Page 4 The Dispatch/Maryland Coast Dispatch July 12, 2013 Federal Judge Throws Out OC’s 30-Foot Noise Law By SHAWN J. SOPER NEWS EDITOR OCEAN CITY – Ironically just in time for the Fourth of July and all of the crowds and noise the holiday brought, a federal judge last Wednesday issued a preliminary injunc- tion prohibiting the town of Ocean City from enforcing its 30-foot noise ordinance as it relates to street performers. On April 10, the American Civil Liberties Union (ACLU) filed suit in federal court on behalf of violinist William Hassay Jr. challenging the town’s noise ordinance changes on the Boardwalk the organization believes are an attempt to silence musicians. In the suit filed against the Mayor and Council and then-acting-Police Chief Michael Colbert, the ACLU alleges the enforcement of the town’s Live Entertainment MARGARITA’S & CRAFT BEERS! AND DON’T FORGET MEXICAN MONDAYS! Raw Bar Bloody Mary Bar Mexican Monday H A P P Y H O U R S P E C I A L S CRABBY CHEESE DIP IN A BREAD BOWL! GROUPER FINGERS, CEASAR SALAD, WINGS, KEY WEST, MILD, MEDIUM, NUCLEAR, INFERNO, GARLIC PARMESN, OLD BAY, BOURBON, BAR B Q, ASIAN SEASAME & NAKED! D E L A W A R E L O T T E R Y G A M E S STRAWBERRY SALAD, LOTSA SLIDERS, BURGERS, LEPRECHAUN LEGS, CLAMS, OYSTERS, STEAMED SHRIMP, COLD PINTS OF DRAFT BEER, 5S 2C HR DE BE IN GS 30-foot noise ordinance on the Boardwalk infringes on Hassay’s, and other performers’ fundamental right under the First Amendment to engage in freedom of speech and expression in a public forum. While the suit ultimately seeks a reversal of the town’s changes to its noise ordinance on the Boardwalk, the legal process could take several months to unfold. In the meantime, Hassay’s attorneys were seeking a preliminary injunction, which, if approved, would force the town to suspend the enforcement of the 30-foot rule on the Boardwalk until the case is resolved, likely the rest of the current summer season. A hearing on the proposed preliminary injunction was held on June 10 during which both parties presented the merits of their respective cases. On Wednesday, July 3, U.S. District Court Judge Ellen Hollander issued an opinion granting the preliminary injunction and essentially prohibiting the town from enforcing the 30-foot rule for street performers on the Boardwalk until the case is resolved, likely the remainder of the summer season. “In the absence of preliminary injunctive relief, the plaintiff will suffer irreparable injury, in the form of deprivation of his right to freedom of expression, as guaranteed by the First Amendment,” the opinion reads. SEE PAGE 34