The Red and Black

Ladies and Gentlemen:

Today the Georgia Supreme Court ruled in a closely divided 4-3 opinion that Robert Manlove and William Hoffman, then students at the University of Georgia, did not have standing to challenge the ordinance because they did not receive tickets themselves for noise violations. Chief Justice Sears wrote a very eloquent dissent that she tagged as her "final opinion" before leaving the Court at the end of this month. The majority opinion, and dissent, may be viewed at the Court's website at http://www.gasupreme.us/pdf/s09a0118.pdf.

I am very proud to have earned the votes of Chief Justice Sears as well as Presiding Justice Carol Hunstein (recently elected to be Chief Justice) and Justice Harold Melton. I also respect the Justices who voted with the majority in this case, and thank each of them for giving us a fair hearing and an exciting oral argument. The issue was very close, and the fact that three Supreme Court Justices agreed with our position demonstrates that this case is not the "definition of a frivolous lawsuit" as some have suggested.

I also take note that the Court did NOT uphold the Ordinance itself, only ruled that my clients were not the proper persons to challenge the ordinance. I therefore expect, in a short period of time, to bring a new challenge to the Athens-Clarke county noise ordinance. This fight is far from over, and when the dust finally settles I am very confident that the noise ordinance will be struck down as a violation of free speech under the Georgia Constitution.

You may address questions to this e-mail or to me by telephone at (706) 202-5548. Thank you.

What about the loud motorcycles zooming through the neighborhood at 2 a m? Why isn't that under th fascist "noise ordinance"?

"MANLOVE"

So what you are saying, Elle, is that we should either be "fascist" and kill all sound or we should let all sound fly? Your lack of explanation leaves me begging for what you think is so "fascist" about those of us who have lived here and want some kind of protection for quiet lives. For that matter, I feel this whole thing is sad. Your property only extends so far. Past that point you are invading public and/or private space, and yes, I'll consider invasion being audible. Should we outlaw motorbikes? No, but it would be nice if people were decent enough to at least make sure the muffler isn't at 1000db. One's "right" to play loud music should not interfere with another's ability to live in peace.

The amount of time spent by the courts on this nonsense should be criminal. Taxpayers should be outraged.

I say we have a law that if you lose (as they did) then you pay at least half the court costs. A law like that would mean you better not take it to court if you don't have a rock solid case.

And don't give me any of this "chilling affect" garbage ......... I'm tired of that overused phrase.

Excuse me ........ I think it's "effect".

Congrats on almost succeding in making Athens an even less-desirable place to live. Is it not enough that Athens is treated like a four-year whore-ride, where students think Athens is their bitch, and later abandon it for quieter, less crime-ridden places to work and raise a family, only returning to recommence the whoring during football season, littering the streets, sidewalks, and common areas with trash, then hauling-ass out of town to more civilized settings? Too bad that no one, other than self-serving students and self-serving attorneys, gives enough of a damn about Athens to make it a better place to live. Best of luck on your next worthy cause, and I hope that you're so convinced of your efforts that you live and will continue to live within earshot of those who express their freedom to "speak" at 4 a.m. on a routine basis. Alternatively, you could just get cited yourself, thereby establishing standing (while giving comfort to your neighbors that you are merely protecting their rights) and go pro se, thus taking a substantial step toward the top of the narcissistic ladder... or is the fight not THAT worthy?