City Noise Ordinance Ruled Unconstitutional
Today, Richmond General District Chief Judge Robert A. Pustilnik declared the city’s noise ordinance unconstitutional. The city has until the 14th of December to appeal the decision.
The City Council unanimously approved the ordinance Feb. 22. During daytime hours, the ordinance prohibits sound such as a television or the playing of a musical instrument if it is “plainly audible” inside someone else’s home or at 50 feet away or farther.
The ordinance exempts sounds related to religious expression, such as sounds from religious services or events, including singing, bells and organs. Steven Benjamin, who is representing the four people charged, argued at a hearing last month that the exemption violates the First Amendment, and he said the law was unconstitutional because it was too broad. [RTD]
The word I got from Charles Samuels tonight is that this ruling applies no further than the district court in which it occured. Nevertheless it is a wrench in the works and sure to cost more money before it is finished.
Since the statute was enacted by and within the City of Richmond, does the ruling need to apply anywhere else to totally nullify the law?
Personally, I feel this religious exemption is bull hockey!
Just this past Sunday I was inside my home (with the windows closed) and has a church function at the other end of my block. There was this thump-thumping music that was so loud I had to turn my TV up to hear what was going on. I called the police to complain and they sent an officer who said the curch had a permit and there was nothing that could be done about it. She also told me (oddly enough since this was just ruled on yesterday) that the ordinance was unconstitutional!