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May 3, 2013
The Dispatch/Maryland Coast Dispatch
Page 13
. . Violinist Asked To Lower Volume
FROM PAGE 12 complaint is entirely unclear as to what negative or adverse effect his conversations with the Ocean City Police officers had on his ability to play his music, conduct his performances or generate a profit on the Boardwalk. Indeed, the complaint is devoid of any assertion of specific harm incurred by Hassay as none is pled with particularity and factual support.” The complaint does not allege Hassay was ever told to leave or stop playing, but merely asked to turn down his volume. “Hassay’s only allegation of injury appears to be that the town’s maintenance of the noise ordinance ‘chills’ or deters Hassay’s, and others similarly situated, rights to free speech,” the answer reads. “Nowhere in the complaint does Hassay contend that he or any other Boardwalk performer was actually cited, arrested, asked to leave the Boardwalk, compelled to leave the Boardwalk or told to stop playing his music.” Attached to the town’s answer to the suit is the police report prepared by Sgt. Art Grady about the incident. According to the police report, Grady responded to the area after receiving a complaint from nearby retailers but waited patiently until Hassay was finished playing and was taking a break before approaching him about the complaint. At no time was Hassay asked to stop playing his music. He was also told he was allowed to have an amplification system but had to manage his overall level not to exceed the allowable limits. According to the police report, Hassay was told he was certainly allowed to continue to perform but must stay within the allowable and legal limits and levels. According to the police report, Grady made sure to explain to Hassay he was not being asked to leave or to stop performing and when Hassay asked if he could go and play somewhere else, he was told that was certainly allowable. No enforcement action was taken and there was no arrest or citation issued. “Sergeant Grady states that the encounter was an educational meeting more than anything else,” the town’s answer reads. “Hassay was handed a flyer with information relating to the guidelines and rules for Boardwalk performers. In response to being notified of the noise complaint, Hassay became immediately defensive and argumentative.” According to the complaint, Hassay has been performing on the Boardwalk since 1995 and earns in a range of $250 to $300 in tips each night, generating as much as $25,000 each summer season. In the town’s answer to the suit filed this week, Hassay voluntarily shut down his performances and left Ocean City despite never being issued a citation.
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