Clear as a bell?

A local ice-cream peddler sued the Township Council Wednesday, claiming a new law banning vendors from playing amplified jingles violates his free-speech rights.         Jeffery S. Cabaniss of Jef-Freeze Treats said the township's "unconstitutional" March 3 ordinance left him no choice but to file the lawsuit in U.S. District Court in Trenton.         The new law limits the ways in which local vendors - toting their wares through local neighborhoods - can alert the public to their presence.         "At no time shall a vendor be permitted to use a sound device, mechanical bell, mechanical music, mechanical noise, speakers, amplifiers or any other similar type sound device in conjunction with selling the product," according to the ordinance for this Ocean County township.         The measure also prohibits vendors from shouting, crying out or blowing horns. But it does allow for one option: hand bells.         Cabaniss said Wednesday that he shouldn't be forced to use hand bells while vending his soft ice cream. His regular tune is "Turkey in the Straw."         "By reducing me to using bells, I lose my identity," he said. "It's like taking the golden arches away from McDonald's."         The lawsuit, which also lists resident William S. Fessler and "Manahawkin United in Support of Ice Cream" as plaintiffs, asserts that government cannot regulate free speech.         "The clear intent of Ordinance 98-27 is to unconstitutionally ban the use of music by vendors doing business in the town," according to the lawsuit. "It also distinguishes between speech on the basis of content and permits and encourages the suppression of speech encourage by the Constitution of the United States."         The lawsuit also alleges that the township is discriminating against vendors, since politicians, candidates and merchants operating from a fixed location can advertise and communicate freely.         But, Thomas Monahan, the attorney representing the township, said Wednesday that the governing body did not seek to discriminate or restrict free speech.         "It's not a First Amendment issue," Monahan said. "What we're prohibiting is noise. We're not prohibiting messages."         Township mayor Carl Block said he stands by the newly passed ordinance. "You are allowed to regulate commercial speech," he said. "You aren't allowed to regulate personal speech."         The elected leader said he does not understand why Cabaniss turned to the courts when he knew the township was "earnestly" seeking a compromise to the law.         Cabaniss' attorney, L. Gilbert Farr, said Wednesday that his client had waited long enough for a possible compromise.         With the warm weather approaching this weekend, Farr said Cabaniss is eager to begin selling ice cream and alerting customers with his usual jingle.         The attorney has advised his client to use the tune, although U.S. District Judge Mary L. Cooper did not order the township Wednesday to temporarily halt its ordinance.         The judge is expected to rule on a temporary restraining order after hearing arguments from both sides on April 20.         Under the new law, violators could face as much as $1,000 fines.

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