Spring Break
Judge mulls noise case
Two students defy statute
CAROLYN CRIST
Issue date: 4/15/08 Section: News
Athens-Clarke County attorneys moved to dismiss a case in court Monday that challenges the constitutionality of the county's noise ordinance.
"The plaintiff doesn't have a standing to bring the constitutional challenge," County Attorney Bill Berryman said during a phone interview Monday. "The judge heard our motion to dismiss and decided he would take it under advisement."
ACC Superior Court Judge David Sweat will decide the motion based on a "question of law," Berryman said.
The Law Office of Charles Jones Jr. filed the case Jan. 24 on behalf of two University students, William Hoffman and Robert Manlove. Jones said the ordinance is overly restrictive and should be unconstitutional under the free speech clause of the Georgia Constitution.
"Both sides will submit written legal arguments, and the judge will present a written ruling," Jones said during a phone interview Monday. "The government argued the ordinance wasn't really enforced against us and we didn't receive a ticket, so we can't bring a lawsuit."
Jones planned to motion Monday for an interlocutory injunction - or temporary suspension - of the ordinance while the case remains in court. Sweat will hear the motion if he decides not to dismiss the case.
Jones has several days to file a response to the dismissal motion, and Sweat may rule on the case in May, Berryman said.
The case began when a friend approached Jones with a $144 noise ordinance ticket. Hoffman and Manlove were referred to Jones after he spoke with several University students about the idea. After the case was filed in January, the sides asked each other questions in a 60-day "discovery" period.
"The government responded to some requests for submission, but they never produced documents answering discovery questions," Jones said.
Berryman planned another motion Monday to object to the discovery requests.
"The plaintiff hasn't described any protected expression under the Georgia Constitution," Berryman said.
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.
"The plaintiff doesn't have a standing to bring the constitutional challenge," County Attorney Bill Berryman said during a phone interview Monday. "The judge heard our motion to dismiss and decided he would take it under advisement."
ACC Superior Court Judge David Sweat will decide the motion based on a "question of law," Berryman said.
The Law Office of Charles Jones Jr. filed the case Jan. 24 on behalf of two University students, William Hoffman and Robert Manlove. Jones said the ordinance is overly restrictive and should be unconstitutional under the free speech clause of the Georgia Constitution.
"Both sides will submit written legal arguments, and the judge will present a written ruling," Jones said during a phone interview Monday. "The government argued the ordinance wasn't really enforced against us and we didn't receive a ticket, so we can't bring a lawsuit."
Jones planned to motion Monday for an interlocutory injunction - or temporary suspension - of the ordinance while the case remains in court. Sweat will hear the motion if he decides not to dismiss the case.
Jones has several days to file a response to the dismissal motion, and Sweat may rule on the case in May, Berryman said.
The case began when a friend approached Jones with a $144 noise ordinance ticket. Hoffman and Manlove were referred to Jones after he spoke with several University students about the idea. After the case was filed in January, the sides asked each other questions in a 60-day "discovery" period.
"The government responded to some requests for submission, but they never produced documents answering discovery questions," Jones said.
Berryman planned another motion Monday to object to the discovery requests.
"The plaintiff hasn't described any protected expression under the Georgia Constitution," Berryman said.
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.
Viewing Comments 1 - 7 of 11
Glen
posted 4/15/08 @ 9:55 AM EST
FREE SPEECH???? ARE THEY KIDDING???? What is the "speech" that they are talking about? Using a subwoofer to ruin everybody else's days and nights? Do have my kids hear profane and disgusting language emanating from this garbage that somehow goes under the classification of "music"? What is their "speech"????? I am sick and tired of putting up with these little punk's idea of "music" being inflicted on me. (Continued…)
RP
posted 4/15/08 @ 9:56 AM EST
Bill is right on this one....those kids have no standing if they haven't been given a ticket.
On top of that their claim is silly to say the least. (Continued…)
Glen
Glen
posted 4/15/08 @ 10:05 AM EST
FREE SPEECH???? ARE THEY KIDDING???? What is the "speech" that they are talking about? Using a subwoofer to ruin everybody else's days and nights? Do have my kids hear profane and disgusting language emanating from this garbage that somehow goes under the classification of "music"? What is their "speech"????? I am sick and tired of putting up with these little punk's idea of "music" being inflicted on me. (Continued…)
Paula
posted 4/15/08 @ 11:30 AM EST
Hey, under that logic, I have the right to the "pursuit of happiness"! and can blow these little privileged, entitled young "adults" out of bed with Mozart played at top volume at 6:30 am on Sunday morning. (Continued…)
Michael Wright
posted 4/15/08 @ 11:42 AM EST
The concept of free expression is rooted in a consensus between the one expressing himself and his WILLING audience. If you don't like Rush Limbaugh's "expressions," then you're free to turn of the radio. (Continued…)
Matt
posted 4/15/08 @ 12:52 PM EST
The Govt. is right, since these students didn't receive a citation they have no legal standing. You have to have been directly wronged by the government action in order to file suit. (Continued…)
Glen
posted 4/17/08 @ 10:58 AM EST
Hey, "ROFL", I was being serious. If you have nothing better to do in your miserable excuse for a life than to copy and paste what someone else writes, and post it several times, then you are just pathetic and need to get a REAL life! They really should remove your post. (Continued…)
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