In 1979, the city attorney for Dearborn filed a lawsuit against the Moslem Mosque for broadcasting the call to prayer, which lasts 90 seconds. Newspaper reports in 1983 said the mosque won the case as the court ruled the call to prayer was protected under the First Amendment, not unlike a church that rings its bells. The Catholic Church has a tradition to ring bells at 6 a.m. for the Angelus, a prayer that commemorates the Annunciation.

The call to prayer in Dearborn appears to be in violation of the city ordinance.

One section of the ordinance states, “Loudspeakers (amplified sound). Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device between the hours of 10:00 p.m. and 7:00 a.m., such that the sound therefrom creates a noise disturbance across a residential real property line.”

Another section of the city code states, “It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing, unusual or unnecessary noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the limits of the city.”

Despite being practiced for more than 45 years in the city, the call for prayer issue has resurfaced after Dearborn Mayor Abdullah Hammoud made national headlines during a September city council meeting when he told a Christian resident he’s not welcome in Dearborn. Hammoud has not retracted or apologized for his comments.