New repressive Seattle noise ordinance: Rally this Mon., 10/4 (fwd)

[Lorraine Pozzi]

I'm forwarding this on.  I find it hard to believe that the 
City Council could adopt this.  What happened to free speech?
Right of assembly?  Unless the facts are grossly mis-stated,
this is a gross violation of basic democratic rights.  Obviously,
it would have a chilling effect on anyone who could not easily
spare a few hundred dollars for a fine based on quite arbitrary
interpretations of excessive "noise."  

I know, I should have called and checked this out before
posting to the list...

Lorraine
femme2 at scn.org
  

---------- Forwarded message ----------
Date: Fri, 1 Oct 1999 13:39:18 EDT
From: SsarahT at aol.com
To: wto-host at lists.citizen.org, fair-trade at scn.org
Subject: New repressive Seattle noise ordinance: Rally this Mon., 10/4

Hi, 

Everyone should be altered to a repressive new noise ordinance that looks 
like it will soon be adopted by the Seattle City Council.  

There will be a protest rally this Monday, 10/4/99, at 5pm at 5th & James to 
protest. KL Shannon and Sally Soriano (I think) will be among the speakers. 
The rally is being sponsored by Sea-4C (Seattle- Citizens for Culture, 
Creativity, and Community). It is endorsed by the Seattle Progressive 
Coalition and Free Speech Seattle.

Here are some of the worst parts of the proposed new noise ordinance:

- Subjectivity. The new ordinance includes a "plainly audible" standard 
(rather than set decibil levels) in the public nuisance section, which also 
provides that an unamplified human voice can violate the ordinance;

- Discretion to the police. Police would not be required to give a warning 
prior to arrest or citiation (unlike the current practice); and

- Incredibly harsh penalities. The Committee recommendation is: $250 for the 
first offense, $500 for the second offense, and $1000 and jail time for the 
third offense.  Note that the the first and second offenses, for example, can 
incur in the same evening.

It should be noted that organized labor pushed hard to ensure that rallies of 
all kinds would be exempt from the noise ordinance. This amendment was 
adopted in a 2-1 vote in the Public Safety Committee (with Margaret Pagler 
opposing). Construction noise and airplane noise are also exempt.

With our big WTO protests coming up, people may get cited and/or arrested 
despite being part of rally. We might be on the periphery of the rally and be 
told, for example, that “you can argue the rally defense in court. In the 
meantime, here’s your ticket for $250 or $500 or maybe even $1,000” with an 
arrest. Youth of color, exuberant party goers, people who live on the street 
and others may be particularly vulnerable.

The City Council is expected to vote on the ordinance on Monday, 10/11/99. 
Please call the City Council (206-684-888) or e-mail Council members 
(addresses below) to urge them to vote “No” on the new noise ordinance 
(Council Bill 112728).

A somewhat similar Detroit noise ordinance was overturned earlier this year 
through the work of the ACLU.

For more info on the noise ordinance, contact Rick Hangartner, 
h-206-405-4239. For more info on the rally, contact Ralph Warren of Sea-4C, 
vm-206-366-2149, snhip-no at speakeasy.org.

-- cheers & solidarity, Sarah Luthens    
___
SEATTLE CITY COUNCIL'S & MAYOR'S E-MAIL ADDRESSES
jan.drago at ci.seattle.wa.us, 
martha.choe at ci.seattle.wa.us, 
richard.conlin at ci.seattle.wa.us, 
sue.donaldson at ci.seattle.wa.us, 
nick.licata at ci.seattle.wa.us
richard.mciver at ci.seatte.wa.us, 
margaret.paegler at ci.seattle.wa.us, 
tina.podlodowski at ci.seattle.wa.us,   
peter.steinbrueck at ci.seattle.wa.us, 
paul.schell at ci.seattle.wa.us

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