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Judge dismisses noise ordinance suit
CAROLYN CRIST
Issue date: 7/17/08 Section: News
A challenge to the noise ordinance in Athens-Clarke County will move to the Georgia Supreme Court after Superior Court Judge David Sweat dismissed it.
Athens attorney Charles Jones Jr. represented University students Robert Manlove and William Hoffman, who said the ordinance violated free speech rights because the same standard applied to different neighborhoods.
During the trial Amy Gellins, assistant county attorney, said the case should be dismissed because Manlove and Hoffman weren't actually facing potential prosecution under the ordinance and therefore had no standing to bring the case. Jones said the ordinance inhibits free speech under the threat of prosecution, saying county police have the discretion to cite violations on first occurrences. He said the ordinance inhibits speech and noise that could be appropriate in areas such as downtown.
Sweat dismissed the case on July 11, and Jones filed a notice of appeal three days later.
"Counsel could not describe what particularized message was sought to be conveyed and with what intent, what audience was sought to be reached, whether the message was likely to be understood by even some members of that audience, or how the noise ordinance frustrated the conveyance of the message," Sweat wrote in his court opinion. "There is no assertion, and indeed no evidence, that the Plaintiffs' communication is intended to be symbolic of any statement or to be a performance for others in any meaningful sense."
Jones said he still feels confident the case will succeed on appeal.
"After reading Judge Sweat's opinion, I respectfully disagree with his legal conclusions, though I do appreciate the time and thought he put into this matter," Jones said. "Men of intelligence and good will disagree about the law all the time. I do believe that the majority of case law is decidedly on our side in this case, and I look forward to presenting that case law to the justices of the Georgia Supreme Court."
Athens attorney Charles Jones Jr. represented University students Robert Manlove and William Hoffman, who said the ordinance violated free speech rights because the same standard applied to different neighborhoods.
During the trial Amy Gellins, assistant county attorney, said the case should be dismissed because Manlove and Hoffman weren't actually facing potential prosecution under the ordinance and therefore had no standing to bring the case. Jones said the ordinance inhibits free speech under the threat of prosecution, saying county police have the discretion to cite violations on first occurrences. He said the ordinance inhibits speech and noise that could be appropriate in areas such as downtown.
Sweat dismissed the case on July 11, and Jones filed a notice of appeal three days later.
"Counsel could not describe what particularized message was sought to be conveyed and with what intent, what audience was sought to be reached, whether the message was likely to be understood by even some members of that audience, or how the noise ordinance frustrated the conveyance of the message," Sweat wrote in his court opinion. "There is no assertion, and indeed no evidence, that the Plaintiffs' communication is intended to be symbolic of any statement or to be a performance for others in any meaningful sense."
Jones said he still feels confident the case will succeed on appeal.
"After reading Judge Sweat's opinion, I respectfully disagree with his legal conclusions, though I do appreciate the time and thought he put into this matter," Jones said. "Men of intelligence and good will disagree about the law all the time. I do believe that the majority of case law is decidedly on our side in this case, and I look forward to presenting that case law to the justices of the Georgia Supreme Court."
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