Court Upholds Tranquility Over Bullhorns
For the second time in a year, a court has upheld the validity of Laguna Beach's noise ordinance, which was challenged on constitutional grounds by a pro-life activist prohibited from using a bullhorn to deliver his message.
Federal District Court Judge Cormac J. Carney last week denied a preliminary injunction sought by activists Steve Klein, Howard Putnam and Glen Biondi.
In his Aug. 28 ruling, Carney said the city has significant interests underlying its ordinance, which he said is "content neutral" and places reasonable restrictions on the time and manner of speech. Lawyers for Klein failed to return phone calls seeking comment.
Last November, Klein requested permission to use a bullhorn outside the high school after school ended, and outside city hall and in the business district between 4 and 5 p.m. in order to increase the range of his voice. When the city manager refused the request, Klein's attorneys filed suit last December, seeking a temporary restraining order against the ordinance. "The permit scheme is an invalid prior restraint on speech because it vests unbridled discretion in the city manager," the suit said.
In January, a court denied the plaintiff's request.
Klein's attorneys, La Mesa's Michael Kumeta and Bonsall's William Gillespie, revised the suit in June after the council adopted and revised its ordinance, which made amplification rules more restrictive. The revision specifies that amplification is not permitted within 100 yards of hospitals, schools, churches and city hall while buildings are in use and for 30 minutes before or after they are in use.
Klein asked the courts to rule ordinance unconstitutional and sought damages of $4,000 for each plaintiff as well as attorneys fees. Klein had previously been cited for distributing flyers in San Clemente, which he also sued in 2007.
Carney found that the city has substantial interest in maintaining tranquility after the school bell has rung, citing numerous activities, such as faculty meetings, arts rehearsals, student athletic programs. Similarly, activities proceed at city hall outside business hours.
The judge said Laguna's commercial district would obviously be harmed by being captive to Klein's amplified voice.
Carney added, "Indeed, it is not difficult to imagine a freespeech arms race of sorts, where groups compete with each other to be heard; each one turning the volume up a notch to attract attention. Soon, the tranquil character of Laguna Beach could be lost; the sounds of the ocean drowned out in a sea of blaring bullhorns."
