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San Francisco’s Noise Ordinance Is Upheld
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals on Friday affirmed an order denying an application for a preliminary injunction to bar enforcement of San Francisco City/County ordinance requiring a permit to use sound-amplification equipment in public parks.
A three-judge panel—comprised of Circuit Judges Lucy H. Koh, Jacqueline H. Nguyen, and Kim Wardlaw—said in a memorandum opinion that the ordinance does constitute “a prior restraint on speech” but that it “constitutes a reasonable time, place, and manner restriction.”
The ordinance “is content-neutral as it applies to all events regardless of content,” the judges said, adding:
“The City’s interest in protecting parks from excessive noise is significant.”
Plaintiffs Alexander Stewart and Andrew Conway argued that what the city should do is to bar amplification exceeding a certain decibel level. The judges said the opponents of the ordinance are simply quibbling over the best way to achieve the objective.
They remarked:
“As the City points out, estimating decibel levels in advance to issue permits and enforcing the ordinance based on decibel levels are less feasible.”
The case is Stewart v. City and County of San Francisco, 22-16018.
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