Judge Temporarily Blocks O.C. Noise Ordinance - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Judge Temporarily Blocks O.C. Noise Ordinance

Posted: Updated:
(Photo: WBOC) (Photo: WBOC)

OCEAN CITY, Md.- Street performers can return to Ocean City's Boardwalk without fear of being cited for a noise violation.

A federal judge put the town's noise ordinance on hold.

U.S. District Court Judge Ellen Lipton Hollander granted a preliminary injunction Wednesday in a case challenging the ordinance.

Judge Hollander said, "I do not question the legitimacy of (the town's) interest in restricting excessive noise on the Boardwalk." She added, "But, the means employed by Ocean City to achieve its goals reach far broader than necessary."

The American Civil Liberties Union [ACLU] of Maryland is suing the town of Ocean City on behalf of violinist William Hassay Jr., alleging the ordinance violates his right to free speech.

But music to one person, may be noise to another.

Ocean City police told WBOC they were responding to a noise complaint made by a shop on the boardwalk, when officers told Hassay his music was too loud.

Hassay said Ocean City police threatened him with arrest last April, saying his performances violated the ordinance.

The legal battle boils down to how far Hassay's music travels. The resort town law states any sound or music generated on the boardwalk can not be heard 30-feet away.

ACLU hired a professional sound engineer to test the sounds of the boardwalk, and the engineer concluded "virtually anything" can be heard 30-feet away on the boardwalk. 

Mayor Rick Meehan testified that the ordinance was aimed at stores that play loud music to attract customers, not performers. 

  • Delmarvawide NewsDelmarvawide NewsMore>>

  • Ocean City Prepares for Memorial Day

    Ocean City Prepares for Memorial Day

    May 25, 2018 9:24 PM2018-05-26 01:24:00 GMT
    Friday, May 25 2018 9:24 PM EDT2018-05-26 01:24:50 GMT
    Memorial Day Weekend is the day resort towns on Delmarva wait all year for. Tourists arrive, lots of them.
    Ocean City is gearing up for yet another busy summer season.
    More
    Memorial Day Weekend is the day resort towns on Delmarva wait all year for. Tourists arrive, lots of them.
    Ocean City is gearing up for yet another busy summer season.
    More
  • Ellendale Woman Arrested for Multiple Charges

    Ellendale Woman Arrested for Multiple Charges

    May 26, 2018 10:26 PM2018-05-27 02:26:00 GMT
    Saturday, May 26 2018 10:27 PM EDT2018-05-27 02:27:55 GMT
    ELLENDALE, Del.- An Ellendale woman has been charged by the Ellendale and Milton police departments after being pulled over this week. Ellendale Police say Ukemia Parker was wanted on felony theft charges by the Milton Police Department when the EllendaleMore
    ELLENDALE, Del.- An Ellendale woman has been charged by the Ellendale and Milton police departments after being pulled over this week. Ellendale Police say Ukemia Parker was wanted on felony theft charges by the Milton Police Department when the EllendaleMore
  • Pennsylvania Man Arrested in Seaford as an Out-of-State Fugitive

    Pennsylvania Man Arrested in Seaford as an Out-of-State Fugitive

    May 26, 2018 6:27 PM2018-05-26 22:27:00 GMT
    Saturday, May 26 2018 9:56 PM EDT2018-05-27 01:56:34 GMT
    A Sussex County traffic stop leads to a Pennsylvania man arrested because of an active warrant for robbery.More
    A Sussex County traffic stop leads to a Pennsylvania man arrested because of an active warrant for robbery.More
  • Most Popular StoriesMost Popular StoriesMore>>

  • Motorcyclist Dead in Ocean City Crash

    Motorcyclist Dead in Ocean City Crash

    May 26, 2018 3:45 PM2018-05-26 19:45:00 GMT
    Saturday, May 26 2018 3:45 PM EDT2018-05-26 19:45:32 GMT
    OCEAN CITY, Md.--The Ocean City Police Department says a motorcyclist dead after a crash near 77th street. According to the department, officers were dispatched to the area of 77th Street and Coastal Highway around 12:30 p.m. The department says they wereMore
    OCEAN CITY, Md.--The Ocean City Police Department says a motorcyclist dead after a crash near 77th street. According to the department, officers were dispatched to the area of 77th Street and Coastal Highway around 12:30 p.m. The department says they wereMore
  • Ellendale Woman Arrested for Multiple Charges

    Ellendale Woman Arrested for Multiple Charges

    May 26, 2018 10:26 PM2018-05-27 02:26:00 GMT
    Saturday, May 26 2018 10:27 PM EDT2018-05-27 02:27:55 GMT
    ELLENDALE, Del.- An Ellendale woman has been charged by the Ellendale and Milton police departments after being pulled over this week. Ellendale Police say Ukemia Parker was wanted on felony theft charges by the Milton Police Department when the EllendaleMore
    ELLENDALE, Del.- An Ellendale woman has been charged by the Ellendale and Milton police departments after being pulled over this week. Ellendale Police say Ukemia Parker was wanted on felony theft charges by the Milton Police Department when the EllendaleMore
  • UPDATED POST: Pedestrian Struck and Killed in Dewey Beach

    Pedestrian Struck and Killed in Dewey Beach

    May 25, 2018 7:30 AM2018-05-25 11:30:00 GMT
    Saturday, May 26 2018 6:06 PM EDT2018-05-26 22:06:54 GMT
    The Memorial Day holiday weekend got off to a rough start on the roadways after a man was hit and killed in Dewey Beach, Delaware early Friday morning.More
    The Memorial Day holiday weekend got off to a rough start on the roadways after a man was hit and killed in Dewey Beach, Delaware early Friday morning.More
  • Most Popular VideosMost Popular VideosMore>>

  • Motorcyclist Dead in Ocean City Crash

    Motorcyclist Dead in Ocean City Crash

    The Ocean City Police Department says a motorcyclist dead after a crash near 77th street. According to the department, officers were dispatched to the area of 77th Street and Coastal Highway around 12:30 p.m. The department says they were responding to reports of a collision involving a SUV and motorcycle on the northbound lanes of Coastal Highway. The motorcyclist was found dead on the scene when first responders arrived.

    More

    The Ocean City Police Department says a motorcyclist dead after a crash near 77th street. According to the department, officers were dispatched to the area of 77th Street and Coastal Highway around 12:30 p.m. The department says they were responding to reports of a collision involving a SUV and motorcycle on the northbound lanes of Coastal Highway. The motorcyclist was found dead on the scene when first responders arrived.

    More
  • Update: Pedestrian Struck and Killed in Dewey Beach

    Update: Pedestrian Struck and Killed in Dewey Beach

    The Memorial Day holiday weekend got off to a rough start on the roadways after a man was hit and killed by a car in Dewey Beach early Friday morning. That man has now been identified.

    More

    The Memorial Day holiday weekend got off to a rough start on the roadways after a man was hit and killed by a car in Dewey Beach early Friday morning. That man has now been identified.

    More
  • Ocean View Bicyclist in Critical Condition After Crash

    Ocean View Bicyclist in Critical Condition After Crash

    A 76-year-old Ocean View man has suffered life threatening injuries after a being hit by a car Memorial Day weekend.

    More

    A 76-year-old Ocean View man has suffered life threatening injuries after a being hit by a car Memorial Day weekend.

    More
Powered by Frankly

All content © Copyright 2000 - 2018 WBOC. All Rights Reserved. For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices