OCEAN CITY -- Ironically just in time for the Fourth of July and all of the crowds and noise the holiday brings, a federal judge on Wednesday issued a preliminary injunction prohibiting the town of Ocean City from enforcing its 30-foot noise ordinance as it relates to street performers.
On April 10, the American Civil Liberties Union (ACLU) filed suit in federal court on behalf of violinist William Hassay, Jr. challenging the town’s noise ordinance changes on the Boardwalk the organization believes are an attempt to silence musicians. In the suit filed against the Mayor and Council and then-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 in freedom of speech and expression in a public forum.
While the suit ultimately seeks a reversal of the town’s changes to its noise ordinance on the Boardwalk, the legal process could take several months to unfold. In the meantime, Hassay’s attorneys were seeking a preliminary injunction, which, if approved, would force the town to suspend the enforcement of the 30-foot rule on the Boardwalk until the case is resolved, likely the rest of the current summer season.
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7 comments:
Thank god for common sense..the laws are so restrictive these days..it is dam near impossible to have any fun..street performing is american as pie
maybe they could send back the parking fee machines they bought for north ocean city and charge these street performers a larger fee for a permit for needed revenue? Of course the performers would go ballistic but I can only think how paid parking in front of condos is going to lower it's value which means less property tax for the city.
This would also get rid of the less talented street performers.
with all the crap they allow in this town and they try to stifle a violin street performance. really...
The gestapo choses who can make noise and who cant,it's for some not all.
30 feet? Really? A Harley meets this?
HaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHa!
I thought Joe Hall left office.
Kudos for getting the goat of the "good ole boyes" in OC -- their buddies on the Worcester County Circuit Court would have ruled in their favor.
Where's Harry Kelley when we really need him -- and Jack Sanford, too?
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