Last April, 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 alleged the enforcement of the town’s 30-foot noise ordinance on the Boardwalk infringed on Hassay’s, and other performers’ fundamental right under the First Amendment to engage in freedom of speech and expression in a public forum.
In July, U.S. District Court Judge Ellen Hollander issued an opinion granting a preliminary injunction and essentially prohibiting the town from enforcing the 30-foot rule for street performers on the Boardwalk until the case was resolved, which ultimately carried over for the rest of the summer season. With the preliminary injunction in place, all that was left to be resolved was the long-term future of the town of Ocean City’s 30-foot rule for Boardwalk street performers and what, if any, damages should be paid by the city to Hassay.
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7 comments:
I feel bad for the OC taxpayers. A few legislators who "know better" try to change the culture of the boardwalk, and it turns into a $21,000 pissing match. And the taxpayers end up with the wet shoes.
The only time my wife and I go to Ocean City is at night to walk the Boardwalk and listen to the performers.
To the people performing are a very integral part of the boardwalk experience.
Once again the taxpayers pay for the arrogance and illegal actions of its' public servants.
We need to hold public servants personally accountable for their actions and remove the color of law defense from them.
They have no incentive to obey the same laws we are forced to obey. When it starts coming out of their own pockets, and time in jail, maybe we will get more professionals and better service.
And that includes ALL public servants. From the mayor to the police to the street sweeper. No more free rides and irresponsible actions.
If you are going to make a noise law, it must name hard mathematical decibel numbers at a certain distance. Since there is so much ambient soung surrounding anyone trying to take a reading, enforcement then becomes impossible.
So, drop it. If someone is getting loud and disorderly to where there are a lot of complaints and no response to warnings, well, maybe a ticket or two. Make the noise not profitable, and it will go away.
Meanwhile, enjoy the music, which some claim is NOT NOISE! If I get offended by a noise, I have 2 feet I know how to operate.
Meanwhile, enjoy the music, which some claim is NOT NOISE! If I get offended by a noise, I have 2 feet I know how to operate.
November 22, 2013 at 3:46 PM
Gee, how radical is your idea! Actually leave the area of discontent. I bet you are the only one who ever thought of that, since everyone else wants to pass yet another law.
There is someone on here with common sense. Kudo's.
Congrats to this guy. Any street performers music is not loud. And if you dont like it keep walking. Not sure I understand him awarded atourney fees if he was represented pro-bono, or maybe that was only one of his. OC should focus more on crime on the boardwalk and Town than harrasing these people who really are just trying to make a living. And who says they dont pay taxes??
10:20 PM
He was awarded lost wages.
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