LETTER: Resident claims Burien’s Noise Ordinance violates First Amendment
[EDITOR’S NOTE: The following is a Letter to the Editor, written by a Reader. It does not necessarily reflect the opinion of The B-Town Blog nor its staff:]
Honarable Mayor Lucy Krakowiak
Councilman Austin Bell
Burien City Council et al
Please present, for your consideration, at the next city council meeting.
In regards to;
Minor Amendments to BMC Titles 9, 17 and 19, esp. 9.105.400 Noise.
(c) Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.
The text “or at any time and place” which negates the “particularly between the hours of 10:00 p.m. and 8:00 a.m” is a clear violation of the freedom of speech amendment to the constitution of the United States and should be struck.
Also, the term “unreasonably disturb” has not been clearly defined to decibel level or is the issue content driven?
Both The National Endowments of the Arts and The Washington State Arts Commission supports street music and busking. What would New Orleans be without its street music? New York, to San Francisco has its revered street musicians. Seattle has its famous Pike Marketplace musicians. The Burien ordinance had no restrictions on street music. The laws must take into account all the citizens of Burien. This amendment appears to be placating to the comfort of owners or possessors of real property who are not sentient citizens, but merely property owners.
Street music is a demonstration that a city has musical culture and refinement.This change appears to be more than it is and is clear violation of the First Amendment which protects freedom of speech, the right to express any opinions without censorship or restraint. and that includes music.
Thank you for your time,
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