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 [...]

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 [...]