City Noise Ordinances Citations Dismissed

05/20/2009

The owner of a live music bar was embroiled with city officials over conditions the city imposed on the bar’s operations when city police criminally cited him with two violations of city noise ordinances. The Larkin Hoffman Real Estate Litigation team of Gary Van Cleve and Julie Nagorski brought a motion to dismiss, arguing that the ordinances were unconstitutionally vague, encouraged arbitrary enforcement, and impermissibly conflicted with state law. After reviewing the bar owner’s arguments, the State dismissed the charges in their entirety.