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>>

  • Maryland Unveils Newest Chesapeake Bay License Plate Design

    Maryland Unveils Newest Chesapeake Bay License Plate Design

    Thursday, October 18 2018 7:01 PM EDT2018-10-18 23:01:00 GMT
    Thursday, October 18 2018 7:01 PM EDT2018-10-18 23:01:00 GMT
    Maryland drivers can update their expression of Chesapeake pride and help with efforts to "Save the Bay" with a new license plate design that state transportation and environmental officials unveiled Thursday at Sandy Point State Park.More
    Maryland drivers can update their expression of Chesapeake pride and help with efforts to "Save the Bay" with a new license plate design that state transportation and environmental officials unveiled Thursday at Sandy Point State Park.More
  • Armed Robbery at Dover Hotel

    Armed Robbery at Dover Hotel

    Thursday, October 18 2018 6:54 PM EDT2018-10-18 22:54:21 GMT
    Thursday, October 18 2018 6:54 PM EDT2018-10-18 22:54:21 GMT
    Police are investigating a robbery at the Red Roof Inn in Dover Thursday morning.More
    Police are investigating a robbery at the Red Roof Inn in Dover Thursday morning.More
  • Magnolia Man Charged with Unlawful Sexual Contact

    Magnolia Man Charged with Unlawful Sexual Contact

    Thursday, October 18 2018 6:04 PM EDT2018-10-18 22:04:17 GMT
    Thursday, October 18 2018 6:04 PM EDT2018-10-18 22:04:17 GMT
    Credit: WBOCCredit: WBOC
    Credit: WBOCCredit: WBOC
    Delaware State Police have arrested a man from Magnolia, Delaware after he inappropriately touched two young girls back on Oct. 12 at a high school football game.More
    Delaware State Police have arrested a man from Magnolia, Delaware after he inappropriately touched two young girls back on Oct. 12 at a high school football game. More
  • Most Popular VideosMost Popular VideosMore>>

  • Salisbury University Basketball Team Pleads to Save Coach

    Salisbury University Basketball Team Pleads to Save Coach

    Two weeks ago the Salisbury University men's basketball team was notified that Head Coach Andrew Sachs was placed on administrative leave. 

    The sudden decision by the university came as a shock to the team.  WBOC sat down with 11 of the 13-man roster, who all say they're taking the situation one day at a time. 

    More

    Two weeks ago the Salisbury University men's basketball team was notified that Head Coach Andrew Sachs was placed on administrative leave. 

    The sudden decision by the university came as a shock to the team.  WBOC sat down with 11 of the 13-man roster, who all say they're taking the situation one day at a time. 

    More
  • Ocean Pines Uses Dogs to Chase Away Geese

    Ocean Pines Uses Dogs to Chase Away Geese

    Animal experts are using dogs to chase away the geese in Ocean Pines. The company says by having the dogs disturb the geese, the birds will no longer feel safe in the area. 

    More

    Animal experts are using dogs to chase away the geese in Ocean Pines. The company says by having the dogs disturb the geese, the birds will no longer feel safe in the area. 

    More
  • "Hood Fight Salisbury" Cell Phone Videos

    "Hood Fight Salisbury" Cell Phone Videos

    27 cell phone videos depicting brutal streets fights among teenagers in Salisbury were posted online. Local leaders including the Mayor, State's Attorney and a Reverend react to the media.More
    27 cell phone videos depicting brutal streets fights among teenagers in Salisbury were posted online. Local leaders including the Mayor, State's Attorney and a Reverend react to the media.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