Posts Tagged ‘noise ordinances’

Noise Ordinances Being Struck Down Post-Tanner: The Problem of Decibels

As discussed in the last post, many localities are struggling after the Virginia Supreme Court’s opinion in Tanner v. City of Virginia Beach to adopt ordinances to comply with that decision.  No longer can localities use a “reasonable person” standard in a criminal noise ordinance without risking a run-in with Tanner. What can replace that [...]

 

Noise Ordinances Being Struck Down Post-Tanner: What’s A Locality To Do?

This blog predicted that the decision by the Virginia Supreme Court in Tanner v. City of Virginia Beach would likely have significant impacts on local governments and their citizens. Forecast has become fact, as ordinances across the state have been struck down or charges dismissed. In the City of Richmond, a noise ordinance adopted after the Tanner decision was [...]

 

Is the “Reasonable Person” Dead in Virginia?

Well, it’s over. The “reasonable person” is dead. Or is it? The U.S. Supreme Court denied the request for a writ of certiorari by the City of Virginia Beach to review the Virginia Supreme Court’s decision overturning the City’s noise ordinance in Tanner v. City of Virginia Beach, 277 Va. 432, 674 S.E.2d 848 (2009). [...]

 

Tanner v. City of Virginia Beach, Part Two: Lingering Questions and the “Due Process Clause” Applied to Local Noise Ordinances

Beyond the direct impacts on local government noise regulation resulting from the Tanner v. City of Virginia Beach case, (see previous blog post below), there are some questions that arise. These questions arise from the Virginia Supreme Court’s reliance on the “Due Process Clause” – all caps, with no citation – to strike down the [...]

 

Tanner v. City of Virginia Beach, Part One: Impacts on Local Government Noise Ordinances

I have prosecuted noise ordinance violations, litigated the very issues decided by the Virginia Supreme Court in Tanner, and authored the LGA/VML amicus curiae brief filed in that case. Like many local government attorneys and their clients, I am struggling with the case’s impacts on local government noise ordinances. In its opinion, the Virginia Supreme [...]