Spring Break
Students fight noise statute
Students object violation with lawsuit
CAROLYN CRIST
Issue date: 1/25/08 Section: News
Athens-Clarke County's noise ordinance is anything but constitutional, according to two University students.
William Hoffman and Robert Manlove, along with the Law Office of Charles A. Jones Jr., challenged the ordinance Thursday by filing a constitutional lawsuit against the government.
Although the students have not been cited for violating the ordinance, they said they want to fight for the free speech of students who have been cited.
"We believe the ordinance violates the students' rights under the free speech provision in the state's constitution, which is broader than the U.S. Constitution," Jones said. "Because the ordinance is so broad and indiscriminate, you can impose the same law in the Woodlands or downtown as you do in a residential subdivision or sheep meadow. That's just not appropriate."
Under the policy of "compliance through deterrence," ACC police officers do not issue warnings for noise violations. The Municipal Court judge sets the fine at $144 for the first offense and doubles it for each subsequent offense.
Under the noise ordinance, sound cannot be heard from 100 feet away after 11 p.m. on weekdays and after midnight on weekends. At all other times, a ticket is issued if sound is heard from 300 feet away.
At apartment complexes and duplexes, there is a five-foot restriction on sound. This covers a sweeping range of sound that may be consistent with the normal activities of those areas, Jones said.
The lawsuit is being filed as an overbreadth challenge, by which any citizen can question the constitutionality of the law.
"I became personally interested when a friend of mine received a citation at the Farmer's Exchange apartments," Jones said.
Hoffman and Manlove were referred to Jones after he spoke with several students about the idea.
"Evidence in this case will show that an ACC commissioner 'dissuaded' some fraternity students from moving into his neighborhood by threatening to call the police on them, literally, 'every time a peep is heard,'" Jones said. "That's not within the bounds of decency ... and this ordinance seems to allow that."
Several University students - Ashley Sanders, Michael Reed Carson, Charles Douglas Bodine and Jimmy Wearn - were cited last semester.
"I was having a party at my house when I got a citation," Wearn said, a sophomore from Lilburn.
Hoffman and Manlove presented the complaint at 3:45 p.m. Thursday, and the Superior Court has 30 days to respond. In a 60-day period of "discovery," both sides ask questions and are required to answer under oath. A Superior Court judge then will rule on the constitutionality of the law. The case is sent on automatic appeal to the state Supreme Court.
"I am confident we will win the case," Jones said. "I'm considering asking the judge to place a temporary hold on the ordinance ... because the constitutionality of the law is so important."
William Hoffman and Robert Manlove, along with the Law Office of Charles A. Jones Jr., challenged the ordinance Thursday by filing a constitutional lawsuit against the government.
Although the students have not been cited for violating the ordinance, they said they want to fight for the free speech of students who have been cited.
"We believe the ordinance violates the students' rights under the free speech provision in the state's constitution, which is broader than the U.S. Constitution," Jones said. "Because the ordinance is so broad and indiscriminate, you can impose the same law in the Woodlands or downtown as you do in a residential subdivision or sheep meadow. That's just not appropriate."
Under the policy of "compliance through deterrence," ACC police officers do not issue warnings for noise violations. The Municipal Court judge sets the fine at $144 for the first offense and doubles it for each subsequent offense.
Under the noise ordinance, sound cannot be heard from 100 feet away after 11 p.m. on weekdays and after midnight on weekends. At all other times, a ticket is issued if sound is heard from 300 feet away.
At apartment complexes and duplexes, there is a five-foot restriction on sound. This covers a sweeping range of sound that may be consistent with the normal activities of those areas, Jones said.
The lawsuit is being filed as an overbreadth challenge, by which any citizen can question the constitutionality of the law.
"I became personally interested when a friend of mine received a citation at the Farmer's Exchange apartments," Jones said.
Hoffman and Manlove were referred to Jones after he spoke with several students about the idea.
"Evidence in this case will show that an ACC commissioner 'dissuaded' some fraternity students from moving into his neighborhood by threatening to call the police on them, literally, 'every time a peep is heard,'" Jones said. "That's not within the bounds of decency ... and this ordinance seems to allow that."
Several University students - Ashley Sanders, Michael Reed Carson, Charles Douglas Bodine and Jimmy Wearn - were cited last semester.
"I was having a party at my house when I got a citation," Wearn said, a sophomore from Lilburn.
Hoffman and Manlove presented the complaint at 3:45 p.m. Thursday, and the Superior Court has 30 days to respond. In a 60-day period of "discovery," both sides ask questions and are required to answer under oath. A Superior Court judge then will rule on the constitutionality of the law. The case is sent on automatic appeal to the state Supreme Court.
"I am confident we will win the case," Jones said. "I'm considering asking the judge to place a temporary hold on the ordinance ... because the constitutionality of the law is so important."
Viewing Comments 1 - 10 of 21
mammola
posted 1/25/08 @ 12:14 PM EST
Sounds like a damn good idea. If any help is needed by these folks, I hope they won't hesitate to ask the student community for support. I know people who have gotten noise violations when they believe they were not being anywhere near the max noise level, but are afraid to take it to courts because that would be even more expensive than paying the ticket. (Continued…)
narf
posted 1/25/08 @ 12:46 PM EST
First of all the case is NOT sent to the State Supreme Court its sent to the State Court of Appeals and they decide if they even want to hear it. There is already tons of case law on noise ordinance laws in Georgia and these 2 students are going to loose. (Continued…)
sleep-deprived
posted 1/25/08 @ 1:02 PM EST
Some people have no respect at all for other people's comfort. I understand having parties on weekends but during the week is just mean. Do they not realize other people actually work and go to class in the mornings or have homework/studying to do at night? I live in an apartment complex and at all hours of the day (morning, afternoon and night) my roommates and I have to listen to bass pumping through the walls from many doors down. (Continued…)
Sarah
posted 1/25/08 @ 4:56 PM EST
News flash: The laws are there for everyone's good, not just to spite obnoxious party animals. Think you have the right to have a loud party at 2 am on a Thursday night? What about the right of the person next door who has an exam at 8 am the next morning? These laws are in place for students, too. (Continued…)
Winny Neigh
posted 1/27/08 @ 8:04 PM EST
I remember when I had MY first beer. Get a freakin' life you idiots. Eveyone's gots rights...blah, blah, blah. Oh, and Charles Jones...you should be ashamed. (Continued…)
Ummm
posted 1/28/08 @ 7:44 AM EST
Ummm, maybe its just me but if they haven't been cited under the noise ordinance they probably don't have standing to even sue. The court won't even hear their argument. (Continued…)
t
posted 4/28/08 @ 1:24 AM EST
first of all we were getting off the subject....its now about laws at all its about freedom....what the f*ck happened to this country first it started with a seatbelt and now noise. (Continued…)
baalzebub
posted 5/29/08 @ 3:07 AM EST
when Charles Jones, Atty, presents his Noise Ordinance case to the US Supreme Court
Well, I just want to be there when "Dave", "Juliet" and "The Twins" show up. (Continued…)
Patrick Currin
posted 5/18/09 @ 5:36 AM EST
My band can't practice in Carrboro NC, (very liberal) because the cops stop and tell us to cut off when NO ONE calls. We know this because we talked to the neighbors. (Continued…)
CoastalDawg
posted 5/18/09 @ 10:35 AM EST
While I agree that noise ordinances are proper under certain circumstances, this is a challenge based on what? It does sound as if the law has been arbitrarily enforced in some cases. (Continued…)
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