“Today, Richmond’s Noise law was found to be unconstitutional by the Richmond City General District Court. While I am disappointed in the outcome, I respect the judge’s decision and appreciate the efforts and advocacy of both the Richmond Office of the City Attorney and the defendants’ attorneys. "
RICHMOND CITY COUNCIL
900 E. Broad Street, Suite 200 - Richmond, Virginia 23219 - www.council.richmondva.gov
COUNCIL PUBLIC INFORMATION NEWS ADVISORY
IMMEDIATE RELEASE TO BE FORWARDED AND SHARED
Tuesday, 30 November 2010
Councilman Charles R. Samuels’ statement regarding today’s Richmond General District Court Ruling on the noise law
“Today, Richmond’s Noise law was found to be unconstitutional by the Richmond City General District Court. While I am disappointed in the outcome, I respect the judge’s decision and appreciate the efforts and advocacy of both the Richmond Office of the City Attorney and the defendants’ attorneys.
The law was challenged in Richmond General District Court by a band that was disturbing their neighbors after 11:00 p.m. at night. Today, the judge hearing the case found the current version of the law to be unconstitutionally overbroad and that it promotes religion and is therefore in violation of the First Amendment. He also explicitly rejected the defendants’ proposition that “plainly audible to any [other] person” is too vague a standard, upholding the “plainly audible” standard.
Much has been made of the issue with our city’s current noise law. After the Virginia Supreme Court’s Tanner decision nullified the “unreasonably loud” standard in 2009, I worked with the city attorney’s office to review what other options we had. Since April I have been meeting with a workgroup to craft a new noise ordinance which I hope to introduce in December or January, 2011.
I will continue working with the citizens of Richmond on this issue.”
The Honorable Charles R. Samuels, Councilman
Richmond City Council, North Central 2nd District
CONTACT For more information, please contact Councilman Charles R. Samuels, at 804.646.6532 or by email, at charles.samuels@richmondgov.com
REFERENCE ____________________________________________________________________
Richmond General District Court
City of Richmond
Vs.
Timothy Robert Morris
Michael George Bourlotos
Leahm Clancy
Rozalia Me’chal Janicki
Case Nos. GC100002596, 2598, 2599, 2600
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______________________________________
Steven R. Skinner, APR
Council Public Information Manager
RICHMOND CITY COUNCIL
OFFICE OF THE COUNCL CHIEF OF STAFF
Richmond City Hall
900 E. Broad Street, Suite 305
Richmond, Virginia 23219
804.646.6052 (office)
804.335.4054 (mobile)
804.937.1386 (home/mobile)
804.646.5468 (fax)
skinnesr@ci.richmond.va.us (email)
www.council.richmondva.gov(website)
____________________________________________
MISSION The mission of Richmond City Council
is to represent citizens in creating and amending
local laws, providing government policy and
oversight, and approving the city budget.
VISION Richmond City Council is committed to
creating a vibrant community that is a great place
to live, work, learn, play, visit and raise a family.
