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Students fight noise statute

Abstract:
Athens-Clarke County's noise ordinance is anything but constitutional, according to two University students.

William Hoffman and Robert Manlove, along with the Law Office of Charles A. Jones Jr., challenged the ordinance Thursday by filing a constitutional lawsuit against the government....

  • Displaying 1 - 21 of 21

mammola

posted 1/25/08 @ 12:14 PM EST

Sounds like a damn good idea. If any help is needed by these folks, I hope they won't hesitate to ask the student community for support. I know people who have gotten noise violations when they believe they were not being anywhere near the max noise level, but are afraid to take it to courts because that would be even more expensive than paying the ticket.
It's a lose-lose situation when given a noise citation. Police should at least be forced to consider carefully who they give noise citations to

i hope you get a citation

posted 1/25/08 @ 12:50 PM EST

Originally posted by

mammola

Sounds like a damn good idea. If any help is needed by these folks, I hope they won't hesitate to ask the student community for support. I know people who have gotten noise violations when they believe they were not being anywhere near the max noise level, but are afraid to take it to courts because that would be even more expensive than paying the ticket.
It's a lose-lose situation when given a noise citation. Police should at least be forced to consider carefully who they give noise citations to


The problem is most students are drunken jackasses and have no clue what the noise ordinances are. Police follow the law, period....if you don't like it then change the law or STFU!
When someone calls the police at 4am on a Tuesday becuase someone is screaming in the parking lot and drinking by the pool and playing music I welcome the police to come and cite everyone, F*ck loud people on weekdays.

narf

posted 1/25/08 @ 12:46 PM EST

First of all the case is NOT sent to the State Supreme Court its sent to the State Court of Appeals and they decide if they even want to hear it. There is already tons of case law on noise ordinance laws in Georgia and these 2 students are going to loose.
Ive lived in Athens for 4 years now and when I have to listen to screaming, load music, and fights at 4am on a Tuesday there needs to be an ordinance. The police are very fair about enforcing this ordinance even to the point of measuring out the 100 feet and having another officer come and be a witness to the violation. I hope they loose big time. Everyone who is cited in Athens-Clarke can go to hell, you are the jackasses who have to party all night every night while some of us want to sleep. I can understand the weekends but there are some places I have lived where people were drinking literally 5 nights a week till the sun came up.

wow...

posted 1/25/08 @ 1:39 PM EST

Originally posted by

narf

First of all the case is NOT sent to the State Supreme Court its sent to the State Court of Appeals and they decide if they even want to hear it. There is already tons of case law on noise ordinance laws in Georgia and these 2 students are going to loose.
Ive lived in Athens for 4 years now and when I have to listen to screaming, load music, and fights at 4am on a Tuesday there needs to be an ordinance. The police are very fair about enforcing this ordinance even to the point of measuring out the 100 feet and having another officer come and be a witness to the violation. I hope they loose big time. Everyone who is cited in Athens-Clarke can go to hell, you are the jackasses who have to party all night every night while some of us want to sleep. I can understand the weekends but there are some places I have lived where people were drinking literally 5 nights a week till the sun came up.



Your spelling is painful...

wow your a puss

posted 1/26/08 @ 11:35 AM EST

Originally posted by

narf

First of all the case is NOT sent to the State Supreme Court its sent to the State Court of Appeals and they decide if they even want to hear it. There is already tons of case law on noise ordinance laws in Georgia and these 2 students are going to loose.
Ive lived in Athens for 4 years now and when I have to listen to screaming, load music, and fights at 4am on a Tuesday there needs to be an ordinance. The police are very fair about enforcing this ordinance even to the point of measuring out the 100 feet and having another officer come and be a witness to the violation. I hope they loose big time. Everyone who is cited in Athens-Clarke can go to hell, you are the jackasses who have to party all night every night while some of us want to sleep. I can understand the weekends but there are some places I have lived where people were drinking literally 5 nights a week till the sun came up.


Who cares, i'm right. Rather than engaging in debate you stoop to attacking my spelling on an internet board. Asshat

Drew

posted 1/28/08 @ 9:00 AM EST

Originally posted by

narf

First of all the case is NOT sent to the State Supreme Court its sent to the State Court of Appeals and they decide if they even want to hear it. There is already tons of case law on noise ordinance laws in Georgia and these 2 students are going to loose.
Ive lived in Athens for 4 years now and when I have to listen to screaming, load music, and fights at 4am on a Tuesday there needs to be an ordinance. The police are very fair about enforcing this ordinance even to the point of measuring out the 100 feet and having another officer come and be a witness to the violation. I hope they loose big time. Everyone who is cited in Athens-Clarke can go to hell, you are the jackasses who have to party all night every night while some of us want to sleep. I can understand the weekends but there are some places I have lived where people were drinking literally 5 nights a week till the sun came up.


Actually, apparently you have no idea how the Georgia Court system works. Unlike many places, Georgia is not a strict-tiered appellate system. Not all cases go to the Court of Appeals (CoA). The CoA has specific jurisdiction in many instances to hear a case and the case will be appealed there. In other cases, the Georgia Supreme Court has jurisdiction to hear the appeal directly. Constitutional challenges are one of these areas. The Court of Appeals lacks jurisdiction to hear such cases and they are therefore appealed to the Georgia Supreme Court.

Before you get sanctimonious about your legal knowledge, you should make sure its correct. Otherwise, when coupled with your spelling it just makes you look foolish.

p

posted 1/28/08 @ 3:59 PM EST

Originally posted by

narf

First of all the case is NOT sent to the State Supreme Court its sent to the State Court of Appeals and they decide if they even want to hear it. There is already tons of case law on noise ordinance laws in Georgia and these 2 students are going to loose.
Ive lived in Athens for 4 years now and when I have to listen to screaming, load music, and fights at 4am on a Tuesday there needs to be an ordinance. The police are very fair about enforcing this ordinance even to the point of measuring out the 100 feet and having another officer come and be a witness to the violation. I hope they loose big time. Everyone who is cited in Athens-Clarke can go to hell, you are the jackasses who have to party all night every night while some of us want to sleep. I can understand the weekends but there are some places I have lived where people were drinking literally 5 nights a week till the sun came up.


Thats only if they even recognize that a constitutional issue exists. Either way its not 'automatic' like you said....you are wrong on that pal.

sleep-deprived

posted 1/25/08 @ 1:02 PM EST

Some people have no respect at all for other people's comfort. I understand having parties on weekends but during the week is just mean. Do they not realize other people actually work and go to class in the mornings or have homework/studying to do at night? I live in an apartment complex and at all hours of the day (morning, afternoon and night) my roommates and I have to listen to bass pumping through the walls from many doors down. It's extremely frustrating to have to walk around your house with earplugs, and even that doesn't work. We've tried talking to them (they blamed it on someone else when it was blatently coming from their apartment), we've called the police (who gave them a ticket but the next day it was on again), talked to the office (he talked to them but again, it was on an hour later). What else is there to do? I just don't understand why people have to have music THAT loud, ALL the time. If these jokers win at court, there will be a lot more residents frusterated than satisfied.

Sarah

posted 1/25/08 @ 4:56 PM EST

News flash: The laws are there for everyone's good, not just to spite obnoxious party animals. Think you have the right to have a loud party at 2 am on a Thursday night? What about the right of the person next door who has an exam at 8 am the next morning? These laws are in place for students, too...the ones who want to study seriously, that is.

Winny Neigh

posted 1/27/08 @ 8:04 PM EST

I remember when I had MY first beer. Get a freakin' life you idiots. Eveyone's gots rights...blah, blah, blah. Oh, and Charles Jones...you should be ashamed. What would your mother think, or was she a low-life lawyer, too?

Ummm

posted 1/28/08 @ 7:44 AM EST

Ummm, maybe its just me but if they haven't been cited under the noise ordinance they probably don't have standing to even sue. The court won't even hear their argument.

LawDawg

posted 1/28/08 @ 2:29 PM EST

Originally posted by

Ummm

Ummm, maybe its just me but if they haven't been cited under the noise ordinance they probably don't have standing to even sue. The court won't even hear their argument.


Its a constitutional issue so they have grounds to bring it to the Georgia Supreme Court.

t

posted 4/28/08 @ 1:24 AM EST

first of all we were getting off the subject....its now about laws at all its about freedom....what the f*ck happened to this country first it started with a seatbelt and now noise......i mean come on these people are complaining about how they cant sleep when they should be furious whether they could smoke or not in a restaurant visa versa....i happen to live in perry georgia i have system that would shatter windows for miles but its mine!!! i bought it...so ill use it ....its called comfort if you dont like then buy you some muffs to plaster to the inside of your apartment wall you know its called comfort. to be honest people play loud music everywhere and it gets annoying sometimes but so does work or life for that matter so quit whining

NancyNoCare

posted 4/28/08 @ 12:05 PM EST

Originally posted by

t

first of all we were getting off the subject....its now about laws at all its about freedom....what the f*ck happened to this country first it started with a seatbelt and now noise......i mean come on these people are complaining about how they cant sleep when they should be furious whether they could smoke or not in a restaurant visa versa....i happen to live in perry georgia i have system that would shatter windows for miles but its mine!!! i bought it...so ill use it ....its called comfort if you dont like then buy you some muffs to plaster to the inside of your apartment wall you know its called comfort. to be honest people play loud music everywhere and it gets annoying sometimes but so does work or life for that matter so quit whining


you are a perry georgia, bass thumping redneck- that is the worst kind of bass thumper there is.

NNC

posted 4/28/08 @ 12:07 PM EST

Originally posted by

t

first of all we were getting off the subject....its now about laws at all its about freedom....what the f*ck happened to this country first it started with a seatbelt and now noise......i mean come on these people are complaining about how they cant sleep when they should be furious whether they could smoke or not in a restaurant visa versa....i happen to live in perry georgia i have system that would shatter windows for miles but its mine!!! i bought it...so ill use it ....its called comfort if you dont like then buy you some muffs to plaster to the inside of your apartment wall you know its called comfort. to be honest people play loud music everywhere and it gets annoying sometimes but so does work or life for that matter so quit whining


please make fun of my grammer. i will cry. go listen to some nelly, you redneck.

baalzebub

posted 5/29/08 @ 3:07 AM EST

when Charles Jones, Atty, presents his Noise Ordinance case to the US Supreme Court

Well, I just want to be there when "Dave", "Juliet" and "The Twins" show up.

http://www.onlineathens.com/stories/043006/opinion_20060430031.shtml

Patrick Currin

posted 5/18/09 @ 5:36 AM EST

My band can't practice in Carrboro NC, (very liberal) because the cops stop and tell us to cut off when NO ONE calls. We know this because we talked to the neighbors. ALL OF THEM. Noise ordinance laws should have a midday cut off. All the noise people want to make could happen from 12pm to 4pm every day and no one would be terribly unhappy. The cops should also have to carry noise meters if they're going to site number heavy ordinances. That's my piece. Thanks.

CoastalDawg

posted 5/18/09 @ 10:35 AM EST

While I agree that noise ordinances are proper under certain circumstances, this is a challenge based on what? It does sound as if the law has been arbitrarily enforced in some cases. The 100 feet limit is a bit strange considering that noise can travel different distances based on weather and other conditions. I'm sure we've all heard noises created by trains or other things which are quite far away. If you live anywhere near a major roadway you can hear those vehicles for miles; so do all those drivers get cited? The idea of challenging the law is a good one; it will be interesting though to see if it rises to the level of a constitutional issue - I don't see the challenge at this point.

Ron

posted 5/18/09 @ 12:23 PM EST

They lost, there is already a ton of case law on noise ordinances being constitutional, the article makes it seem like this is the first time anyone has ever chalendged a noise ordinance in GA. They were just making a political point and the lawyer was just taking the money from dumb college kids that wanted to spend it.
No point in fighting it, they would be arguing a subject that has already been argued in GA courts, they could have saved some money and joined NexusLexis and searched the case law. ACCPD responds to thousands of calls a year regarding noise complaints. They actually conduct an investigation when they arrive often times measuring with a rolling meter the distance from the source to where they stop hearing the noise.
The cops follow the rules so should citizens.
Blaring the radio with rap music at 3 am in an aparetment complex is just dumb and I'm glad the police actually write tickets for this.

Party Dawg

posted 5/18/09 @ 6:58 PM EST

Perhaps the previous poster would like to cite the case law that he is referring to, from "NexusLexis."

Coastal - The Supreme Court of Georgia will rule on the procedural issue within the next month or so. The case will then either go forward or be re-filed anew.

michael from irvine, CA

posted 8/30/09 @ 5:32 AM EST

I am in quite a similar situation. I had just moved into a new house on August 1st, 2009 with my roommates. We were cited about 2 weeks ago, during the beginning of August, for a loud noise ordinance. We had gotten our first 30-day warning that night, and after that, we kicked everyone out. However, Irvine police officers had come back saying that our neighbor complained again and claimed that more people were coming to the party. The officer then told me she was going to issue me a 3rd offense because it was her second time coming back to the house within 30 days. I objected, asking her why she was giving us a 3rd offense when it was really supposed to be our 2nd. The officer said she had been to our house on the 18th of July and that it was going to be our 3rd offense. I was very upset because I repeatedly told her we had just moved in and that we weren't even residents of the house in July. She said she didn't care and that we could contest it in court if we wanted to. She also wrote "light music" on the ticket with "10+" people when there was no music playing and only four to five guests left in the house watching TV upstairs. I'm most upset over how she showed me no respect at all since I'm a college student. I really want to go to court to fight this ticket, but I don't know how much the additional fees will be, and considering I'm a poor college student, losing the case is definitely not an option. I've been told that I can bring in paperwork from the landlord proving that we were not residents in the month of July and that we just moved in August 1st. Also, the landlord had called us the day after and let us know that he drove by that night to see if it was "unreasonably loud," but he said he didnt hear a thing. I really want to fight this citation because I feel that many students are not treated fairly by both the police and neighbors. Countless students are harassed every day. A few days ago the same neighbor had called the animal police because she claimed there was a "stray" dog in front of our house. We were all sleeping at the time because it was early in the morning and had no idea that there was a dog in front of our house. Also, my younger sister had just gotten a jaywalking ticket a few days ago for crossing the crosswalk while a red-hand was flashing. I had heard of people getting jaywalking tickets back in the day, but it shocked me that such a ridiculous citation could happen to my very own sister. She came home teary and puff-eyed saying that the officer also called for back up. I was very upset about this because what kind of cop needs back up for a young 18-year old girl jaywalking? I will also be fighting this citation because I am very unsatisfied with the Irvine Police Department. Instead of fighting crime they are issuing tickets all day for petty things such as jaywalking. Sorry for commenting so much random stuff, but this is my first noise ticket and the first time I felt the urge to fight not only for my rights, but my younger sister's rights and students of the similar situation as well. If anyone could offer any advice as to what else I could do I'd really appreciate it.
  • Displaying 1 - 21 of 21

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