OCEAN CITY -- Ocean City’s street performer laws are under attack again this week after the American Civil Liberties Union (ACLU) filed suit in U.S. District Court on behalf of a Boardwalk violinist, alleging the town’s 30-foot noise ordinance on the historic promenade is unconstitutional.
The ACLU filed suit in federal court on Wednesday on behalf of violinist William Hassay, Jr. challenging the town’s noise ordinance changes on the Boardwalk they believe is an attempt to silence musicians. In the suit filed this week against the Mayor and Council and acting-Police Chief Michael Colbert, the ACLU alleges the enforcement of the town’s 30-foot noise ordinance on the Boardwalk infringes on Hassay’s, and other performers’ fundamental right under the First Amendment to engage freedom of speech and expression in a public forum.
Last year, the Mayor and Council approved an ordinance setting the acceptable limit on noise in any form on the Boardwalk to 30 feet. Essentially, the ordinance was directed at several Boardwalk merchants who habitually play loud music from speakers on their stores, but caught up in the fray were the numerous Boardwalk street performers and musicians whose music often extends beyond the set 30-foot limit.
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Unless a decibel level is called out at the 30 foot range, normal voice conversation would have to be illegal. in a low noise environment, I can easily hear a conversation 30 feet away, can't you?
ReplyDeleteread this in the Daily Crimes today. He stated he made as much as $25K over the summer. In as much as this is cash, I wonder if he claimed this as income. Probably not and the IRS should look into. He probably voted for Obama and go a free phone.
ReplyDeleteHey 10:06 - I betcha you have cheated on your taxes before too, just as most Americans have. ESPECIALLY U.S. Politicians!
ReplyDelete11:14 GET OFF YOUR PARENTS SOFA IN THEIR BASEMENT AND GO GET A JOB WITH THAT PHILOSOPHY DEGREE
ReplyDeleteProbably not and the IRS should look into. He probably voted for Obama and go a free phone.
ReplyDeleteApril 12, 2013 at 10:06 AM
Punk snitch
I can't stand the boardwalk performers.
ReplyDelete2:44 they're a bunch of damn Gypsies.
ReplyDeleteAnonymous said...
ReplyDeleteUnless a decibel level is called out at the 30 foot range, normal voice conversation would have to be illegal. in a low noise environment, I can easily hear a conversation 30 feet away, can't you?
April 12, 2013 at 9:55 AM
I don't know if it's been challenged in court yet, but it seems to me setting a distance is not reliable. Different people hear differently. Some can't hear at all. Kind of a dumb way to measure noise. I would think using the decibel level would be a much more accurate, reliable and fair way to measure the levels of noise.
But, it is O.C. and we know how things work (or not) there. I wonder which one of those 100 grand a year salaried geniuses came up with that method.