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Hello,
I just read that your group is helping "Repent America" to sue the City of Winchester and the State of Virginia to repeal the noise ordinance here.
The noise ordinance is a law that in effect in most, if not all, states. It allows police to lessen noise and if need be, fine people for breaking that ordinance. The fining rarely, if ever, happens.
In Winchester, the noise ordinance is in effect from 9am to 9pm, in the surrounding county (Frederick County, Virginia) it is in effect from 8am to 9pm. That means you can not play loud music, make excessive noise or otherwise disturb people during evening, night and morning hours. There is an extra part to this, the ordinance allows police to tell people to turn down music and other things causing noise during the day, like say during a parade. That doesn't count for lawn mowers, tractors, bands playing, etc.
By Repent America's lawsuit, you are opening up that anyone can play music as loud as they want, with no consequence. I'm sorry, but I like to sleep. Give people an inch and they'll take a mile, the old saying goes. If you give people that opportunity to play their music loud or heck, just sit in their cars and rev them all night, they'll do it.
So, I ask, would you like that happening in your neighborhood? No. So, why do you want to essentially make it legal for it to happen in mine? Because Repent America was asked to turn off an amp for a mic, doesn't have anything to do with freedom of speech. Let me break out the history book.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Nowhere in there does it say, you can have a microphone hooked to an amp during a parade. Nowhere in there does it say, my neighbors can play loud music as loud as they want while I am trying to sleep. Nowhere in there does it say, some guy can park his car in my parking lot and rev his engine all night cause he feels like it.
You CAN however talk all you want, that was NEVER prevented. You can talk, they didn't duct tape their mouths shut, they just said "turn it down" when the parade was starting. I don't think that is too much to ask. I don't want to hear anything other than the bands, the people and the parade. If I want to hear about Heaven and Hell, I will go to church or you can talk afterward.
What your lawsuit is saying is your group lacked the common courtesy to turn the mic off during the parade, so people could enjoy that parade. The same thing they would ask anyone else to do if you yourself complained if you were trying to watch the parade. This is EXACTLY what the law was designed to do, make unnecessary noise stop. Nothing to do with speech, just unnecessary noise.
So, I ask, would it be OK if I came to your house at, say, 2pm, hooked up a mic with an amp and started reading the paper? Freedom of speech, right? Would be annoying, wouldn't it? You'd call the police and tell them to have me "turn it down", wouldn't you? So, what is so different about you that you can't do the same for 2 1/2 hours during a parade? Nothing.
I hate to say it, but bringing forth a lawsuit like this, it will just make the City of Winchester, Frederick County, and the Shenandoah Apple Blossom Festival committee less likely to give Repent America a permit to be in the walking areas for the festival next year, it might even have people talking back, but not in the way you like. But what it won't do, it won't give Repent America the voice you want. It won't give them any listeners. Because all they will see, all the people of Winchester/Frederick County will see is "that group that tried to get the noise ordinance taken away".
If it isn't OK to do it at your house or your place of business, it isn't right for you to do it here....and there is nothing in the Constitution about that, just Common Sense.
Please leave my town, my county, and my state out of your "message" and leave us alone.
Thank You,
Tybois
This case would be a good vehcile to address the noise in the electornagnetic spectrum that is contributing to manipulation of the human nervous system.
That's something that will get the officials attention.
If they are going to enforce the noise ordinance, then include enforcement of all different kinds of noise.
Sincerely,
Ken
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