ACLU steps in concerning 30-foot noise ordinance in Ocean City

The American Civil Liberties Union is apparently stepping in on behalf of violinists William Hassay and Ion Lucian Ionescu, as well as other Ocean City Boardwalk performers, about the Ocean City Police Department’s reportedly disrespectful enforcement and threats of enforcement of the 30-foot noise ordinance.

This ordinance was apparently permanently enjoined by the US District Court on December 13, 2013. ACLU then urges Guy Ayres and Heather Stansbury, to “act immediately and purge this contempt” in a letter written on August 4.

Based on a statement addressed to “Guy and Heather,” the 6 relevant facts that the ACLU alleges are:

1. Although US District Judge Ellen Hollander preliminarily and then permanently enjoined as unconstitutional enforcement of Ocean City Code § 30-272(2)b on the Boardwalk three years ago, the City continues to maintain a link to this invalidated law on a website purporting to be “the official website of Ocean City, maryland,” http://ococean.com/explore-oc/town-ordinances/, thus wrongly suggesting that Boardwalk performers still must comply with it.

2. The enjoined provision of Ocean City Code § 30-272(2)b — that is, its express application to the Boardwalk — remains a part of the Ocean City Code, and has not been repealed or amended.

3. Certain police officers apparently continue to be under the false impression that the invalidated 30-foot rule still governs Boardwalk performers, as they verbally threaten performers with arrest of they do not turn their music down to comply with the rule, and, as noted below, actually issue citations to Boardwalk performers for violations of the invalidated rule. Additionally, these or other police officers sometimes threaten performers with violation of a 50-foot rule, presumably referring to the noise ordinance that restricts noise only in residential areas (not on the Boardwalk) and only from 12 am to 7 am. We have been told of multiple instances of this happening, which we can supply evidence of if required to do so in court.

4. On July 29, violinist Ion Ionescu was told to turn down his music in response to a complaint received by an Officer Wawrzeniak (badge #8223) — who we believe to be the same Officer Richard Wawrzeniak who was named defendant in the Hassay lawsuit. Cpl. Wawrzeniak said he did not want issue to Mr. Ionescu a citation but that he had to take action when a merchant makes a complaint, so would give him just a verbal reprimand. In fact, however, in this instance it is the responsibility of police to inform complaining merchants that the First Amendment protects the rights of performers on the Boardwalk, meaning no action could lawfully be taken on the complaint, including a verbal warning.

5. On July 30, Mr. Ionescu was issued a written citation wrongfully charging him with non-compliance with the ordinance, based upon his violin performance on the Boardwalk, at First Street. A copy of the citation is attached. Mr. Ionescu informs us that although the citation was issued by Officer Ishmael Haimerl, badge #3G583, Mr. Ionescu was approached by a group of officers when the citation was issued, including Lt. Mark Pacini, former head of the Boardwalk patrol and also a names defendant in the Hassay case. During the course of this encounter, Lt. Pacici was shouting at Mr. Ionescu, and told him that since a car us fifteen feet long, if he could hear Mr. Ionescu two car lengths away, he could give him a ticket, or better yet, arrest him.

6. We are told, but have not yet confirmed, that two other written citations like the Ionescu citation have been issued to other Boardwalk performers.

The ACLU goes on to explain that they feel these actions are unacceptable, and they intend to re-open the Hassay litigation and seek a contempt finding, as well as remedial orders, unless the City takes certain actions, which are listed later in the letter.

Deborah Jeon, legal director for the ACLU of Maryland commented on the matter by saying,

“The ACLU of Maryland took action and wrote to Ocean City officials in early August after learning that performers were once again being wrongfully targeted by police on the Boardwalk. In 2013, the ACLU filed a lawsuit challenging an unconstitutional noise ordinance on behalf of William Hassay, Jr., an accomplished violinist who has played for families on the Boardwalk for nearly two decades. This year, the ACLU spoke out on behalf of another violinist, Ion Ionescu, who was harassed by police and threatened with arrest for violating the same unconstitutional noise ordinance, which has not yet been removed from the City’s code. Thankfully, the City quickly responded and will be issuing a directive to police officers about not enforcing the 30 foot rule against performers on the Boardwalk  and has promised to remove the noise ordinance language from the City’s website. Hopefully, free speech will finally be honored on Ocean City’s Boardwalk.”