ACLU,Virginia Supreme Court Declares Virginia Beach Noise Ordinance

Subject: ACLU

...thought you'd be interested in this one...

Dennis,

Just came upon this.

Virginia Supreme Court Declares Virginia Beach Noise Ordinance
Unconstitutional

http://www.aclu.org/print/free-speech/virginia-supreme-court-declares-virgin
ia-beach-noise-ordinance-unconstitutional

One more for your "noise" file!

The Mole

Free Speech

Virginia Supreme Court Declares Virginia Beach Noise Ordinance
Unconstitutional
April 17, 2009
Thomas Jefferson Center and ACLU of Virginia filed amicus brief on behalf of
club owners arguing that ordinance violates the First Amendment because of
vagueness

FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org

Virginia Beach, VA - The Virginia Supreme Court today struck down Virginia
Beach's noise ordinance because it is unconstitutionally vague. The
ordinance prohibits "any unreasonably loud, disturbing and unnecessary noise
in the city" that "disturb[s] or annoy[s] the quiet, comfort or repose of
reasonable persons."

"We are pleased with the Court's decision to strike down this law," said
ACLU of Virginia Executive Director Kent Willis. "Virginia Beach is free to
control noise, but it must do so in a way that is reasonable and precise so
as not leave residents and business owners guessing whether or not they are
violating the law."

The case, Tanner v. Virginia Beach, was filed by Bradley Tanner and Eric
Williams, owners of The Peppermint Beach Club in Virginia Beach, who were
frequently cited under the ordinance. The owners presented a broad range of
evidence to show that the ordinance is vague and unevenly enforced. Police
witnesses admitted that they use their own subjective judgment to decide if
someone is violating the ordinance.

"The ordinance was not even clear to law enforcement officials," added
Willis. "The vagueness of the law left it wide open for abuse by police who
were free to interpret it differently depending on whom they were applying
the law to."

"Everyone benefits when laws are clear and unambiguous, and that is
especially true when the First Amendment is implicated," said Willis.
"Hopefully, Virginia Beach's next noise ordinance will both protect free
speech and give residents, business owners and law enforcement officials
specific directions when noise is an issue."

Virginia Beach could correct its noise ordinance by stating a maximum
decibel level at which sound can be heard at a specified distance from its
source, as other localities have done. In this way, there is a quantifiable
method by which to decide if someone is being too loud.

The ACLU of Virginia and the Thomas Jefferson Center for the Protection of
Free Expression filed a friend-of-the-court brief on behalf of Tanner and
Williams in December 2008 arguing that the ordinance violated the First
Amendment.

Published on American Civil Liberties Union (http://www.aclu.org)
Source URL:
http://www.aclu.org/free-speech/virginia-supreme-court-declares-virginia-bea
ch-noise-ordinance-unconstitutional

Big

...freedom isn't free: its price is eternal vigilance . . .