Reply to Noise ordinance and first amendment rights

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[quote=Anonymous]I note that last February, the U.S. Supreme Court denied an appeal of a 9th Circuit ruling that horn honking is not protected under the First Amendment.  My guess is that using sirens for the purpose of a protest would not be either.  DC does have a law on the books that governs the use of horns.  There are also regulations governing sirens.  While these apply to vehicles, again I assume that these can also be applied to use by demonstrators.

Below are three responses.  The first is from District 2 Commander Savoy--if you can call it a response.  The second is from Councilmember Frumin.  The last is from Special Operations Commander Bagshaw

From Commander Savoy

Hello Sir,

Thank you for the email. I visit this location everyday. While I understand your frustration, this has been very challenging considering jurisdictional boundaries and laws. First amendment activities fall under our special operations division. I will forward your email to Commander Bagshaw.

Tatjana Savoy
Commander, Second District
Metropolitan Police Department
3320 Idaho Avenue, NW
Washington, DC 20016
Office: (202) 730-1901
Cell: (202) 740-4701
tatjana.savoy@dc.gov

From Councilmember Frumin:

Thanks Commander Bagshaw
 
I too go by often and will again today.  The situation is terrible and I can imagine has to be exasperating to those living close to it. 
 
Based on my conversations with Commander Bagshaw and others, I take it that the limitation under DC law is that First Amendment noise must be under 80 dB as heard from inside of the nearest residence.  There is legislation pending that would lower that limit to 55dB in response to protests near the Chinese Embassy.  That legislation has not gotten a hearing yet.  I hear you that the Ninth Circuit has found a horn is not free speech.  I do not know all the facts of that case and whether on could argue it applies here.  Ninth Circuit precedent might not particularly if there is precedent to the contrary in the DC Circuit.  I fear that it is not given Commander Bagshaw’s statement that use of a siren or bullhorn is not prohibited by law, but perhaps MPD and the OAG could look at that case to see if it forms a basis to say use of horns and sirens in the District is not protected speech or is subject to a lower threshold. 
 
In the meantime, I am curious whether current activities violate the 80 dB rule or would violate a 55 dB one if it were enacted.  I bought a decibal reader this weekend and would happily come by to measure.
 
---
Matt Frumin
Ward 3 Councilmember
mfrumin@dccouncil.gov

From Commander Bagshaw:

Good evening,
 
Thank you for your email and understanding the issues involving First Amendment demonstrations.  The Metropolitan Police Department has been working with the State Department, the United States Secret Service, other DC agencies, and both the United States Attorney’s Office and Office of Attorney General to monitor the on-going demonstration and attempt to resolve issues as they arise.  The challenge, as you noted, is the protections afforded to the First Amendment activity and the laws which the Police Department are governed by and enforce.  The use of the siren and bullhorn is not prohibited by law.
 
I also note, the goal of the Metropolitan Police Department is to ensure any group can engage in their First Amendment rights safely.   As demonstrations are common in the city, we routinely encounter groups in which participants play music, use bull horns and speakers, and have table and chairs set up during their activity.  With ensuring the protestors can express their rights without violence, the Department also has to ensure we are uniform in the enforcement of any laws or regulations and there is no law prohibiting the length of a demonstration.
 
As for the signs obstructing the sidewalk or intersections, this is not legal.  While the signs can be up, they cannot obstruct the sidewalk as for pedestrians to not walk by or block the view of motorists at intersections.  I will ensure the officers are addressing this issue when they are patrolling the area.  We will continue to have a presence in the area and respond to any issue accordingly.  Please feel free to reach out if you have any more questions.
 
Commander Jason H. Bagshaw
Metropolitan Police Department
Homeland Security Bureau
Special Operations Division
(202) 671-6510 
jason.bagshaw@dc.gov
www.mpdc.dc.gov
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