Saturday, May 30, 1998
Judge rules loud music is form of expression
By Jefferson Wolfe
Staff Writer
The Tiffin municial judge dismissed two noise ordinance violations this week, saying they were unconstitutional.
Kristopher B. McEwen, 19, 184 E. Market St., Apt 124 and Anthony L. Hufford, 20, 4369 W. CR 52, were cited in connection with playing loud music in town.
Judge Frederick R. Daniel Jr. said enforcing Tiffin's noise ordinance violated the first amendment rights of freedom of expression.
The Tiffin Codified Ordinances state if a noise is audible from 100 feet or more, there can be a citation.
''A loud muffler is against the law, that's not a first amendment right; playing loud music is,'' Daniel said.
In the two cases, Tiffin Police cited the men without noise complaints from citizens.
He said if another citizen complains, the charge should be disorderly conduct. That charge involves recklessly causing annoyance or inconvenience by making an unreasonable amount of noise.
Daniel said a defense attorney gave him the best argument, through case law, that music is a type of expression. He said the city prosecutor has failed to convince him otherwise.
''If I am convinced that I am wrong I'll change my mind,'' Daniel said. The court of appeals may make the ultimate decision, he said.