Quest for Quiet

Fengler, Schwartz Look Out for Little Guy’s Quiet

2008-10-31T14:16:00.000-04:00

In the three-year Quest for Quiet, which concluded this summer, several candidates running for reelection have emerged as shining examples of exceptional community servants--champions of the Little Guy.

I can vouch for these folks, who steadfastly worked for the rights of D.C. residents:

Joe Fengler, Advisory Neighborhood Commissioner for ANC6A
Carol Schwartz, At-Large D.C. City Councilmember (write-in)

This community deserves another term of service from each.

I won’t say anything about the other candidates--those that deserve praise are mentioned here--with one exception: Kwame Brown, who is running for another term as At-Large D.C. City Councilmember. On our single noise issue, this guy had more positions than a yoga master.

I’m not that flexible with my vote, Mr. Brown.

The Relative Quiet of 8th and H Streets NE

2008-09-10T22:18:00.004-04:00

After months of relative quiet inside the homes of those living near H and 8th Streets NE, I think the friends and neighbors now can safely accept that one noisy and amplified group has finally moved to busier pastures.

It started earlier this spring, in the heat of the battle with the city council over a bill that would protect residents from unreasonable amplified noise INSIDE their homes. Suddenly one Saturday, representatives of the Israelite School of Universal Practical Knowledge (ISUPK) stopped gathering with their amplifier in our northeast neighborhood.

Many here suspected a conspiracy—some payoff to quiet the amplifiers until the brew-ha-ha down at city hall blew over. However, we’ve discovered the group now blasts their amplifier on Fridays in Chinatown—H and 7th Streets NW.

This blogger has more.

According to one member of the ISUPK who works in my building, the bustling Chinatown intersection offers more people to hear the group’s amplified message.

The D.C. residents of downtown Chinatown have my sympathies about the blasted noise.

Meanwhile, H and 8th St NE remains home to the Rev. Dallas Williams and others, but their amplified lectures are few and far between—plus they’ll turn down the volume if asked.

In the News: The Vote's Morning After

2008-06-04T06:48:00.011-04:00

A quick rundown of the noise news...

Council Approves Noise Bill, or Does It? [Washington Post's D.C. Wire]
The D.C. Council gave final approval today to a heavily amended noise bill in a 9 to 4 vote after a hard-hitting lobbying campaign by labor unions that several council members described as mean-spirited and unfairly targeted at two members who are up for reelection. [READ MORE...]

Kwame and Yvette Are Noise Bill Flip-Floppers! [Washington City Paper]
Councilmembers Kwame R. Brown and Yvette Alexander, both targeted by unions for their support of restrictions on amplified speech, have caved to the pressure. [READ MORE...]

Gutted Noise Bill Passes 9-4 [Washington City Paper]
Ward 5 Councilmember Harry Thomas Jr.’s pro-union amendment passed and the full bill both passed 9-4. [READ MORE...]

Council Action Roundup [Washington Post]
...the council gave final approval to a significantly tweaked noise bill in a 9 to 4 vote after a hard-hitting lobbying campaign by labor unions that several council members described as mean-spirited and unfairly targeted at two members up for reelection. [READ MORE...]

Amplified Noise Legislation Update (Bad News) [PQLiving]
The best quote from the council discussion was when Tommy Wells (Ward 6) said that none of this legislation helps the 10,000 people living downtown. [READ MORE...]

Noise Bill Passed, But Won't Do Anything About Noise [DCist]
The D.C. Council earlier today passed an amended version of the noise bill first introduced by Tommy Wells and Mary Cheh that was born out of Ward 6 resident David Klavitter's crusade to put an end to amplified street preachers keeping him awake at his home near H Street NE. But Wells and Cheh actually voted against this bill, after it was basically gutted by an amendment introduced by Ward 5 Council member Harry Thomas Jr. that was a major concession to union groups. [READ MORE...]

Labor successfully waters down noise bill [Greater Greater Washington]
The DC Council just passed a revised version of the much-debated bill on non-commercial noise. [READ MORE...]

Bloggers Sound Off About New D.C. Noise Rules [Free Ride]
The D.C. Council this afternoon passed a new noise bill, a move that came after a series of amendments and a bruising skirmish between labor unions and some council members. [READ MORE...]

Help for the Neighborhoods [Washington Post editorial]
Opponents [of the noise bill], largely from organized labor, have wrongly portrayed the issue as one of free speech and assembly. Nothing in the carefully drafted bill would curtail public protests. It simply establishes allowable noise levels, higher than in other cities and calibrated above background noise. [READ MORE...]

Gutted Noise Bill Passed Council

2008-06-03T13:31:00.003-04:00

The District of Columbia has a new and toothless noise bill. I'm busy with work, so I'll let the Washington City Paper give you the play-by-play [Read more HERE]:

Gutted Noise Bill Passes 9-4: Ward 5 Councilmember Harry Thomas Jr.’s pro-union amendment passed and the full bill both passed 9-4. Original bill sponsors Tommy Wells and Mary Cheh both voted against in both cases, along with David Catania and Carol Schwartz. Chairman Vincent C. Gray and Ward 8 Councilmember Marion Barry, though both in support of the union position, denounced in strong terms labor’s targeting their colleagues. Barry said he was “very upset with my friends in the labor movement”; Gray said he was “offended and disappointed to see what happened” to Kwame Brown and Yvette Alexander.

Ward 5 Councilmember Harry Thomas borrowed Jack Evans' amendment, which passed 9-4. It raises the decibel level limit from 70 to 80 dB, restricts the limit to R-1 through R-4 zones, and changes the requirement for measurement to inside the home.

Basically, this offers zero protection for our downtown friends and allows the noise of a freight train inside a residential bedroom.

We are grateful for the tenacity of all D.C. residents who stood up for their rights--especially our elected Councilmembers Tommy Wells, Mary Cheh, David Catania and Carol Schwartz. They truly fought the hard fight for the residents of the District of Columbia.

Thank you.

Council Volunteer Needed for Home Noise Test

2008-06-03T09:57:00.005-04:00

Lest any elected councilmember believes that 80 decibels inside one's bedroom is an allowable level of sound, we propose a controlled test. The requirements:

* One councilmember inside the comfort of his or her living or bedroom;

* One trained noise inspector with a certified decibel meter stationed inside the councilmember's living or bedroom;

* Members of the interested Washington-area media, labor union officials and other councilmembers stationed inside the councilmember's living or bedroom.

* One single person with an amplifier positioned outside the councilmember's home;

* Increase amplified decibels until noise volume reaches 80 decibels as measured in councilmember's living or bedroom.

We'll supply the one person with amplifier, the trained noise inspector and invitations for special guests. The volunteer can even provide refreshments, if desired.

Now, who will volunteer?

Wanted: Councilmembers with Courage

2008-06-03T09:24:00.002-04:00

"The unwilling listener is not like the passer-by who may be offered a pamphlet in the street but cannot be made to take it. In his home...he is practically helpless to escape this interference with his privacy by loudspeakers except through the protection of the municipality.”

--1949 U.S. Supreme Court decision which upheld a municipality's right to defend citizens against amplified devices: KOVACS v. COOPER

The Washington City Paper reports that At-Large Councilmember Kwame Brown apparently plans to cave to special interest pressure during today's vote on bill that would protect residents--inside their home--from amplified noise.

Ward 2 Councilmember Jack Evans's amendment provides zero protection for commercial areas of the city and raises the dB level from 70 to 80 in residential areas as measured INSIDE the home.

That's a freight train in your living room--a hollow victory at best.

In fact, that proposal would not even protect Councilmember Evans--inside his Georgetown home--from the amplifiers of March 2008. See the video.

To be fair, Brown and Ward 7 Councilmember Yvette Alexander withered under a barrage of special interest advertising which began running last week. She remains on the fence, apparently. But that's where the courage comes in.

And one last shout from the U.S. Supreme Court decision:

"The preferred position of freedom of speech in a society that cherishes liberty for all does not require legislators to be insensible to claims by citizens to comfort and convenience. To enforce freedom of speech in disregard of the rights of others would be harsh and arbitrary in itself."

Amplifier-Awakened D.C. Babies Are Pissed

2008-06-02T09:28:00.004-04:00

Nobody should have the right to force loud noise--no matter the content--into anyone’s private space.

District of Columbia parents and grandparents are furious because the current law allows unreasonable amplified people with impunity to wake babies.

Inside the walls of their home. Within their cribs. Surrounded by cuddling arms.

And Councilmember David Catania reminds us to hold dear a student’s right to learn by protecting them from distracting amplifiers.

Give D.C. kids--and parents and grandparents and teachers--a break: Support the "Noise Control Protection Amendment Act of 2008 (Bill 17-177).”

The final vote is on the council's June 3 legislative meeting agenda. Need help understanding what all these decibels in D.C. mean? Here's an easy interactive explanation from the Washington Post.

Labor Ads Blast Citizens’ Quiet Rights

2008-05-30T00:17:00.002-04:00

The Washington Post reports several labor union groups have banded together in a three-day advertising blitz to kill a bill that would protect D.C. residents at home from unreasonable amplified noise. The bill also would bolster free speech.

I can’t say labor’s effort was unexpected.

Some unions have an everyone-be-damned obsession with the citywide noise loophole they sneaked into a 2004 Georgetown street construction bill—a process of which residents at that time were not made aware.

Other labor groups, like SEIU 32BJ and SEIU 500, can empathize with residents and support the noise bill. Thank you.

The reality is labor unions have the money to buy advertising, retain lobbyists and lawyers, hire protesters, and employ amplifiers as weapons of unrelenting noise.

Meanwhile, the hopes of the District’s working families—moms and dads, grandmothers and grandfathers, retirees and children—rest with the elected councilmembers.

Politics obviously does not lack money. But sometimes it takes a little courage to do the right thing for the people of this great city.

Noise Bill Will STRENGTHEN Free Speech

2008-05-28T12:00:00.000-04:00

As a journalist and former card-carrying member of the Office and Professional Employees International Union (Local 39), I’m rabidly protective of free speech rights and complete transparency in our government processes.

That’s why I back a noise bill that actually enhances our democratic process. Here’s how:

The current law contains this provision, which the pending bill will NOT change:

DCMR § 20-2704.8 “The unamplified voice shall be exempt at all times.”

Unamplified voices are and would remain exempt from the District’s noise ordinance. When large numbers of people are energized about an issue, they should dominate the public debate--not one person with a big amplifier.

What does this mean? It means 100, 1,000, or 100,000 people marching in D.C. will have NO (zero, nada, nothing) restrictions on how loud their unamplified voices can be. And that’s the way it should be.

As a matter of fact, D.C.’s current law violates the right to free speech for those without—or with smaller—amplifiers.

Let’s let the people prevail--not special interest groups who, when lacking real voices, resort to artificial bullying to get their way.

Video Shows Workings of the Rumbler Siren

2008-05-19T09:52:00.006-04:00

"It's a public safety issue when our society is so loud that public safety officials need to up the ante in order to get someone's attention."

Those are among my comments the Boston Globe included in its Sunday edition. Read the entire story online.

Watch the online video here.

The Text of Councilmember Brown's Amendment

2008-05-14T09:01:00.003-04:00

Here's the text of the amendment offered by At-Large Councilmember Kwame Brown and adopted by the D.C. City Council during its first reading on May 6.

It's important to note that the unamplified voice IS and WILL REMAIN exempt from the D.C. noise ordinance at all times.

AN AMENDMENT
#__1__
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Date: May 6, 2008
Amendment offered by: Councilmember Kwame Brown

to: Bill 17-0177 "Noise Control Protection Amendment Act of 2008 "

Version:
Introduced _____
Committee Print _____
First Reading __x__
Amended First Reading _____
Engrossed _____
Enrolled _____
Unidentified _____

A. Long Title Page 1 Line(s) 20-22

The long title is amended by striking “district;” and inserting the phrase “district, or exceeds the greater of 80 decibels, or 10 decibels above the ambient noise level, when measured at a distance of 50 feet in districts not zoned residential;” in its place.

B. Section 2 Page 1 Lines 28-34

Section 2 is amended by striking:

“A noise shall not be considered a noise disturbance if it is made during noncommercial public speaking during the daytime and does not exceed the greater of 70 decibels, or 10 decibels above the ambient noise level, when measured at a distance of 50 feet from the source of the noise, or inside the nearest occupied residence in districts zoned R-1A, R-1B, R-2, R-3, or R-4.”

and inserting in its place:

“A noise shall not be considered a noise disturbance if it is made during noncommercial public speaking during the daytime and does not exceed the greater of 70 decibels, or 10 decibels above the ambient noise level, when measured at a distance of 50 feet from the source of the noise, or from the nearest occupied residence in districts zoned R-1A, R-1B, R-2, R-3, or R-4. A noise shall not be considered a noise disturbance if it is made during noncommercial public speaking during the daytime and does not exceed the greater of 80 decibels, or 10 decibels above the ambient noise level, when measured at a distance of 50 feet in all other zoned districts. Except as it may otherwise conflict with the provisions of this act, all measurements of noise levels shall be performed and verified by qualified inspectors of the Department of Consumer and Regulatory Affairs in accordance with the requirements specified in Chapter 29 of Title 20 of the District of Columbia Municipal Regulations.”

Rationale:

To accommodate the increased noise in downtown neighborhoods, a greater threshold is created for non-residential zoned districts. This provision guarantees, as a matter of right, that amplified noise downtown can be twice as loud as the noise around it, while also providing residential neighborhoods greater noise protections. In addition, this amendment clarifies the original intent of the legislation that the noise provisions be enforced properly and by trained and qualified DCRA inspectors, not Metropolitan Police Department (MPD) officers.

WTOP Offers Retrospective on Noise Saga

2008-05-09T09:42:00.002-04:00

WTOP Investigative Reporter Mark Segraves in his weekly column, "Malcontent Minute," offers a retrospective look at the ongoing D.C. battle for quiet rights.

I never would have imagined the simple act of asking someone to please lower the volume would result in such drama. Kudos to the common-sense citizens of this fine city who care enough to enact change.

As Segraves says, "score one for the little guy." Read his complete story here.

News Roundup: Council Vote

2008-05-07T14:11:00.003-04:00

D.C. Council Gives Preliminary Approval to Noise Bill [Washington Post]
After intense and loud debate, the D.C. Council gave initial approval yesterday to noise legislation that would quiet demonstrators in residential neighborhoods but allow them to pump up the volume downtown and in front of hotels. [READ MORE]

Council backs noise restrictions; area unions furious [The Examiner]
The D.C. Council on Tuesday narrowly backed an effort to limit daytime noise levels on city streets, a measure heralded by community leaders but condemned by local unions as a crushing blow to their First Amendment rights. [READ MORE]

Shhhh! Everybody Calm Down [Washington Post’s D.C. Wire blog]
The D.C. Council is set to vote today on a noise bill that has been tabled, tweaked and revived. But the council appears to still be divided despite amendments offered by Council member Jack Evans (D-Ward 2) and Tommy Wells (D-Ward 6). There was pouting and at least one audible curse word at this morning's council breakfast, where council members discussed the bill. [READ MORE]

Noise Bill Passes [Washington City Paper]
The noise bill has passed its initial test on the D.C. Council. [READ MORE]

D.C. Council Adopts Noise Measure [WTOP]
The D.C. Council has given preliminary approval to restrictions on noisy demonstrations. [READ MORE]

NOISE BILL PASSES! (Shhhhh! Quietly.) [dcist blog]
Earlier this year it looked like a measure pushed by some Ward 6 residents to impose volume limits on protests in residential neighborhoods was destined for failure. As we briefly mentioned yesterday, though, the D.C. Council endorsed an amended version of the legislation. [READ MORE]

Council Adopts Anti-Noise Measure [WJLA ABC 7]
The D.C. Council has given preliminary approval to restrictions on noisy demonstrations. [READ MORE]

Council Votes to Protect Citizens from Noise

2008-05-06T17:17:00.004-04:00

A majority on the D.C. City Council was looking out for the Little Guy today. The "Noise Control Protection Amendment Act of 2008 (Bill 17-177) passed its initial test on the D.C. Council, 8-5.

After more than an hour of heated debate, a compromise offered by At-Large Councilmember Kwame Brown was adopted that put an 80 decibel cap on downtown amplified speech in addition to a 70 decibel cap on residential amplified speech, measured at the property line. Also included was a provision to allow amplified speech to exceed ambient noise by 10 decibels.

Voting for the bill (my infant daughter is just now smiling in her sleep...I'm not kidding): Councilmembers Mary Cheh, Tommy Wells, Yvette Alexander, Marion Barry, Kwame Brown, Carol Schwartz, David Catania, and Chairman Vincent Gray.

Voting against: Councilmembers Jim Graham, Jack Evans, Muriel Bowser, Henry Thomas, Phil Mendelson.

In a touch of added drama, a Jack Evans' amendment--which would have effectively gutted the bill--was narrowly defeated, 7-6. His change would have allowed anyone to push their amplified speech into homes at 80 decibels as measured INSIDE one's home. That's a freight train in your bedroom, folks!

The second reading still looms next month, so this still isn't over, but this is a big step.

All Councilmembers on Equal Footing During Debate

2008-05-06T16:33:00.004-04:00

The District of Columbia City Council this afternoon currently is debating merits of the "Noise Control Protection Amendment Act of 2008 (Bill 17-177).

Whatever your position on this bill, its refreshing to hear and see both sides duel in the free marketplace of ideas--especially when one side's voice is not smothered by the other's domination with an amplifier.

You can watch on Cable Channel 13 or via the Internet. The Washington Post's D.C. Wire also offers some tidbits.

Oh, and hey...if you don't want to watch or hear it, you have the power to not tune in--unlike many D.C. residents forced to endure hours of amplified noise inside their own homes.

City Council on Tuesday to Consider D.C. Noise Bill

2008-04-30T15:54:00.003-04:00

In an effort to protect currently defenseless District of Columbia citizens against amplified noise, the city council is prepared on Tuesday to address the pending noise bill, which was untabled last month.

Today's Washington Times reports some councilmembers plan to offer amendments, which could potentially weaken protection for residents. People from all parts of the city will stay tuned into the action, lest special interests again sneak away the peoples' rights.

Despite rhetoric to the contrary, Councilmembers Tommy Wells has worked to ensure all parties have been involved in the process--including the D.C. Labor Council, which occupied the very first seat at the table in February 2007.

The bill has the support of ANC 6A and 6C, the Hillcrest Civic Association in Ward 7, the Penn Quarter Civic Association and Downtown Neighborhood Association in Wards 2 and 6, the Woodland Normanstone Neighborhood Association in Ward 3, and labor unions SEIU 32BJ and SEIU 500, representing thousands of working men and women in D.C.

D.C. Mayor Adrian Fenty has pledged to sign and enforce such quality of life protections.

Symphony Musicians Turn Down to Protect Hearing

2008-04-30T15:41:00.006-04:00

With apologies to Pete Townshend, this story about loud symphonic music appears in the New York Times. An exerpt:

"Rock musicians have talked openly about loud music and ear protection for years. The issue is more delicate for classical musicians, who have been reluctant to accept that their profession can lead to hearing loss, even though studies have shown that to be the case."

Apparently new noise laws in Europe which limit workers’ exposure to potentially damaging noise and which took effect for the entertainment industry this month.

"Tests showed that the average noise level in the orchestra during the piece, “State of Siege,” by the composer Dror Feiler, was 97.4 decibels, just below the level of a pneumatic drill and a violation of new European noise-at-work limits. Playing more softly or wearing noise-muffling headphones were rejected as unworkable."

The laws also place a kilt over the bagpipes in Scotland:

"Typically, a pipe band played at full volume peaks at 122 decibels outdoors, noisier than the sound of either a nightclub or a chainsaw, which rises to 116 decibels."

Check that story here.

Noise #1 Neighborhood Complaint, Reports Wash Times

2008-04-26T07:06:00.001-04:00

The cover story in the April 25th HomeGuide edition of the Washington Times reports that Americans rank noise as one of the major problems in neighborhoods today.

From trash trucks to karaoke machines, paper-thin condo walls to amplifiers, this story covers the waterfront. It also notes the variety of regulations throughout the Washington, D.C., area. An excerpt:

"Noise ordinances can differ significantly by jurisdiction. In the District, for example, the city council is considering an amendment to the existing noise law that would limit the level of amplified noncommercial speechmaking, which has been protected up to now. Fairfax County considers televisions, radios, musical instruments and animal sounds noise disturbances when they are plainly audible across property lines or through partitions. (All complaints usually require monitoring to establish that a violation exists.)"

It also touches on a D.C. bill now pending before the City Council. It would protect residents from unreasonable amplified people.

Read Lisa Rauschar's complete story, "Enjoying peace, quiet in neighborhood," on the Web.

D.C. Bar Explores Noise Regs and Enforcement

2008-04-25T08:35:00.006-04:00

The District of Columba Bar will examine in detail the city's noise laws, regulations and enforcement in a program entitled, "Noise Act Protections in the District of Columbia: Preserving the Peace."

The purpose is to "inform practitioners and citizens of the requirements and application of the District’s Noise Act, and compliance therewith by businesses, citizens and the United States."

Additionally, the panelists will "address reporting Noise Act violations, D.C. Departement of Consumer and Regulatory Affairs (DCRA) enforcement, and private rights of action against violators."

Everyone is invited.

Speakers:
Nicholas Majett, Deputy Director for Compliance & Inspections, DC Department of Consumer and Regulatory Affairs.

Don Masoero, Chief Building Inspector, DC Department of Consumer and Regulatory Affairs

Bernard Schafer, Senior Assistant General Counsel, US General Services Administration

Moderator:
Robert McKeon, Deputy General Counsel, DC Office of Tax and Revenue

Date:
Wednesday, May 7, 2008

Time:
12:00 pm - 2:00 pm (Luncheon and Program)

Location:
D.C. Bar Conference Center, B-1 Level, 1250 H Street NW (Metro Center)

Cost:
$30.00 Section Members and Subscribers
$40.00 Non-Section Members
$18.00 Students and Government and Non-Profit Employees

Reservations are held for 20 minutes after the slated event start time.

-------------------REGISTRATION FORM-----------------------------------------
No phone reservations will be accepted. Payment must accompany registration to be processed. *

Send to:
May 7 Noise Act Luncheon
D.C. Bar Sections Office
1250 H Street NW, 6th Floor
Washington, DC 20005-5937

Or Fax to:
202-824-1877
Credit card payments only.

Must be received at least 24 hours prior to event.

Please reserve _____ space(s). Enclosed is my payment of $________.

Method of payment (no purchase orders please):

[ ] Check made payable to the D.C. Bar.
Check No. _________________________

[ ] MC [ ] VISA

Credit Card Acct. No. _________________

Exp. ____________

Name _________________________________

D.C. Bar No. ______________________

Address ___________________________

City/State/Zip ____________________

Phone No. _________________________

Fax No. ___________________________

If you require a dietary or physical accommodation, please contact the Sections Office at 202-626-3463 or e-mail sections@dcbar.org.
* For complete registration policies, click here.

D.C. Council Revives Noise Bill to Protect Residents

2008-04-15T15:19:00.002-04:00

This gorgeous spring day finds residents’ windows open to fresh air and news that the District of Columbia City Council acted to protect them from unlimited levels of amplified noise.

Thank you. Thank you. Thank you.

Here’s the news from Councilmember Tommy Wells, who--with Councilmembers Tommy Wells, Mary Cheh and Kwame Brown--co-introduced the bill:

The “Noise Control Protection Amendment Act of 2008” passed in the council’s Committee of the Whole Tuesday. The bill had previously been tabled on Feb. 19th, but a unanimous vote of the members today revived the proposal and put it before the council for consideration.

The legislation closes a loophole in a 2004 law and creates reasonable protections for residents within their homes from amplified noise. Unlike other major cities, DC law does not regulate the volume and intensity of non-commercial amplified noise in the day-time.

“I’m very pleased that my colleagues supported this measure today,” commented Mr. Wells. “We have worked hard to find a fix that is fair and provides some neighborhood protections.”

The bill maintains Washington, D.C. as one of the most liberal and permissive jurisdictions in the country. A review of noise ordinances for the cities of New York, Boston, San Diego, Miami and Los Angeles showed that each has more restrictive laws that what had been proposed in this legislation.

The Noise Control Protection Amendment Act of 2008 seeks to balance First Amendment rights and protections, with the rights of residents to enjoy quiet in their homes and protect their hearing from lasting damage.

Going above and beyond First Amendment protections found in other jurisdictions, with this bill, non-commercial public speech measured above 70 decibels, or 10 decibels greater than ambient noise, would only constitute a noise disturbance if it were also found to be excessive under the “reasonable person” standard as defined by D.C. law.

D.C.’s Attorney General has reviewed this proposal and believes it represents a Constitutionally sound approach that balances the protection of free speech and protection for residents.

The bill has the support of ANC 6A and 6C, the Hillcrest Civic Association in Ward 7, the Penn Quarter Civic Association and Downtown Neighborhood Association in Wards 2 and 6, the Woodland Normanstone Neighborhood Association in Ward 3, and labor unions SEIU 32BJ and SEIU 500, representing thousands of working men and women in D.C.

The legislation will come before the Council on May 6th for First Reading.

D.C. Mayor Adrian Fenty has pledged to sign and enforce such quality of life protections.

Noise Disturbances Seep Into More D.C. Lives

2008-04-06T21:47:00.003-04:00

The Washington Post Magazine's cover story this week by food critic Tom Sietsema revealed that the No. 1 complaint of restaurant diners in the Washington area is noise.

While many out-to-eaters detest having to shout and strain to enjoy their dining companion's company, the story says exposure to loud decibels may be hardest on restaurant workers, who "spend more time in a dining room than do the people they wait on."

Writes Sietseme in the Post:

"Theoretically," says Robert W. Sweetow, director of audiology and professor of otolaryngology at the University of California in San Francisco, "the sound levels over time are loud enough to get impaired hearing." (Otolaryngology is the branch of medicine dealing with ear, nose and throat disorders.)

Noisy restaurants affect more than just the ears. Loud sounds can elevate blood pressure, increase breathing rates, intensify the effects of alcohol and make sleep difficult -- even after the noise ceases. At certain elevated levels, some people can experience dizziness and even nausea.

Read the entire story, "No Appetite for Noise," here.

Home Delivered Marine Diesel Engine Repair Tips

2008-03-18T16:34:00.002-04:00

During sunrise on a chilly Sunday morning, District of Columbia citizen Matt uses an amplifier to ensure residents in the 3100 block of P St NW “enjoy”—in their comfy beds—the finer points of marine diesel engine repair. (Copyright © 2008: David Klavitter)

“If engine system was drained for storage, the next step is to remove the front pump cover,” blared Matt, whose loud words echoed down the tree-lined street at 7:10 a.m. “Carefully inspect the rubber impeller for any deterioration or nicks. Then lightly lubricate the pump impeller, replace gasket and cover securely when inspection and lubrication have been completed…”

The two-hour long amplified lecture was part of an ongoing series designed to demonstrate the absurdity of D.C.’s broken noise law. The current statute provides unlimited volume for non-commercial speech anywhere in the city between 7 a.m. and 9 p.m.

Matt, who lives on G Street NE, used the amplifier to blare his favorite topic at 90 decibels, which was measured 50 feet from the amplifier.

While disappointed that others did not share his enthusiasm for the mundane subject, the long-winded D.C. resident was thrilled to have a captive—and not necessarily willing—early morning audience.

Matt bellowed to reluctant listeners he’d rather be sleeping, but nonetheless thanked the D.C. city council for sponsoring his perverse and absurd activity, which other unreasonable amplified people force him to experience every weekend.

Matt simply wants the city to fix the law and protect his quiet enjoyment at home.

Washington Post Editorial: Reduce the Noise

2008-03-14T09:08:00.005-04:00

The Washington Post today called on the District of Columbia City Council to protect citizens from amplified noise and fix the city's broken noise law.

The editorial said "a proposal to shield D.C. residents from noxious noise is a sensible measure that, contrary to specious reasoning by opponents, has nothing to do with freedom of speech or assembly."

The Post editorial said some groups consider "cacophony to be a favorite weapon," but said D.C. city council members should be responding to "the thousands of residents who are disturbed in their homes."

"Not only is it more liberal than noise ordinances in other cities, it strikes a careful balance between the rights of residents to quiet and the rights of others to make noise in public," wrote the Post.

Read the complete Washington Post editorial here.

D.C. Council, U.S. Supreme Court Clash On Amplifiers

2008-03-12T11:23:00.003-04:00

District of Columbia councilmembers owe it to their constituents to do a little homework before simply pandering to special interests and dismissing citizens' desire for quiet enjoyment of home.

Councilmembers Marion Barry, David Catania, Mary Cheh, Carol Schwartz, and Tommy Wells' genuine concern for D.C. residents and the constitution has earned each of them gold stars. Bravo.

In the meantime, the other councilmembers who simply throw up their hands and do nothing should please review the U.S. Supreme Court decision KOVACS V. COOPER, 336 U.S. 77 (1949). It upheld a municipality's right to defend citizens against amplified devices.

This wonderful gem is among many beautiful opinions found in the ruling:

"The preferred position of freedom of speech in a society that cherishes liberty for all does not require legislators to be insensible to claims by citizens to comfort and convenience. To enforce freedom of speech in disregard of the rights of others would be harsh and arbitrary in itself."

Councilmembers can find more in the ruling's complete text.

FOX 5 Video, Wash. Post Cover G-Town Amplifiers

2008-03-09T20:27:00.007-04:00

Maybe Councilmember Jack Evans simply does not understand how D.C. residents--many in Wards 3 and 6--are negatively harmed by amplified noise in their homes every weekend. Evans' neighbors most likely got the point on Saturday and Sunday.

Saturday's FOX 5 News' 5 and 10 p.m. newscasts carried coverage from the day's amplified noise in one usually quiet Georgetown neighborhood. Click here to see the video.

The front page of the Washington Post's Metro section also carried a story. Click here to read it.

The ruckus started on both Saturday and Sunday shortly after 7 a.m. The noise pollution was spewed by D.C. mothers and fathers, grandmas and grandpas, workers and retirees. The group represented D.C. Wards 3 and 6.

The artificial grassroots power of an amplified simply allowed a handful of people to act as if they were hundreds. Six hardy--and very wet--souls carried out the deed on Saturday. Only three were necessary for Sunday's wake-up call.

Three Metropolitan Police Officers stood watch each morning--and a good thing, too. While many Georgetowners empathized with their fellow citizens' plight, other seething residents wanted blood. In fact, I've never heard the word "fuck" directed at people in so many unusual and creative ways.

There Will Be Noise

2008-03-07T20:30:00.006-05:00

We're not boastful or smug. No bravado or machismo. There's no delight in it, to be sure. But the dirty deed is scheduled. The DCist reported the story this week.

We're moms and dads, teachers, writers, artists and retirees--people from all walks of life across the city.

We came to the table. We were rebuffed. We gathered a broad coalition of the afflicted. Now our "quiet home" bill lays in limbo. They call it tabled. Ordinary folks' concerns dismissed. No debate. And fewer options.

A handful of residents from across this District of Columbia will gather early this weekend and perform exactly what the current law allows--and unreasonable people have taken advantage of.

The ugly of it is that only one or two people are required to carry it out. Thanks to the artificial grassroots power of an amplifier.

We support preachers and protestors in the public space. We simply don’t want them in our homes.

The current D.C. law is flawed. It allows not the art of persuasion though speech, but rather encourages the brute force of amplified noise to physically harass and pound people into submission.

DATE AND TIME:
Saturday, March 8: 7:01 a.m. to 9 a.m.
Sunday, March 9: 7:01 a.m. to 9 a.m. (daylight savings time)

LOCATION:
3000 block of P St NW

Unrestricted Noise Is Just Legalized Harassment

2008-02-27T21:42:00.002-05:00

Returning to work last week, I heard sounds of amplified commotion somewhere down 7th Street NW.

I walked another two blocks and rounded the corner. The noise was much louder and now just a block away. It sounded like a large mass of people yelling at each other through bullhorns.

I expected to see dozens of protestors huddled or parading for or against some issue. But only four people prowled the courtyard. They carried signs with photos of sad puppy dogs.

And three protestors employed blaring bullhorns.

The tiny band was harassing some downtown building dweller with nearly unintelligible noise. Perhaps the competing amplifiers or their masked faces garbled sound, I couldn’t tell.

But it was loud and disturbing.

It seemed the group was not intent on anyone understanding their message. But it was an effective display of one teensy-weensy number of people employing the harassing and disruptive power of unrestricted noise.

WaPo letter: Bullhorns and Balance

2008-02-24T17:58:00.002-05:00

A bill tabled last week by the D.C. City Council would have closed a loophole that makes the District of Columbia "the only major U.S. city with no limits on noncommercial amplified noise," D.C. Ward 6 Councilmember Tommy Wells said in an editorial letter which appeared in today's Washington Post.

"As [Ward 3 Councilmember Mary] Cheh and I worked to fix the loophole, we listened to complaints about noise from residents across the city. Overwhelmingly, residents told us they did not want to limit free speech, but they couldn't compete with amplifiers outside their living room windows. They just asked for a little fairness and protection of their rights, too," he continued.

Read Wells' complete letter here.

Noise Issue on WAMU Radio Talk Show

2008-02-22T10:41:00.002-05:00

The District of Columbia noise issue is the talk of the lunch hour during Friday's "The Politics Hour with Kojo and Jonetta" on WAMU 88.5 FM. It starts at 12:06 p.m. ET.

Ward 6 Councilmember Tommy Wells is one of the guests on the program which "looks at the debate in one D.C. neighborhood over freedom of speech versus the right to peace and quiet," according to the WAMU website.

Commissioner Challenges Councilmembers to Debate Noise Issue

2008-02-21T09:56:00.005-05:00

In an open letter to the community and Councilmembers Kwame Brown and Yvette Alexander, Advisory Neighborhood Commissioner (ANC6A) Joe Fengler challenges the two elected officials to publicly debate the noise issue. The full text is below:

We are disappointed with Alexander and Brown's vote to table the Noise Control Protection Amendment Act of 2007. By tabling the bill, Alexander and Brown voted to deny any discussion of the bill.

It is hard to understand why Alexander voted to table the bill given her publicly stated support at the January 5, 2008, Hillcrest Community Civic Association meeting. At that meeting, she told approximately 100 Ward 7 residents that she would support this bill.

More perplexing is Brown's support of Evan's motion to table as he was a co-sponsor of the bill. Brown has participated in many Capitol Hill community meetings over the last few months as part of his re-election campaign. At no time did he indicate to the residents that he was anything less than 100% behind the bill.

Yesterday [Tuesday], Alexander and Brown failed to support the residents of Ward 6 and Ward 7. After the vote, Alexander and Brown both mentioned they still supported the bill, but that it needs to be "worked out" before it comes to the Council again.

I am personally prepared to debate the merits of this bill with Alexander and Brown in a public forum over the next three weeks. I would welcome that opportunity.

We have worked over two years to develop this bill to balance the concerns of all parties. Perhaps a public debate will provide the opportunity for Alexander and Brown to highlight what changes are needed to garner their support.

Our goal is to get this bill back in front of the council in early March in order to protect the residents from unrestricted levels of noise in their homes. Every resident should have the right to peace and quiet within the confines of their own home. By voting with Evans, Alexander and Brown appear not have that same goal.

As a reference guide to understand how unrestricted, amplified speech impacts a residential community, please see the comprehensive review published in the Washington Post, Sounding Out Solutions for Noise Pollution.

Regards, Joe

Joseph Fengler, ANC Commissioner 6A02

Whom Does the D.C. City Council Represent?

2008-02-21T09:29:00.006-05:00

Is the District of Columbia (D.C.) City Council's duty to act in the best interests of its citizens or special interests?

WTOP investigative reporter Mark Segraves takes a closer look at Tuesday's District of Columbia City Council vote to indefinitely table a bill that would protect residents at home from unreasonble amplified noise. An excerpt:

"Council members Carol Schwartz, David Catania, Mary Cheh and Marion Barry supported the bill. So did Council members Yvette Alexander and Kwame Brown. Alexander had told her constituents in Hillcrest that she supported the Bill. Brown didn't just support the bill, he co-introduced it and co-sponsored it. But something happened to Alexander and Brown."

Segraves interviews Councilmembers Tommy Wells and Advisory Neighborhood Commissioner (6A) Joe Fengler--both supporters of residents' rights. He spoke with Yvette Alexander, who flipped on her commitment and voted to table the bill.

Councilmember Kwame Brown, who co-sponsored the bill but then voted to table it, would not return Segraves' calls.

"We're the only major city in the country that has no limit on amplified speech. I'm trying to provide some balance so that residents of the District can expect some limits to the amount of noise in their neighborhoods," Councilmember Wells told WTOP.

It's not that the noise bill lacked support--on the contrary.

It had the support of ANC 6A and 6C, the Hillcrest Civic Association in Ward 7, the Penn Quarter Civic Association and Downtown Neighborhood Association in Wards 2 and 6, the Woodland Normanstone Neighborhood Association in Ward 3, and labor unions SEIU 32BJ and SEIU 500, representing thousands of working men and women in D.C.

It's ironic that some city council members wave the free-speech banner, but then lack the courage to openly debate the noise bill's merits. It's not unlike trying to have a conversation with some unreasonable person wielding an amplifier.

Read the WTOP report online.

Post, Times, Others Cover Noise

2008-02-20T08:53:00.007-05:00

A roundup of yesterday's city council meeting:

Measure Tabled Over Unions' Free-Speech Concerns [Washington Post]
Union activists persuaded a narrow majority of D.C. Council members yesterday to table a bill initially aimed at quieting street preachers on H Street NE after the protesters said it would limit free speech...MORE

Council tables bill to turn down noise [Washington Times]
The D.C. Council, under pressure from labor unions that cite their right to political protest, yesterday indefinitely postponed a vote on a proposal to tighten noise restrictions...MORE

Noise Bill Swiftly Tabled [Washington City Paper]
Anyone doubting the strength of organized labor in this town, think again: A bill that would allow the District to enforce limits on daytime noise was tabled without debate this morning at a meeting of the D.C. Council’s committee of the whole, thanks in no small part to union protesters...MORE

D.C. Council Chooses Not to Act on Noise [DCist]
When we told you about David Klavitter's struggles against a noisy group of demonstrators on H Street NE a few weeks back, most everyone seemed to agree that while free speech is an important principle, it's not one that everyone has to exercise using a loud amplifier. But today the D.C. Council seemed to disagree...MORE

Council Votes 7-5 to Table Noise Bill

2008-02-19T13:48:00.012-05:00

D.C. Councilmember Mary Cheh, a constitutional law professor and self-professed "card-carrying member of the American Civil Liberties Union," explains why a noise fix is necessary to protect District of Columbia residents. (Copyright © 2008: David Klavitter)

The noise bill is delayed.

That's the result of today's D.C. City Council meeting. It appears that a majority of the D.C. city council cares more about special interests than protecting residents at home from amplified noise.

Councilmember Mary Cheh eloquently introduced the bill, after which Jack Evans made a motion to table the bill, with no other date for consideration.

Tommy Wells, who co-sponsored the noise fix, expressed disappointment at the council vote. "It’s tough to stand up against special interests," said Wells.

"We worked hard with residents and labor leaders open to a solution to find a fix that is fair and provides some neighborhood protections," he added. "I’m disappointed more of my colleagues didn’t side with fairness for our residents, but I’ll continue working to change their minds.”

Thank you to Councilmembers Cheh, Tommy Wells, David Catania, Carol Schwartz, and Marion Barry. They voted against tabling the bill.

Thanks to our fellow friends, neighbors and other citizens from across this great city who wrote letters and made phone calls in support of the bill so far.

Stay tuned...noboby's singing--amplified or otherwise--yet.

Don't Impose Your Sound on Me

2008-02-15T10:39:00.002-05:00

If a rider doesn't want to see a video display, the rider can turn away, Zimmerman said, but "sound is imposed upon me."

Those fine words are included in this Washington Post blurb about potential video advertisements in Metro Stations.

What about sound imposed upon you at home? Not cool. And the U.S. Supreme Court agrees.

Bullhorns Blare 19 Weekends in NW Neighborhood

2008-02-11T08:00:00.000-05:00

Residents in northwest Washington, D.C., report that for the past nineteen weeks, uninvited noise has invaded homes in the Woodland Normanstone neighborhood.

View Larger Map

Protestors, armed with bullhorns, apparently have targeted a television network executive's residence. The New York Times noted it in a story last week.

The protestors' efforts have focused on attempts to annoy and harrass the hell out of the executive cloistured inside her house, but people living in the surrounding homes have suffered as well.

The city's broken noise law leaves District dwellars helpless against uncooperative noisy people--and there's not one dang thing D.C. residents can do about it.

"For residents not involved in the dispute, this has brought an annoying and obnoxious public nuisance to our neighborhood," said one neighbor in a message to the D.C. City Council. "Please continue to push for legislation to control the noise level our residential neighborhood."

Wash Times Notes Noise Bill

2008-02-10T20:17:00.001-05:00

The Washington Times updated its readers on the bill that would protect D.C. residents from intruding amplifiers. The D.C. City Council is expected to address the issue on Feb. 19.

D.C. Ward 3 Councilmember Mary Cheh, a legal scholar who co-introduced the legislation, is quoted:

"There can be restraints on the time, the place or the manner of speech. If it's unreasonable in light of the particular circumstances, then it can be regulated."

Read the complete story, "Bill Aims to Quiet Noise Levels," here.

Meanwhile, a second--somewhat unrelated--story about the D.C. police department's new deep-bass siren, dubbed the Rumbler, ran in Friday's USA Today. It contains a reference to Quest for Quiet.

Find the complete story here.

DCist Covers Noise Issue

2008-02-06T11:53:00.000-05:00

Tuesday's news blog DCist carries a story about noise legislation currently pending before the city council. The bill would protect all D.C. residents' rights to quiet in their own homes.

An excerpt:

And while it seems like the legislation could make demonstrations in certain parts of the District more difficult--especially those neighborhoods that are both residential and commercial, like Adams Morgan or Dupont Circle -- it also seems carefully tailored to balance free speech rights against many of the concerns Klavitter has expressed.

Read the complete story, "D.C. Considers Limiting dB" here.

Council Vote on Noise Moved to Feb. 19

2008-02-04T15:23:00.000-05:00

D.C. Councilmember Mary Cheh has decided not to request a routinely-used waiver of council rules to put on the council's Feb. 5 agenda the bill to prevent noise from being projected into D.C. residents' homes.

So instead, the council will consider the quiet rights bill on its Feb. 19 full council agenda.

Jumbotrons Jolt Downtown D.C. Dwellers

2008-02-03T14:40:00.001-05:00

A story in today's Washington Post shares a growing complaint from residents living in the booming mixed-use buildings in downtown Washington: Noise.

Non-stop video advertisements running on three newly-installed screens are keeping residents awake near the corner of 7th and H St NE.

This is somewhat confusing because the city's current noise ordinance already should eliminate this problem. The maximum decibel level in a commercial zone is 65 dB(A) during the day and 60dB(A) at night.

Of course, D.C. statute allows non-commercial speech to be blasted at unlimited volume anywhere in the city between 7 a.m. and 9 p.m., but I wold believe these advertisements are classified as "commercial."

The residents simply should call the city's Department of Consumer and Regulatory Affairs, which has noise inspectors with the decibel meters.

Read the complete story, "The Sound and the Fury: Gallery Place's Noisy Billboards Drive Some to Distraction" online here.

More Groups Endorse D.C. Noise Bill

2008-01-31T12:07:00.000-05:00

Several more groups have thrown their support behind "Noise Control Protection Amendment Act of 2007 (B17-0177)," which the D.C. City Council is expected to consider on Tuesday, Feb. 5.

The groups represent a broad coalition of residents, civic groups and labor unions from across the District of Columbia. Among them:

* Hillcrest Community Civic Association
* Downtown Neighborhood Association
* Penn Quarter Neighborhood Association
* Woodland Normanstone Neighborhood Association
* H Street Main Street
* Service Employees International Union 32BJ
* Service Employees International Union Local 500
* Advisory Neighborhood Commission (ANC) 6A
* Advisory Neighborhood Commission (ANC) 6C

The bill, crafted through compromise with several stakeholder groups, helps protect all D.C. residents' right to quiet enjoyment of their homes.

"Despite the compromise, the local chapter of the AFL-CIO refused to support the legislation," reports the Jan. 20 edition of Roll Call newspaper.

D.C. Council to Address Noise Bill on Feb. 5

2008-01-29T22:36:00.001-05:00

The District of Columbia Council Committee on Consumer and Regulatory Affairs on Tuesday APPROVED our noise bill! Councilmember Tommy Wells and Mary Cheh voted in support. Councilmember Kwame Brown voted present. Councilmember Jim Graham voted against.

On Tuesday, Feb. 5, the Committee of the Whole, and then the entire D.C. City Council will debate and possibly vote on it.

It's showtime.

Please urge the city council to protect your right to quiet enjoyment of your home. Please email, fax and write to your city councilmember and the at-large members. It takes two steps:

STEP #1: CONTACT THESE SIX PEOPLE:
a. Your individual D.C. ward councilmember (For names and contact information, access the city council website.

b. D.C. Council Chairman Vincent Gray
email: vgray@dccouncil.us

c. D.C. At-Large Councilmember Carol Schwartz
email: schwartzc@dccouncil.us

d. D.C. At-Large Councilmember David A. Catania
email: dcatania@dccouncil.us

e. D.C. At-Large Councilmember Phil Mendelson
email: pmendelson@dccouncil.us

f. D.C. At-Large Councilmember Kwame Brown
email: kbrown@dccouncil.us

STEP #2: THE MESSAGE:

Dear Councilmember:

Please protect my rights to quietly enjoy my home in the District of Columbia. Please SUPPORT the "Noise Control Protection Amendment Act of 2007 (B17-0177)," now pending before the D.C. City Council.

To further protect residential areas and free speech in public spaces, please also support the amendment which measures the noise "inside the nearest occupied residence in districts zoned R-1A, R-1B, R-2, R-3, or R-4."

Your support will help ensure all D.C. residents have the right to quiet enjoyment. Thank you and I look forward to your response.

Sincerely,

D.C. Resident and Voter
Address

Access the bill's complete text by clicking here.

D.C. Law Allows Noise to Cast Wide Net

2008-01-29T11:38:00.000-05:00

(CLICK ON MAP TO ENLARGE)

To illustrate the geographic impact of noise on one northeast D.C. neighborhood, I surveyed several neighbors to see how far up the street one could hear--both in and outside the home--several group’s amplifiers. I also used average decibel meter readings from a September 2007 Washington Post story on the topic.

Much of the noise impact felt by each resident is dependent on the amplifier volume, wind and the quality of a person’s windows, but I think the following map provides a good perspective.

I used the average decibel reading (81.7) measured at 20 feet from the source based on the Washington Post findings. When the distance is doubled from a noise point source, the sound level decreases six decibels, according to the Minnesota Pollution Control Agency.

Using this formula, the maximum level emanating north on 8th St NE, by one noisy group is:

* Source = 110 decibels (dB) [rock concert]
* 20 feet = 98 dB
* 40 feet = 92 dB [lawn mower]
* 80 feet = 86 dB
* 160 feet = 80 dB [alarm clock]
* 320 feet = 74 dB
* 640 feet = 68 dB
* 1280 feet = 62 dB

To put this in perspective, office noise typically measures 50 dB; normal conversation is about 60 dB.

D.C.’s broken noise law currently allows no limits on amplified free speech between 7 a.m. and 9 p.m. anywhere in the city. This means residents have no right to quiet enjoyment outside or inside their homes.

Lax Noise Controls Leads to 'Noise Harassment'

2008-01-06T22:59:00.000-05:00

The absence of legal noise limits has left one West Virginia man tormented by an amplifier-wielding neighbor.

A story in the Jan. 5 Cumberland Times-News reports a man has connected a stereo to a public address system and directed it at his hapless neighbor's residence. Music blasts at all hours of the night, says the victim.

“Even the Hampshire County commissioners agree that he is being harassed--but there is nothing law enforcement can do about it,” according to the story, ”Lacking noise ordinance, Hampshire harassment continues”.

Washington D.C. does have a noise ordinance, but it contains a major loophole that is exploited by malicious folks with amplifiers. The result is that D.C. residents remain vulnerable to harassment from unlimited levels of amplified non-commercial speech between 7 a.m. and 9 p.m.

Trash Trucks Are Dumb Schmucks Before 7 a.m.

2008-01-02T22:27:00.000-05:00

I received this email during the December holiday:

"This morning at 4:40 a.m., a Waste Management Garbage truck picked up some garbage adjacent to our home. I'm pretty certain that the truck number, violating the law, is 205729, though I generally do not prefer to get up to provide identifying information. Our 11 month old and 3 year old are doing great--but I do feel it's a bit early for them as well."

The process of emptying commercial refuse dumpsters is noisy. It's illegal near District of Columbia residential areas from 9 p.m. to 7 a.m. If you're disturbed at night by one of these garbage haulers, call 311 to report it.

For reference, here is the applicable D.C. noise regulation:

2806 TRASH COLLECTION IN AND ADJACENT TO RESIDENTIAL ZONES

2806..1 Noise emanating from trash collection in any residential, special purpose, or waterfront zone shall be prohibited during the hours specified in this section irrespective of its compliance with §2701 of this subtitle. [Nighttime - the hours from 9:00 p.m. to 7:00 a.m.]

2806.2 No person shall operate or permit the operation of any refuse collection vehicle in or within three hundred feet (300 ft.) of any residential, special purpose, or waterfront zone at nighttime on any day of the week. This prohibition shall not apply to vehicles owned by the District government employed for emptying litter receptacles.

The complete D.C. Municipal Noise Regulations can be downloaded here.

One Person's Bark is Another's Right

2007-12-13T09:34:00.000-05:00

The Ohio Supreme Court is to decide what constitutes a noisy animal after a dog's barking resulted in a convictin for violating a Columbus, Ohio noise ordinance.

A United Press International story reports the dog--named Lucky--was actually charged for violating the ordinance because of his excessive barking. The owner claims the ordinance is too vague. An exerpt:

"Throughout her fight for her dog's rights, [pet owner] Rebbeca Kim has maintained the argument that to fairly charge her pet, the city must better define what level of noise truly constitutes noisy."

How a person perceives noise is subjective. One person's bark is another's right.

Click here to read the complete story.

Noise Could Doom Sidewalk Café

2007-11-28T15:48:00.000-05:00

Preliminary plans to demolish the H Street Connection and re-build a retail and residential building were unveiled yesterday. Early plans include potential sidewalk cafés on each corner of the two-block redevelopment.

Architects envisioned one outdoor eatery at the corner of H and 8th Streets NE--directly in the firing line from several groups' amplified loudspeakers.

The buses and pedestrian traffic already create a bustling corner. The amplifiers—with no legal limit on volume for non-commercial speech between 7 a.m. and 9 p.m.—will spoil anyone’s appetite. The proprietor of any sidewalk café located in that space would never survive under D.C.’s current noise law.

My theory is bolstered by the results of two amplified experiments in Georgetown and Adams Morgan.

New Police Sirens Rumble Through Noisier City

2007-11-15T21:03:00.000-05:00

As the city gets noisier, so do emergency vehicles in order to be effectively heard--or, in this case, felt.

Borrowing a page from window-rattling car stereo afficianados, the District of Columbia's Metropolitan Police Department is using a new device to get the attention of motorists. It's a low-frequency "bass" siren, reports the Washington Post.

The "Rumbler" is necessary because "police departments complained that, increasingly, motorists weren't responding to traditional lights and sirens," according to the Post.

And why is that?

"The basic idea is we become more insulated in our vehicles with stereos, iPods and telephones," says one expert quoted in the story. "...Being near it is like standing next to a car that is blaring bass-heavy music."

All 767 marked D.C. police cars will have the device within four years.

Click here for the complete story.

Nearly Empty Sidewalks, but Still Screaming Amplifier

2007-11-10T18:00:00.000-05:00

Photo of southeast corner of H and 8th St NE made on Saturday, Jan. 28, 2006. (Photo Copyright © 2006. David Klavitter)

It's Saturday, 5:57 p.m. ET. The sun is down. The streetlights are on. Five people wait at the bus stop for the next ride home.

And after four hours, one group of idiots continues to blast its amplifier at an outrageous volume. The powered screams echo throughout the residential neighborhood, piercing inside the privacy of those trying to go about their business.

Two hours earlier, this same ISUPK group was engaged in a full verbal battle with some hapless, unamplified person. It apparently became so boisterous that three police officers soon descended on the scene.

But now, the sidewalks are nearly empty. The hustle and bustle of H Street has subsided. So what purpose does such volume serve now?

My guess simply is legal harassment of the residents and businesses of the H Street community.

Art Imitates Life: The Noise Movie Coming Soon

2007-11-04T17:57:00.000-05:00

Poo Poo and Arthur Delaney both emailed me about an upcoming movie with Tim Robbins. He plays a guy named "David" who is driven crazy by unwanted noise in New York City--in this case, car alarms earn his ire.

This pushes him to becomes a one-man vigilante in his quest, even calling himself "The Rectifier." Check out this quote from director Henry Bean, which appeared in this Reuters story (I can totally relate):

Despite his own personal battle against car alarms, which according to Bean "should be totally illegal", the director said his film was, above all, about the disconnect that he feels exists between those in power and their citizens.

"For me, noise becomes a metaphor for power. The noise that I have to listen to, that I have no control over, that invades my house, my ears, my thoughts... in a way that's how our governments are," he said.

As far as noise driving someone crazy...you should hear what I just bought on eBay. (I hope my wife isn't reading this.) In the meantime, watch the trailer:

One Mega Amp Could Smother Weekend Protestors

2007-10-19T23:16:00.000-04:00

This amplified H St NE area resident's speech was barely audible against two bigger amplifiers during the Second Annual Amplified Free Speech Day in Adams Morgan. (Photo Copyright © 2007. David Klavitter)

World Bank and IMF protestors plan to descend on Washington, D.C. this weekend to exercise their free speech rights.

When an issue is of such importance that large numbers of people turn out and non-violently make their united voices heard, that's a good thing.

And a chorus of united, unamplified voices can be loud, which also is a good thing.

But the District's noise law which permits unlimited levels of amplified free speech contains a sinister flaw: One single person with enough money can power an amplifier loud enough to drown out that chorus of unaided voices.

The only retribution is for the unaided voices to procure an amplifier bigger and louder than the first one. In which case the monied invidual will get a louder amp. Not only will a game of one-upsmanship result, but the outcome is not geninue protest speech--it's manufactured and artificial.

Under current D.C. law, free speech belongs not to those with the greatest number of people, but rather to whoever has the loudest amplifier.

A Decibel Meter is an Objective Device

2007-10-17T10:46:00.000-04:00

Since young Arthur Delaney lumped the noise issue into his The Hill story about H Street NE's single alcohol sales moratorium, I must reiterate:

The residents--of all shapes, sizes and colors--who live in and around the 700 block of 8th Street NE support the rights to free speech in the public space.

We simply do not want preachers in our bedrooms.

People who continue to infer the current D.C. noise issue is about anything other than noise have yet to point out a decibel meter's race, gender or content buttons.

Noise and Residential Vacancies

2007-10-13T18:12:00.000-04:00

Word comes this week that the southeast corner of H and 8th St NE is due for a major overhaul—from the current one-story mini-mall with parking lot--known as the H Street Connection--to a potential eight-story mixed-use development. (See the map)

According to a post on the Frozen Tropics blog, the project will feature retail, office space and residential homes.

Residential homes. Oof.

Either the living units must be adequately soundproofed or each resident will be receiving an unlimited supply of earplugs to endure the routine Saturday and Sunday amplified preaching.

The out-of-control noise pollution enveloped the neighborhood after the D.C. City Council in 2004 passed a law removing all volume limits for amplifiers used for the purposes of free speech.

The current property management company of the H Street Connection is well aware of the obnoxious noise and is an ally in the effort to turn down the volume—NOT to remove anyone from the public space.

Nonetheless, the noise-loophole is not good for long-time home owners in the District of Columbia.

Two formerly vacant and dilapidated homes in the H Street NE neighborhood recently underwent extensive renovations and currently are on the market.

The house closest to the noisy corner sat pristine and empty for more than a year until recently. The owner finally decided to rent it—to a group of Gallaudet University students.

Another Advocacy Group's Noise Video

2007-09-30T20:35:00.000-04:00

"Despite the world's highest living standard, the goal of a better way of life have not yet been fully realized," says the Citizens Coalition Against Noise Pollution in introducing its latest video on YouTube. It's their version of "keep your noise out of our bedroom."

Wash Post: 'How Loud is D.C.?'

2007-09-22T17:26:00.000-04:00

A comprehensive District of Columbia noise survey conducted by the Washington Post appears in today's edition.

Reporter Marianne Seregi spent most of August recording decibel measurements at 21 locations throughout the city. Her story includes a very informative illustration about her findings. One amplified group at H and 8th Streets NE came in at #5.

She also explains two bills now pending before the D.C. City Council which residents hope will increase their quiet enjoyment of the city.

Read her story introduction here.

The Good Lord...Right in My Bedroom

2007-09-16T17:06:00.000-04:00

Pastor Banks is on a roll this pleasant, sunny day.

She sometimes accompanies the Baltimore-based Rev. Dallas Williams to H and 8th St NE on Sunday afternoons. Damn...she's been at it for nearly an hour. Real fire and brim stone stuff today. Who needs to go to church when the church comes right into your living room?

Surely she must be nearly finished. I've already closed the windows. She and the Rev. Williams always are polite and will turn down the volume if asked. Usually I'd go say hi, but I'm not feeling 100% and am behind on my studies. So I've retreated to the back of the house.

ME: Return focus on my textbook.
PASTOR BANKS: "For God so loved the world!"
ME: Turn the page.
PASTOR BANKS: "That He gave His only begotten Son!"
ME: Highlight a sentence.
PASTOR BANKS: "That whosoever believeth in Him!"
ME: Review a formula.
PASTOR BANKS: "Should not perish, but have everlasting life!"
ME: Review the same formula again.
PASTOR BANKS: "Amen!"
ME: Amen.

Amplifiers Ensure Captive Audience for Poetry Group

2007-09-14T12:52:00.001-04:00

Members of the D.C.-based Guerilla Poets Insurgency get loud during the June 24 Amplified Free Speech Day in Adams Morgan. The poet group’s amplifiers actually were louder than the one rented by the 8th and H Street NE neighbors. (CLICK TO ENLARGE Photo Copyright © 2007. David Klavitter)

The group believes it has a right to use an amplifier to force their poetry into residents’ bedrooms—whether the residents like it or not. The beauty of poetry—like any content—is subjective, after all.

Which makes me wonder if they use an amplifier because their poetry is so bad and nobody wants to listen to it?

And what about poets without amplifiers? Poets using natural voice to share their art would have been smothered by the noise.

Individuals or small groups cannot possibly compete if money and volume is left unchecked. The amplification devices will just get bigger and bigger until only one or two views can be heard.

A bill pending before the D.C. city council would ensure unamplified voices remain exempt from the city’s noise ordinance.

Second ANC Urges Protection of D.C. Quiet Rights

2007-09-12T14:27:00.000-04:00

For a second year in a row, Advisory Neighborhood Commission (ANC) 6C has officially endorsed legislation to fix D.C.'s broken noise law, which allows amplified speech to be forced uninvited into residents' bedrooms.

The commission's action joins in the public record a similiar request by ANC6A. Both Ward 6 commissions voted support last year.

Councilmembers Tommy Wells and Mary Cheh in April introduced the “Noise Control Protection Amendment Act of 2007" (Bill 17-177). The D.C. Council Committee on Public Services and Consumer Affairs held a July 9th hearing on the bill.

The D.C. Office of Attorney General reviewed more than a dozen municpal noise ordinances and determined the pending bill would not hinder free speech rights.

D.C. Mayor Adrian Fenty said he would sign and enforce such quality of life protections.

The text of ANC6C's letter is below:

July 23, 2007

Ms. Cynthia Brock-Smith
Secretary to the Council
John A. Wilson Building, Room 5
1350 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
VIA FACSIMILE (202-347-3070)

RE: ANC 6C Supports Bill 17-177, "Noise Control Protection Amendment Act of 2007"

Dear Ms. Brock-Smith:

At Advisory Neighborhood Commission 6C’s duly noticed, rescheduled monthly meeting on July 18, 2007, with a quorum of seven Commissioners present, ANC 6C considered the matter of Bill 17-177, the "Noise Control Protection Amendment Act of 2007". After hearing testimony, community comments and discussion, the ANC 6C Commissioners voted unanimously to support Bill 17-177.

ANC 6C fully supports freedom of speech, whether in one’s home, businesses or in the public space. However, there are practical limits with respect to how free speech should be permitted to impact other residents and passers-by. Speech (or any kind of expression for that matter) should absolutely be protected where the sound is unamplified. Amplified speech above certain levels, however, poses a direct harm to the peace, safety and rights of others, and should not be tolerated.

We strongly endorse the U.S. Supreme Court’s 1949 decision in the case of Kovacs v. Cooper: "The unwilling listener is not like the passer-by who may be offered a pamphlet in the street but cannot be made to take it. In his home...he is practically helpless to escape this interference with his privacy by loudspeakers except through the protection of the municipality."

Until 2001, the District of Columbia provided this necessary protection with respect to non-commercial speech, and continues to this day to provide protection with respect to commercial speech. The result of this change has been disasterous for our communities—residents and individuals walking the sidewalks are regularly subjected to amplified speech, up to and including the levels which one would find at a rock concert. This often happens for hours on end, forcing unacceptable noise levels on individuals, whether they want it or not. For residents in particular, there literally is no escape short of being forced from one’s home.

The Council must act now to remedy this unacceptable situation.

It is important to realize that unamplified speech is and would remain exempt from the District's noise ordinance [DCMR § 20-2704.8]. This provision provides a proper balance between the fundamental rights of both free speech and every individual’s right to peace, order and quiet enjoyment. Bill 17-177 will resolve a serious health and safety matter for all District of Columba residents and businesses, while upholding free speech rights.

ANC 6C wants to protect the homes, businesses and families that call our great neighborhood home from unlimited decibels of noise. Furthermore, the ANC urges the Council to include these enhancements to the bill:

1. Measured Distance. Limit sound to a level that does not inhibit residents' quiet enjoyment of their homes. Much of our neighborhood is mixed between commercial and residential uses, with each use closely adjoining the other. The 50 foot provision for measuring sound at 70 dB(A) is simply not enough protection. The Act should be amended to state: "50 feet or the closest occupied building".

2. Maximum Sound Level. The Environmental Protection Agency (EPA) established a maximum level for outdoor activity interference and annoyance is 55 dB(A) outdoors and 45 dB(A) indoors. These are the maximum levels that still permit spoken conversation and comfort in the activities of daily living. A permitted level greater than 55 dB(A) actively harms the hearing of our residents—an unacceptable health threat to the neighbors living within our ANC, and the District as a whole. The Act be amended stating the maximum sound level be no higher than 55 dB(A).

3. Tools, Training and Enforcement. The relatively few sound level meters available for enforcement in the District are all owned by the Department of Consumer and Regulator Affairs (DCRA). Additional meters should be funded and training should be provided to DCRA inspectors and Metropolitan Police Department (MPD) personnel. The Act should be amended to provide enforcement powers to both DCRA and MPD.

The District of Columbia Attorney General researched major municipal noise ordinances and determined that Bill 17-177 strikes an appropriate balance between free speech rights and rights to quiet enjoyment of property, and is constitutional. It is a good bill, and necessary to protect the residents of our great city.

Thank you for taking the position of ANC 6C into account and according our input the great weight to which it is entitled under District law.

Sincerely,

Karen J. Wirt
Chairperson
ANC 6C

Cc: Council Chairman Vincent C. Gray (fax 202-724-8097)
Ward 1 Councilmember Jim Graham (fax 202-724-8109)
Ward 2 Councilmember Jack Evans (fax 202-724-8023)
Ward 3 Councilmember Mary M. Cheh (fax 202-724-8118)
Ward 4 Councilmember Muriel Bowser (fax 202-741-0908)
Ward 5 Councilmember Harry Thomas, Jr. (fax 202-724-8076)
Ward 6 Councilmember Tommy Wells (fax 202-724-8054)
Ward 7 Councilmember Yvette Alexander (fax 202-741-0911)
Ward 8 Councilmember Marion Barry (fax 202-724-8055)
At-Large Councilmember Kwame R. Brown (fax 202-724-8156)
At-Large Councilmember David A. Catania (fax 202-724-8097)
At-Large Councilmember Phil Mendelson (fax 202-724-8099)
At-Large Councilmember Carol Schwartz (fax 202-724-8071)

Confusion Lingers Over Hate Crimes

2007-09-10T10:09:00.000-04:00

(CLICK TO ENLARGE) Brilliant sunshine bathes a plastic Madonna hanging from a traffic signal on the southeast corner of H and 8th Streets NE on April 29, 2006. The symbol hangs within yards and in plain view of residential homes where people of all races and sexual orientation live. It is part of the Saturday ranting by the men from the Israelite School of Universal Practical Knowledge (ISUPK) (Copyright © 2006. David Klavitter)

The Baltimore Sun and the Washington Post report the University of Maryland campus police have opened a criminal investigation about a possible hate crime after "a noose was discovered last week hanging near a building housing several black campus groups."

Whether the noose is someone's idea of a sick joke, overt harrassment, or a serious threat, I've never been more confused about the definition of a hate crime.

For several years, residents in one northeast Washington, D.C., neighborhood have faced a similar display nearly every weekend. Some have complained to city officials, but to my knowledge, no official investigation has resulted.

Note to a Councilmember: Bill Will Enhance Protest Rights

2007-09-09T20:01:00.000-04:00

District of Columbia Councilmember Kwame Brown during the July 9, 2007 hearing on the pending D.C. noise bill. (Copyright © 2007. David Klavitter)

Councilmember Kwame Brown
At-Large
Council of the District of Columbia
1350 Pennsylvania Ave NW
Suite 506
Washington DC 20004

RE: Unamplified Voices Will Remain Exempt from Noise Limits

Dear Councilmember Brown:

Thank you for co-sponsoring the “Noise Control Protection Amendment Act of 2007” (Bill 17-177). As a journalist and former dues-paying member of the Office and Professional Employees International Union (OPEIU), I share your concern about ensuring citizens’ right to protest, while protecting residents from unreasonable levels of noise.

Ward 6 residents of the H and 8th St NE community urge support of this bill.

One important note was not made clear during the July 9 Committee on Public Services and Consumer Affairs hearing on the noise bill. The District of Columbia Municipal Regulations (DCMR) already includes the following, which Councilmember Tommy Wells’ pending bill does NOT change:

DCMR § 20-2704.8 “The unamplified voice shall be exempt at all times.”

Unamplified voices are and should remain exempt from the District’s noise ordinance. We support this provision, which protects large gatherings of people energized on issues of critical importance—such as labor rights or Darfur.

If enough people are energized about an issue, they should dominate the public debate—not one person with a big amplifier.

As a matter of fact, the pending bill actually enhances free speech: D.C.’s current law violates the right to free speech for those without—or with smaller—amplifiers.

The result: Individuals or small groups cannot possibly compete if money and volume is left unchecked. The amplification devices will just get bigger and bigger until only one or two views can be heard.

Again, your support and understanding for all sides is greatly appreciated. Please contact me if you have any questions.

Sincerely,

David Klavitter

Cc:
Councilmember Mary Cheh
Councilmember Marion Barry
Councilmember Jim Graham
Councilmember Tommy Wells

Report: Excessive Noise Linked to Premature Heart Deaths

2007-09-03T21:07:00.000-04:00

New research from the World Health Organization has found long-term exposure to excessive noise causes heart disease that prematurely kills thousands of people around the world each year, according to The Guardian (Aug. 23, 2007):

The research is part of a long-term study of the health effects of noise in Europe, which began in 2003.

In addition to the heart disease link, it found that 2% of Europeans suffer severe disturbed sleep because of noise pollution and 15% can suffer severe annoyance.

Chronic exposure to loud traffic noise causes 3% of tinnitus cases, in which people constantly hear a noise in their ears.

Research published in recent years has shown that noise can increase the levels of stress hormones such as cortisol, adrenaline and noradrenalin in the body, even during sleep. The longer these hormones stay in circulation around the bloodstream, the more likely they are to cause life-threatening physiological problems.

High stress levels can lead to heart failure, strokes, high blood pressure and immune problems.

"All this is happening imperceptibly. Even when you think you are used to the noise, these physiological changes are still happening," according to one researcher cited in the Guardian story.

These Men Want Inside Your Bedroom

2007-08-28T23:14:00.000-04:00

These four men believe it is their right to say whatever they want in your bedroom. From left: Dan Katz, attorney; Joslyn Williams, president, Metropolitan Washinton Council, AFL-CIO; Johnny Barnes, American Civil Liberties Union of the National Capital Area; and John Boardman, executive secretary treasurer UNITE HERE Midatlantic Joint Board. (Copyright © 2007. David Klavitter)

This foursome also enjoys smothering all forms of amplifier-less, grassroots-supported free speech protests.

They testified during the July 9, 2007 D.C. Council hearing on the noise bill.

The union leaders, their attorney--and even an ACLU representative--said they believe D.C. residents have no right to quiet in their homes from 7 a.m. to 9 p.m. anywhere in the city. They support the current law which allows one person to disrupt an entire community at unlimited amplified volume.

The ACLU supports denying your rights in your own bedroom! Incredible!

Unamplified voices would remain exempt from the D.C. noise bill pending before the city council that would fix the noise loophole created in 2004.

This ensures the issues which rally greatest number of voices get heard.

Noisemaker Pens Letter From Quiet Philly Home

2007-08-26T12:51:00.000-04:00

In the news, I enjoyed having the option to read (instead of being forced to hear) Minister Yahana’s guest editorial (“We have the right to protest”) in the Aug. 9 Voice of the Hill newspaper. It’s on on page 13.

As his title suggests, he misses the mark completely.

I respect his view and admire his passionate beliefs. However, he failed to justify why D.C. residents should be denied the right to quiet in their own homes.

After all, before his unfettered use of an amplifier in my neighborhood each week, Minister Yahana enjoys quiet solitude at his home, ensured by the city of Philadelphia.

I completely support preachers and protesters in the public space—I just don’t want them in my bedroom.

Heat Apparently Deters Amplifieds

2007-08-25T17:12:00.000-04:00

For those gentle readers curious about the long pause in postings: Work and school commitments are responsible.

Saturdays and Sundays during the past 30 days were amplified--save for a couple quiet ones. I presume the absence was due to several weekends of extreme temperatures.

Meanwhile, the Rev. Dallas Williams has brought with him some new preachers to enhance his regular Sunday afternoon sermons. The amplifier was heard a greater distance and the sound's uninterrupted duration lasted more than an hour.

The Rev. Williams always is courteous and respectful--we can chat about the volume tomorrow if he shows.

Amplifiers May Be Sign of Political Weakness

2007-07-24T10:24:00.000-04:00

I'm disappointed with organized labor's increasing use of artificial activism. I'm talking about their little-guy-be-damned desire to employ amplifiers and non-union people in their so-called "protests."

A story in Tuesday's Washington Post examines organized labor's practice of paying non-union and homeless people to protest District of Columbia businesses that employ non-union labor.

(I can't help but be cynical. What will happen when the Union of Professional Protesters International (UPPI) finds out about these scabs working the picket lines? Will we see UPPI unleash amplifiers in front of labor leaders' homes?)

During the July 9 public hearing on the pending D.C. noise bill, so-called "union workers" clad in pro-noise t-shirts filled the council chamber. Were these real union representatives or was organized labor again simply misrepresenting themselves? I sincerely hope city councilmembers are asking themselves the same question.

Unamplified voices are and would remain exempt from the District of Columbia's noise ordinance. This protects and ensures that the most important issues--about which large numbers of people are genuinely mobilize--are addressed.

The bill pending before the D.C. City Council also would prevent organizations or corporations with deep pockets from unfairly using one giant device to dominate the debate and suppress all opposition. Three amplified people illustrated this point in June by disrupting an entire neighborhood.

Organized labor's desperation to appear influential is understandable. However, their arrogant belief that the "right-to-be-heard-at-any-volume" trumps ordinary citizens' right to quiet liberty in the bedroom is jeopardizing organized labor's credibility.

Unlimited Noise Hurts Sales

2007-07-22T19:15:00.000-04:00

“The volume of the noise hurts H Street businesses,” said Anwar Saleem, long-time H Street NE business owner and executive director of H Street Main Street. Sales are down for H Street businesses in the vicinity of the amplified noise, he said. (Copyright © 2006. David Klavitter)

Saleem, a long-time H Street NE business owner and executive director of H Street Main Street, testified before the city council on July 9 that unlimited levels of amplified noise has hurt nearby H Street business sales.

"The noise is a burden on the businesses," said Saleem. "You can't talk to your customers at the counter without repeating yourself over and over."

While no restaurants with outdoor seating exist now on H Street now, Saleem said a restaurant with outdoor seating is scheduled to open soon a block and half a way from H and 8th St NE.

The restaurant would potentially be negatively impacted by the noise, Saleem told the council.

Out of My Bedroom!

2007-07-16T07:03:00.000-04:00

(CLICK TO ENLARGE) We fully support free speech in the public space. However, we simply do not want preachers and protestors in our bedrooms.

"The unwilling listener is not like the passer-by who may be offered a pamphlet in the street but cannot be made to take it. In his home...he is practically helpless to escape this interference with his privacy by loudspeakers except through the protection of the municipality.” [1949 U.S. Supreme Court decision: KOVACS v. COOPER]

Just as I don’t want to be subject to your free speech in my bedroom, surely you don’t want to be subject to my free speech in yours.

Unamplified Voices Will Remain Exempt from Noise Limits

2007-07-15T17:43:00.000-04:00

The District of Columbia Municipal Regulations (DCMR) already include the following, which Councilmember Tommy Wells' pending bill does NOT change:

DCMR § 20-2704.8 "The unamplified voice shall be exempt at all times."

Unamplified voices are and should remain exempt from the District's noise ordinance. We support this provision, which protects large gatherings of people energized on issues of critical importance--such as labor rights or Darfur.

If enough people are energized about an issue, they should dominate the public debate--not one person with a big amplifier.

As a matter of fact, Tommy's bill actually enhances free speech: D.C.'s current law violates the right to free speech for those without--or with smaller--amplifiers.

The result: Individuals or small groups cannot possibly compete if money and volume is left unchecked. The amplification devices will just get bigger and bigger until only one or two views can be heard.

No amplified advantage at public hearing on noise

2007-07-13T08:06:00.001-04:00

Despite the sensationalized rhetoric spouted by labor unions and expensive lawyers, Monday's public hearing before the D.C. city council was an opportunity for all sides to be heard.

And that was because every witness spoke using the same amplified sound system installed in the D.C. Council Chamber.

D.C.'s current law violates the free speech rights of those without--or with small--amplifiers. The result: Those with the biggest amplifiers dominate public debate.

Unamplified voices are and should remain exempt from the noise ordinance. This protects large gatherings of people energized on issues of critical importance--like labor rights.

Meanwhile, residents are forced to endure hours of noise in their bedrooms.

A handful of neighbors from all over the city--including 8th and H St NE--H Street Main Street Exective Director Anwar Saleem, ANC6A Commissioner Joe Fengler, the Downtown Neighborhood Association, the Penn Quarter Neighborhood Association, the D.C. Attorney General's office and the Department of Consumer and Regulatory Affairs testified to protect residents and and enhance free speech rights.

Labor unions, the American Civil Liberties Union, and a street poet group were among those that dismissed pleas for reasonable bedroom tranquility.

This week's edition of Voice of the Hill newspaper carries details of Monday's public hearing before a city council committee on D.C. pending noise bill.

The July 10 Roll Call and D.C. Examiner also carried stories this week.

Current D.C. Noise Law Favors Amplified Elite

2007-07-11T10:45:00.000-04:00

A man unsuccessfully tries to defend his views as an abusive amplifier smothers his unaided voice. (Copyright © 2006. David Klavitter)

The current broken District of Columbia (D.C.) noise law protects only amplified elitists, who think nothing of suppressing the little guy’s voice and bullying their way into her bedroom.

A pending noise bill before the D.C. City Council would strengthen free speech rights by giving non-amplified voices an equal opportunity to be heard.

Under the current D.C. law amended in 2004, noncommercial speech can be blasted at unlimited volume. The result: One single person can employ big amplifiers to artificially dominate public debate.

Natural voices are smothered. Suppressed. Unheard.

Councilmember Tommy Wells’ proposed bill would place reasonable limits on amplifiers--not speech.

Natural, un-electrified voices would remain exempt from noise controls. In fact, labor union protestors admit they don’t really need amplifiers to make their point--they have the power of the masses.

This allows the volume to naturally gravitate to the greatest number of unamplified voices--not to the power of the amplifier:

Amplifiers stifle her political views.

Amplifiers suppress his religious expression.

Amplifiers smother his right to be heard.

Amplifiers mock his free speech rights.

Amplifiers deny exchange of all views--no matter what the context.

Amplifiers trample his free speech rights.

Video Shows Amplified Free Speech Day

2007-07-09T17:34:00.000-04:00

The camera and microphone were positioned about 50 feet from the poetry insurgent’s amplifier and about 60 feet from the H Street group’s. That’s where the decibels measured at about 86 dB. If you live anywhere in the District, this could happen in your neighborhood between 7 a.m. and 9 p.m. (Video by Patrick Keefe. Copyright 2007)

A new 4 minute, 43 second video documents the second annual Amplified Free Speech Day in Adams Morgan on June 24. (As a viewer, you have the luxury of turning down your computer's volume--in D.C. the volume knob is controlled by those with the amplifiers.)

Three electric noise-making devices converged during the two hours at 18th Street and Belmont Rd NW: Two amplifiers and one bullhorn.

Decibel readings recorded from the point source on that day:

* 12.5 feet = 98 decibels (dB)
* 25 feet = 92 dB
* 50 feet = 86 dB
* 100 feet = 80 dB
* 200 feet = 74 dB*
* 400 feet = 68 dB*

According to the Minnesota Pollution Control Agency, distance attenuation estimates show when the distance is doubled from a point source, the sound level decreases six decibels.*

Permanent hearing loss can occur after three minutes exposure to 97 dB, according to the Environmental Protection Agency and the World Health Organization.

The loudest noise in the documentary can be heard from the D.C. Guerrilla Poetry Insurgency, whose amplifier was slightly larger than the Quest for Quiet group’s device.

Which just goes to show, under the current District of Columbia noise statute, free speech rights belong to those with an amplifier—or at least the biggest.

Council Convenes Noise Hearing Today

2007-07-09T00:21:00.000-04:00

Councilmember Mary Cheh, Chairperson of the Committee on Public Services and Consumer Affairs, today holds a public hearing on Bill 17-177, the “Noise Control Protection Amendment Act of 2007.”

Bill 17-177 would define the circumstances in which noise made during non-commercial speaking can be considered a noise disturbance.

The public hearing will begin at 10:00 a.m. ET in the fifth-floor Council Chamber of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W.

Watch it live via the council website.

Please Turn Down the Amplifiers

2007-07-07T17:45:00.000-04:00

An updated version of the June 24th Amplified Free Speech Day t-shirt designed by an H Street NE resident. (CLICK TO ENLARGE)

Downtown Neighborhood Association Supports Noise Fix

2007-07-05T09:23:00.000-04:00

The District of Columbia Downtown Neighborhood Association this week said it supports pending legislation to fix the current noise law. Representatives said they will participate in Monday's public hearing. The complete letter:

July 2, 2007

Ms. Mary Cheh
Chairperson
Committee on Public Services and Consumer Affairs
Council of the District of Columbia
1350 Pennsylvania Avenue NW
Washington, DC 20004

Mr. Tommy Wells
Councilmember - Ward 6
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington, DC 20004

Mr. Kwame Brown
Councilmember – At Large
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington, DC 20004

RE: Support for Bill 17-177, “Noise Control Protection Amendment Act of 2007”

Dear Chairperson Cheh, Councilmember Wells and Councilmember Brown:

On behalf of the Downtown Neighborhood Association, Inc., a civic association whose members are comprised of downtown residents, we would like to express and register our support for the improved noise-abatement rules contained in the above noted legislation.

We appreciate the vibrancy of living in a downtown environment. However, current building code fails to adequately protect residents from the penetration of noise into our homes. Unlike other cities with high-rise living, we are in mid-rise buildings, so noise has greater impact since residents are closer to the sound rising from our streets. This follows efforts by large cities like New York City to provide citizens with healthier lives and more civilized public places. (In New York City’s recent new regulations, if amplified noise from a car can be heard 25 feet away, it is a violation.)

The proposed amendment, with enforcement, will improve the quality of life of all downtown residents, especially if:

* It will give us better protection at night when many prefer a full night’s sleep.

* Further restrict the hours and/or the duration that amplified music and urban drumming can be played.

* Enhance neighborhood safety by limiting the distractions facing pedestrians and vehicular traffic.

* Give enforcement powers to the MPD and the DCRA, and ensure that the appropriate police substations are equipped with a sound meter and all personnel are adequately trained to use it during all shifts.

Consequently, we wholeheartedly support the bill before you. Thank you for your consideration of our views.

Miles E. Groves
Director, Downtown Neighborhood Association, Inc.

cc: Mr. Jack Evans, Ward 2 Councilmember

They Covered Their Ears

2007-06-28T09:34:00.000-04:00

A couple more stories chronicle the harmfully rude--but completely legal--noisey behavior of H Street NE community residents during Sunday's Amplified Free Speech Day in Adams Morgan.

An excerpt from Wednesday's The Hill newspaper covering Congress:

Passers-by in Adams Morgan covered their ears, shouted at the noisemakers and flipped the bird. One man put an amplifier in his apartment window above the Pharmacy Bar across the street for a little counter-counter-protest: “Okay, you’ve made your point — goddamn!”

Then he plugged in his guitar and squealed out “The Star-Spangled Banner.”

And this snippet from today's Voice of the Hill covering the Capitol Hill community:

When he took the microphone from Klavitter, Northeast Capitol Hill advisory neighborhood commission (ANC 6A) Chair Joseph Fengler reminded listeners that with the current loophole, he can create as much noise as he wants. “I could go to 200 decibels and probably bend your ear hair,” Fengler said.

Several Metropolitan Police officers stopped, but did not take any action. “There’s no law in D.C. that prevents this,” said officer Gregg Pemberton.

Attorney General: D.C. Noise Fix Would Ensure Free Speech

2007-06-27T12:53:00.000-04:00

In drafting the proposed “Noise Control Protection Amendment Act of 2007 (Bill 17-177),” the District of Columbia Office of Attorney General (OAG) reviewed noise ordinances from Chicago, Boston, Los Angeles, San Diego, Atlanta, Maryland and New York.

The D.C. OAG outlined its findings in a February 16, 2007 letter to Councilmembers Tommy Wells and Mary Cheh. It found the ideal legislative fix would ensure free speech rights and protect residents from excessive noise. The OAG suggests simply to strike the sentence added in 2004. Excerpts from the OAG letter:

“As you know, the 2004 amendment modified the definition of a noise disturbance found in Section 2799.1 of Title 20 of the DCMR to exempt non-commercial public speaking during the daytime from enforcement under the Noise Control Act. As a result, non-commercial speech during the daytime it subject to absolutely no noise limitations under District law. My office has been unable to identify any other major urban jurisdiction that has adopted a similar provision. Moreover, no such provision is necessary to ensure that a noise regulation passes constitutional muster.

Thus, if the Council were to simply remove this exemption from the definition of a noise disturbance, District residents would be entitled to protection from noise emanating from speech that is unreasonable and excessive according to the judgment of a reasonable person of ordinary sensibilities in the vicinity of the noise. The standard that would apply is the same standard that applies to other types of noise disturbances...

...This approach would adequately protect the public’s dual interests in tranquility and free expression and would be constitutionally defensible. Notably, this appears to be the favored approach by most large urban jurisdictions and by the courts.”

See for yourself. Read the OAG’s complete letter posted on the Advisory Neighborhood Commission 6A website.

'I Can't Sleep!'

2007-06-25T10:20:00.000-04:00

Adams Morgan residents react to amplified noise blasted from 18th and Belmont Rd NW during the Second Annual Amplified Free Speech Day in Adams Morgan on Sunday. The woman screamed at amplified H Street NE neighbors that the raucus awakened her. She huffed away, along with two followers who also made their feelings known. Notice the empty chairs at the restaurant behind her. (Copyright © 2007. Patrick Keefe)

Quest for Quiet is NOT about limiting free speech. Unlimited decibels and long durations of loud noise--no matter what the source--inflicts harmful health and safety consequences upon those affected.

Any doubt? Just ask the girl with the extended middle finger in the above photograph. Or the Belmont Road resident whose two sleeping babies were awakened.

That clearly was illustrated in Adams Morgan during the second annual Amplified Free Speech Day. Furious Adams Morgan residents and businesses were urged to contact Ward 1 Councilmember Jim Graham and support the now pending “Noise Control Protection Amendment Act of 2007.” A public hearing is scheduled for July 9.

Meanwhile, several media outlets covered the carnage. Initial reports found this writeup in the Washington Examiner. Its lead paragraphs:

The cacophony at the corner of a busy intersection in Adams Morgan on Sunday afternoon seemed to have accomplished what Quest for Quiet intended.

Chaos.

The headline, however is misleading--free speech does not mean forced to listen. In fact, the proposed bill actually would strengthen free speech rights to those without the aid of an amplifier. Read the complete story here.

A Washington Times story ("Protesters raise voices against lax noise laws") appears here.

Blogsite DCist covers the story--with a number of reader comments--here. It includes a readership poll on the issue.

Happy Second Annual Amplified Free Speech Day!

2007-06-24T12:30:00.000-04:00

A tiny band of H Street NE neighbors--including ANC6A Commissioner Joe Fengler--have selected their spot for this second event:

WHEN: Sunday, June 24
TIME: 3-5 p.m. ET
PLACE: 18th Street NW, near Belmont and Kalorama Roads NW in the Adams Morgan neighborhood

OUR MESSAGE:
Protect yourself from persistent amplified attacks. SUPPORT D.C. NOISE BILL: "Noise Control Protection Amendment Act of 2007." We support freedom of speech AND the right to peace and quiet.

PURPOSE:
H Street NE residents will demonstrate the absurdity of the city's broken noise law. It allows unlimited, amplified, non-commercial speech from 7 a.m. to 9 p.m. in any D.C. residential community—including Adams Morgan. There are no limits on loudness.

CALL FOR ACTION:
Protect yourself and your neighborhood from more amplified attacks. Please urge the D.C. city council to balance free speech with the right to peace and quiet and to take action to fix the D.C. noise law. This is a health and safety issue.

YOU CAN HELP - During the event, we will urge Adams Morgan residents to contact Ward 1 Councilmember Jim Graham (ph: 202-724-8181; jgraham@...). Send a written statement by July 23 to Ms. Cynthia Brock-Smith, Secretary to the Council, Room 5 of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004.

IF POLICE APPEAR, WE'LL DISPLAY THIS LETTER.

See highlights from last year's first-ever event in Georgetown.

Noise Disturbance Location Set

2007-06-21T19:01:00.000-04:00

H Street NE neighbors have selected 18th Street NW, near Belmont and Kalorma Roads NW in Adams Morgan as the site for the Second Annual Amplified Free Speech Day. The disturbance happens Sunday, June 24 from 3-5 p.m. ET. The details in a clean, neat format:

WHEN: Sunday, June 24
TIME: 3-5 p.m. ET
PLACE: 18th Street NW, near Belmont and Kalorama Roads NW in the Adams Morgan neighborhood

See highlights from last year's first-ever event in Georgetown.

Zoom in and pan around with this map, courtesy of Google.

Neighbors Analyze Intel for Adams Morgan Noise Disturbance

2007-06-19T19:53:00.000-04:00

Quest for Quiet activists are reviewing new intelligence they hope will help determine the best Adams Morgan location to launch a non-commerical amplified speech assault from 3-5 p.m. this Sunday.

The effort is part of the group's Second Annual Amplified Free Speech Day, which is meant to demonstrate how unlimited amplified noise can harm residents and business alike. Such unreasonable behavior is allowed in the District of Columba, which provides no decibel limits on such speech anywhere in the city between 7 a.m. and 9 p.m.

Unidentified operatives in Adams Morgan supplied the report, according to a source who spoke on condition of anonymity. See the complete unclassified intelligence report below.

Meanwhile, D.C. labor unions formally mobilized against a bill that would protect all D.C. residents against excessive noise. The union groups also are rallying labor representatives to testify July 9 against Councilmember Tommy Wells' common sense health and safety measure.

Councilmembers Mary Cheh, Kwame Brown and David Catania also support the legislation.

INTEL ON ADAMS MORGAN:
I have seen this sort of demonstration done once before at the intersection of 18th and Columbia, on the turn to Adams Mill Road, in front of Adams Mill Bar. It is truly the heart of Adams Morgan, on the large island in the middle of the intersection, next to a kiosk. It was the most annoying racket imaginable--a rapper and a drum player shouting about [REDACTED INFORMATION], blah blah shout shout. People were so mad. If demonstrating among the sidewalk café people is your goal, you will be at a great spot. There's a very active Starbucks right across from it, bars adjacent, and on the path from all main roads into Adams Morgan.

Directly across from that area is a plaza where you might find more room and have the same terrible effect (ahem, I meant to say, make your point). It's a brick courtyard (address is the same) diagonal to the where there's a Suntrust bank. I think you have a lot of people so this might be better for you... there may even be a power source there for your little torturous noisemaking device.

There are 2 other locations that come to mind. A park on 18th street just up from the intersection with Columbia--across from the Safeway and next to CityBikes. And then there's a school that has a courtyard right on the street where you could get your amplified noise on--it's on Columbia, where "Western Market" takes place every Saturday. I'd say this last suggestion is my least suggested venue, but you will be sure to have an impact on our neighbors there too.

Finally, there's a very nice park on 18th & Kalorama--and there's also the park on Connecticut in front of the Chinese Embassy. A demonstration at these 2 final locations will affect the more affluent members of Adams Morgan.

Hope this helps!

Your eyes in the sky,

The [Adams Morgan] Peoples

Unions Show Bullying Attitude Toward Noise Compromise

2007-06-19T13:21:00.000-04:00

Unlimited levels of noncommerical amplified noise is a health and safety issue--not one of free speech, as labor union representatives mischarachterized it in a June 19 Washington D.C. Examiner story.

Contrary to the union's "public be-damned" attitude, Councilmember Tommy Wells' bill does nothing to hinder anyone's right to speak. It does provide protection to all D.C. residents--high decibels of noise is physically harmful to human health and wellness, according to the Environmental Protection Agency.

Just as cititens cannot be forced to read a printed flyer, free speech should not mean a resident or business must be forced to hear someone's speech--especially in his or her own home. Many other municipal noise ordinances have passed constitutional muster.

Union representatives participated earlier this year in talks about the noise bill with Councilmembers Wells and Mary Cheh, as well as D.C. residents. Now it appears the unions have done an about face.

Worse, they propose no other reasonable solution beyond their bullying attitude--similar to how the 2004 noise loophole was snuck through committee and passed by the council. Labor unions were at the table--D.C. residents were not.

Quest for Quiet defends the health and safety rights for 581,000 District of Columbia residents.

What Does That Word Mean, Daddy?

2007-06-18T20:13:00.000-04:00

(CLICK TO ENLARGE) A young boy playing near his H and 8th St NE home clearly hears assembled groups' amplified words every weekend. After more than several hours of watching television inside with loud volume to mask the diatribes blaring from the corner, the kid wanted to go outside and play. The scene happened on Sept. 9, 2006. Free speech should not mean forced to listen--especially in one's home.

Worse, the young boy cannot play outside for long--the Environmental Protection Agency says permanent hearing loss can occur after 45 minutes exposure to 85 decibels. That's the recorded level of noise generated by one group's amplifier, measured at 20 feet. (Copyright © 2006. David Klavitter)

Washington Post Covers D.C. Noise

2007-06-18T15:20:00.000-04:00

More than 85 reader comments reacted to an online column in Friday's Washington Post titled, "How Much Noise is Too Much Noise?" Columnist Marc Fisher admits that a noise disturbance is a relative thing--the level of annoyance and disturbance varies from one person to another.

While Fisher detests wind chimes, he thinks people shouldn't move to a place where noisy conditions are expected--such as a restaurant or music club or amplified people.

But what about when the noise moves next to you? The D.C. noise loophole was created in 2004, well after many of the residents began calling the H Street NE community home.

Read Marc's Washington Post column, "Raw Fisher."

Second Annual Amplified Free Speech Day Slated for June 24

2007-06-13T11:14:00.001-04:00

(CLICK TO ENLARGE) During last year's Amplified Free Speech Day, H and 8th Street NE neighbors Marc and Jane use an amplifier to explain to residents, passersby and remaining restaurant patrons that they must contact the city council to quiet the extremely loud amplified speech in their community. The two-hour disruption occured on a Sunday afternoon at the vibrant Wisconsin and N Streets NE in Georgetown. (Copyright © 2006. David Klavitter)

It's not necessarily fun, but necessary for relative peace, quiet and tranquility in the H Street NE neighborhood and throughout the city. I can almost hear the birds singing and kids playing.

Like last year in Georgetown, a group of residents who live near H and 8th Streets NE will gather in public D.C. space and use an amplifier to blast non-commercial speech. The friends and neighbors will demonstrate the absurdity of D.C. noise law, which provides no decibel limits on amplified non-commerical speech anywhere in the city between 7 a.m. and 9 p.m.

WHEN: Sunday, June 24
TIME: 3-5 p.m. ET
PLACE: Adams Morgan neighborhood (exact site to be determined)

We absolutely support free speech. But at 110 decibels--about the same loudness as a rock concert--the amplifier’s use for more than four hours every Saturday has a detrimental affect on H Street NE community residents and businesses alike.

A public hearing on the pending noise bill is scheduled for July 9.

D.C. 'Wins' National 'Honor' for Busted Noise Law

2007-06-05T12:32:00.000-04:00

Congratulations, Washington! We've won a national award for our broken noise law!

Noise Free America, a national citizens group dedicated to reducing noise pollution, bestowed the dubious distinction for its June "Noisy Dozen Award."

Since 2001, the award has been presented each month to a group, organization or government entity.

In a press release, Noise Free America Executive Director Ted Rueter called D.C.'s noise loophole "outrageous." The statute provides no decibel limits for amplified non-commerical speech anywhere in the city between 7 a.m. and 9 p.m.

"There is no constitutional right to make noise," said Rueter. "Every noise ordinance that has ever been challenged has been upheld by the courts."

He also compared D.C.'s noise ordinance to the efforts of New York City, which he said is "light years" ahead of Washington in terms of restricting noise.

Rueter said New York City has instituted "Operation Silent Night," which targets loud car stereos, noisy nightclubs, and blaring car alarms. New York has also instituted a Quality of Life hotline inside the mayor's office, to facilitate resolution of noise complaints. New York issues around 7,000 noise citations each year-which results in around 1,000 arrests for outstanding warrants.

"Washington should follow the Big Apple's lead," he added.

Past "winners" of the Noisy Dozen award include Congressman Darrell Issa, Governor Jesse Ventura, and Circuit City.

Wash Post: 'Noise Impacts Health, Happiness'

2007-06-05T07:18:00.001-04:00

Reinforcing the 8th and H Street NE community's position on long hours of amplified speech, the Washington Post's health section today examines the health impact of chronic noise.

The story, "Noise Pollution Takes Toll on Health and Happiness," reports that "both intensity and duration of noise exposure determine the potential for damage. The prolonged affects of noise can trigger the body's stress response, infusing the body with high levels of stress hormones and creating chronic stress that extends far beyond your delicate ears."

Commission Urges Enhancements to Noise Bill

2007-06-03T11:02:00.000-04:00

During its May meeting, Advisory Neighborhood Commission (ANC) 6A voted unanimously to offer the District of Columbia City Council several amendments to the pending Noise Control Protection Amendment Act of 2007 (Bill 17-177).

A public hearing on the bill is scheduled for July 9. The letter’s text is below:

May 22, 2007

Councilmember Mary Cheh
Chairperson, Committee on Public Services and Consumer Affairs
1350 Pennsylvania Avenue NW, Suite 108
Washington, DC 20004

Councilmember Mary Cheh:

We applaud the introduction of the Noise Control Protection Amendment Act of 2007 (Bill 17-177) and welcome the opportunity to testify in support of the bill on Monday, July 9, 2007 at 10:00am in the Council Chamber located in John A. Wilson Building located at 1350 Pennsylvania Avenue, N.W.

After a review of the Noise Control Protection Amendment Act of 2007, we noticed several issues that should be amended to ensure our residents are protected from harmful noise levels. We believe that these changes will protect the right to free speech. Accordingly, the following amendments we offer for consideration were approved unanimously at our Commission meeting on May 10, 2007:

Measured Distance. Limit loudness to a level that does not inhibit residents' quiet enjoyment of their homes. The 50 foot provision for measuring sound at 70 dB(A) is simply not enough protection. To accommodate mixed-use zoning corridors, such as H Street NE, the Act should be amended to state: "50 feet or the closest occupied building".

Maximum Sound Level. The Environmental Protection Agency (EPA) established a maximum level for outdoor activity interference and annoyance is 55 dB(A) outdoors and 45 dB(A) indoors. These are the maximum levels that still permit spoken conversation and comfort in the activities of daily living. A permitted level greater than 55 dB(A) would be actively harmful to the hearing of our residents. Why should we be required to confine our children and our family activities to the inside of our homes? We strongly urge the Act be amended stating the maximum sound level be no higher than 55 dB(A).

Tools, Training and Enforcement. The relatively few sound level meters are owned by Department of Consumer and Regulator Affairs (DCRA). Additional meters should be funded and training should be provided to DCRA inspectors and Metropolitan Police Department (MPD) personnel. The Act should be amended to provide enforcement powers to both DCRA and MPD.

If you have any questions regarding these proposed amendments, please contract me by phone at (202) 423-8868 or by electronic mail at fengler6a02@yahoo.com.

On behalf of the Commission,

Joseph Fengler, Chair
Advisory Neighborhood Commission 6A

Cc: Councilmember Tommy Wells
Councilmember Kwame Brown

Cheh Schedules July 9 Hearing on D.C. Noise Bill

2007-05-17T16:44:00.000-04:00

Progress. Back in November 2005, I testified about this issue before the same committee, when Councilmember Jim Graham chaired it. Thank you, Ward 3 Councilmember Mary Cheh!

Council of the District of Columbia
Committee on Public Services and Consumer Affairs
Notice of Public Hearing
1350 Pennsylvania Avenue, N.W. Washington, D.C. 20004

COUNCILMEMBER MARY CHEH, CHAIRPERSON
COMMITTEE ON PUBLIC SERVICES AND CONSUMER AFFAIRS
ANNOUNCES A PUBLIC HEARING ON
Bill 17-177, the “Noise Control Protection Amendment Act of 2007”

Monday, July 9, 2007
10:00 a.m.
Council Chamber
John A. Wilson Building
1350 Pennsylvania Avenue, N.W.

On Monday, July 9, 2007, Councilmember Mary Cheh, Chairperson of the Committee on Public Services and Consumer Affairs, will hold a public hearing on Bill 17-177, the “Noise Control Protection Amendment Act of 2007.” Bill 17-177 would define the circumstances in which noise made during non-commercial speaking can be considered a noise disturbance. The public hearing will begin at 10:00 a.m. in the fifth-floor Council Chamber of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W.

The Committee invites the public to testify or to submit written testimony, which will be made a part of the official record. Anyone wishing to testify at the hearing should contact Aukima Benjamin, staff assistant to the Committee on Public Services and Consumer Affairs, at 724-4902, or via e-mail at abenjamin@dccouncil.us. All witnesses will be permitted a maximum of three (3) minutes for oral presentation.

If you are unable to testify at the hearing, written statements are encouraged and will be made a part of the official record. Copies of written statements should be submitted either to the Committee on Public Services and Consumer Affairs, or to Ms. Cynthia Brock-Smith, Secretary to the Council, Room 5 of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004. The record will close at the end of the business day on Monday, July 23, 2007.

D.C. Noise Fact for the Day

2007-05-16T10:22:00.001-04:00

Did you know...

"It is the declared public policy of the District of Columbia that every person is entitled to ambient noise levels that are not detrimental to life to life, health, and enjoyment of his or her property. It is hereby declared that excessive or unnecessary noises within the District are a menace to the welfare and prosperity of the residents and businesses of the District. It is the declared public policy of the District to reduce the ambient noise level in the District to promote public health, safety, welfare, and the peace and quiet of the inhabitants of the District, and to facilitate the enjoyment of the natural attraction of the District."

[Title 20; District of Columbia Municipal Regulations; CHAPTER 27 NOISE CONTROL: 2700.1]

Thunder? Gunfire? Nope...It's Steel Street Plates

2007-05-13T10:45:00.000-04:00

The endless thundering sound heard by the H Street NE community during the last three months is the result of vehicles driving over large, rectangular steel plates, which fit loosely over ongoing construction work. Electric utility PEPCO is upgrading the infrastructure in preparation for the upcoming H Street renovation.

Welds apparently are supposed to keep the plates from moving, as seen in my March 4 posting. But PEPCO workers aren't using enough welds, most of which seem to break under several days of traffic pounding.

Advisory Neighborhood Commission (ANC) 6A addressed the issue at its May 10th meeting, and Ward 6 Councilmember Tommy Wells' urges rattled residents to ring this PEPCO representative:

Ms. Linda Jo Smith
PEPCO, Public Affairs Officer
Office: 202-872-2024
Cell: 202-669-8392
Email: ljsmith@pepco.com

Federal Court Upholds Anti-Noise Ordinance Against Street Preachers

2007-05-03T18:12:00.000-04:00

Tuesday's San Francisco Chronicle reports a federal appeals court on April 30 upheld San Francisco's enforcement of an anti-noise ordinance against street preachers, saying they had been cited for the volume of their amplified messages, not their content.

Just as the H and 8th St NE issue in Washington, D.C.--it's about the decibels, not the content. Read the entire story online here.

The Bay Area Reporter also covers the story. Read their version of the story online here.

Welcome Prophet Jimmy Cates

2007-05-01T10:08:00.000-04:00

A noise disturbance is measured by two things: Decibels and duration.

The Prophet Jimmy Cates appeared on the southwest corner of H and 8th St NE at 1 p.m. Sunday, April 29. It was the first time I'd met Cates and several others who were distributing flyers which read, "True Gospel Church of GOD will be having services at Well Water Church at 342 8th St NE in Washington." Services happen every Sunday at 3 p.m., according to the flyer.

Cates said he was more than happy for me to videotape him.

Sunday was windy, as you'll note the swirling sidewalk papers and blowing sound against the microphone. I was outside working in my front yard when I heard the faint sound of Cate's singing, which was quite good. The very cordial gentleman's amplifier was not overly loud, but was more audible when the wind blew south toward my house.

Cates was on the corner for about an hour and I did not find the decibels or duration to be bothersome from my house.

VOH: Noise Ordinance Bill Battle Likely

2007-04-30T23:18:00.000-04:00

I'm behind on some developments, including the following story which ran in the April 12 version of Voice of the Hill. It is reprinted with permission.

While our neighborhood withers under one particular "religious" group's amplifier every weekend, labor unions also have a dog in this fight. It’s a very big dog.

The labor union representative quoted in the story, Rick Powell, attended a meeting of residents, ANC representatives, Councilmembers Tommy Wells and Mary Cheh, and the Office of Attorney General.

Obviously some disagreements exist on how the proposed fix would balance quiet rights for residents and protest rights for labor unions. But the bill's form is not final: Cheh has promised a hearing on the legislation, which will ensure all affected parties and experts are heard.

While I respect Powell's position, I must emphasize that polluting the commons is not a right. Just as free speech does not mean you should be "forced to access and read this blog whenever I desire," free speech should not mean "forced to listen." A person's right to create noise ends at my ear, after all.

Let’s us little guys—D.C. residents and small business owners—stick together on this.

Noise ordinance bill battle likely
BY PATTI SHEA

A bill to strengthen the city noise ordinance was greeted with joy in one Northeast Capitol Hill neighborhood, but might not be as welcome with unions and civil rights organizations downtown.

Ward 6 Councilman Tommy Wells proposed the Noise Control Protect Act after residents on and near Eighth Street, NE, convinced him that street preachers who gather near their homes every Saturday are exploiting a loophole written into the D.C. regulations.

At issue are members of a sect of the Israelite School of Universal Practical Knowledge who gather at the southeast portion of Eighth and H streets, NE, to preach sermons. Residents have been complaining to city officials for more than two years about the noise levels emitted from the group’s amplifiers. The residents have repeatedly said it’s not the content of the speech — the group has hung Jesus Christ and Santa Claus in effigy and said racial and homophobic slurs to passers-by who attempt to debate them — but the noise level that has them irked.

Wells promised the residents during his campaign that if elected he would plug the loophole. “This bill is intended to change the definition of a noise disturbance to both protect the First Amendment free speech as well as protect the health and peace of residents from amplified noise,” he said.

The noise code was changed in 2004 to exempt non-commercial speech during daylight hours. However, proponents of Wells’ bill say a loophole was created when the legislation language lifted all noise limitations citywide.

Unions agreed with the change after they were fined under the city’s noise ordinances during a protest at a downtown hotel.

If passed, Wells’ bill would better define noise parameters and sets a distance from which the noise will be measured. “A noise shall not be considered a noise disturbance if it is made during non-commercial public speaking during the daytime and does not exceed 70 decibels when measured at a distance of 50 feet from the source of the noise,” the bill states.

Wells said he expects to be brushed back by local union groups. “I expect strong union opposition,” he said. “But I’m really counting on the community, not just those affected by the noise, but all the residents of every ward that might be impacted by similar noise to provide the political will to get this done.”

The councilman said he worked on the bill with Ward 3 Councilwoman Mary Cheh, who is a constitutional law professor and head of the consumer and regulatory committee that will first consider the bill, to make sure no constitutional rights are being violated.

Wells said he consulted members from the local unions and civil rights offices in crafting the language.

Art Spitzer of the American Civil Liberties Union’s D.C. office said he couldn’t comment on the organization’s position at this time.

“The ACLU was very involved in helping to create the existing statutory exemption for noncommercial public speaking, which was intended to ensure that speech protected by the First Amendment would not be improperly silenced, so we'll take a careful look at this bill,” Spitzer said in a statement to The Voice.

Rick Powell, the political director for the local AFL-CIO, said Wells’ bill strips basic free speech rights from all D.C. residents, not just the group on the corner of Eighth and H streets.

“Aside from the group on H Street, there is no record of the current law being a problem,” Powell said. “We haven’t seen any evidence to date, aside from this group of citizens in Northeast.”

Powell said that there is a better way to handle the street preachers rather than taking away all D.C. residents’ right to protest. “People who want a resolution will find a way to get a resolution.”

Asked if he would mind the group conducting a sermon across the street from his house, Powell said, “I doubt if I would like it, but I would figure out a way to solve the problem.”

“While we appreciate not only the concerns but the problems the neighbors are having, we have to ask ‘how are the rest of us going to be protected?’” Powell added. “There’s a price you pay to live in a free society.”

During his 2006 campaign, Wells was endorsed by a handful of unions, including the AFL-CIO, American Federation of State, County and Municipal Employees (AFSCME) and the American Federation of Government Employees (AFGE).

Contrary to what Powell thinks, Eighth Street resident Dave Klavitter said the bill needs more teeth. Klavitter knows first hand about the noise levels as his home is roughly 50 feet from the corner in question.

“[The bill] will make the situation better for residents, but I don’t know by how much until we can test it. I don’t know if the legislation goes far enough,” Klavitter said. “I’m glad there’s progress being made. At least we’re ahead of where we were this time last year.”

The corner preachers have been clocked as high as 91.5 decibels and as low as 75.3 decibels, according to a report by the Department of Consumer and Regulatory Affairs.

Wells said the 70-decibel level was reached after consulting the Environmental Protection Agency and metropolitan cities that have similar ordinances.

Does Video Accurately Portray Noise Issue?

2007-04-24T19:15:00.000-04:00

I don't own a video camera, so I borrowed a friend's Casio digital camera with a video feature. I've hesitated to post videos about the noise issue because I don't think it provides you, the reader, an accurate portrayal of how the amplified noise affects residents and businesses living at H and 8th Streets NE every Saturday. (However, I did link to a WTOP News Radio audio story once.)

My reasons for not embracing video until this point:

Decibels:

Duration:

Content:

So with those disclaimers, I present you with some very amateur footage made on Saturday, March 24, 2007. The time was about 7:30 p.m. and I stood several steps away from my neighbor's yard, roughly 175 feet away from the noise source. My camera faces north along 8th Street NE, toward the southeast corner of the intersection.

In the video, you will hear the fellows preaching though the amplifier. You also will hear shouts from several girls waiting at the bus stop on the opposite corner. Please ignore the content.

The girls then crossed the street to debate the preachers. Notice they maintain distance from the blaring amplifier. I move closer (sorry for the herky-jerky movement)...

How do you think the videos portray the situation? Help or hinder?

Headline: ‘Street Evangelist Saves 300 Souls From Enjoying Park’

2007-04-23T10:43:00.000-04:00

Street Evangelist Saves 300 Souls From Enjoying Park

So reads the headline from the April 21 edition of the The Onion newspaper. An alert Quest for Quiet reader pointed out this fitting story, which includes this paragraph:

Hilson's bullhorn, which he often employs to bring recreation-seekers into the light of God's grace and drown out their iPod music, forced one-third to one-half of the souls to spurn the path they had chosen for that afternoon.

While meant to be satirical, the story is more truth than spoof for many residents of D.C. Read the full story here.

Labor Protestor: ‘We Don’t Need Amplifiers’

2007-04-16T10:59:00.000-04:00

(CLICK TO ENLARGE Copyright © 2007. David Klavitter) Forgoing amplifiers, representatives of the Mid-Atlantic Regional Council of Carpenters make a huge racket April 12 in the courtyard between buildings at 601 Pennsylvania Ave NW in Washington, D.C. A larger group was marching on building’s other side. The group was protesting one tenant’s use of non-union labor in remodeling some office space.

When asked why the protestors were not using amplifiers--which D.C. law allows to blare at unlimited decibels in such circumstances anywhere in the city between the hours of 7 a.m. and 9 p.m.--the group’s apparent leader said they didn’t need them. It was not the first time D.C. labor protestors told me they don't need amplifiers to get their message heard. I covered a similar instance last year in this this post.

Meanwhile, the group’s raucous shouting disturbed more than just the intended target. The noise disturbance apparently angered one man (left). He gave building management contact information to the protest leader, who promptly crumpled the paper, tossed it in the trash and resumed yelling. Apparently some confusion existed about whether the courtyard was private or public property (CLICK TO ENLARGE Copyright © 2007. David Klavitter)

Polluting the Commons is Not a Right

2007-04-15T23:22:00.000-04:00

The national advocacy group "Noise Pollution Clearinghouse" provides a clear perspective on noise pollution. More is available on the group’s website:

The air into which second-hand noise is emitted and on which it travels is a "commons," a public good. It belongs to no one person or group, but to everyone. People, businesses, and organizations, therefore, do not have unlimited rights to broadcast noise as they please, as if the effects of noise were limited only to their private property. On the contrary, they have an obligation to use the commons in ways that are compatible with or do not detract from other uses.

People, businesses, and organizations that disregard the obligation to not interfere with others' use and enjoyment of the commons by producing noise pollution are, in many ways, acting like a bully in a school yard. Although perhaps unknowingly, they nevertheless disregard the rights of others and claim for themselves rights that are not theirs.

WP: City Needs to Restore ‘Balance’ on Noise Issues

2007-04-12T11:46:00.000-04:00

In a column about friction between Adams Morgan residents and the music scene over noise, Washington Post Metro Columnist Marc Fisher [A Counteroffensive on Mt. Pleasant's 'Voluntary' Music Bans (April 12)] says, "It's time for the city to step in and restore some balance. If the District enforced noise ordinances, there'd be no reason for anyone to be banning the bands."

Currently out of balance is a 2004 loophole in the city noise statute. The legislative language was drafted without all voices at the table.

The law exempts "noncommercial amplified speech" from any decibel limits anywhere in the city from 7 a.m. and 9 p.m. Councilmembers Wells, Cheh, Brown and Catania have sponsored legislation to provide balance so residents and businesses can have relief from hours of amplified noise at decibel levels equal to a rock concert.

A confusing patchwork of D.C. noise laws, regulations and enforcement actions confront city residents and businesses. The city must look at the health and safety issue of noise as defined by decibels--and not focus on content.

Noise Bill Piques Some Media Interest

2007-04-05T11:41:00.000-04:00

The Washington Times and the D.C. Examiner cover the introduction of the D.C. noise law by Tommy Wells.

Wells Introduces Bill to Fix Broken D.C. Noise Law

2007-04-03T23:20:00.000-04:00

An extremely quiet shout-out goes to Ward 6 Councilmember Tommy Wells, who introduced a bill Tuesday intended to change the definition of a noise disturbance to both protect First Amendment free speech as well as protect the health and peace of residents from amplified noise.

Under the “Noise Control Protection Amendment Act of 2007,” non-commercial public speech measured above 70 decibels (dB) at 50 feet from the noise source would only constitute a noise disturbance if it were also found to be excessive under the “reasonable person” standard as defined by D.C. law.

Currently, no decibel limits exist for amplified noncommerical speech between 7 a.m. and 9 p.m anywhere in the District of Columbia. For most noises other than noncommercial speech, D.C. municipal code specifies maximum daytime sound levels--measured at the source or property line--at 60 dB for residential areas (55 dB night) and 65 dB for commercial areas (60 dB night).

The ideal legislative fix simply would strike the exemption language added in 2004. However, Wells’ action bring the 8th and H Street NE community one step closer to relief from hours of harmful amplified noise. Councilmember Mary Cheh (Ward 3), who chairs the Committee on Public Services and Consumer Affairs, indicated she will conduct hearings on the matter.

Props also are due to Councilmembers Cheh and Kwame Brown (at-large), who joined Wells by co-introducing the bill and Councilmember David Catania (at-large), who co-sponsored the proposal. Three hushed cheers for Advisory Neighborhood Commissions 6A and 6C; the groups never wavered in support for the community’s cause, especially ANC6A Chairman Joe Fengler, as well as fellow D.C. residents and businesses who recognized the absurdity of the broken noise law.

In January and March, Councilmembers Tommy Wells and Mary Cheh, convened meetings with representatives of the H and 8th St NE community, ANC6A and labor unions to review legislative language drafted by Acting Attorney General Linda Singer’s office.

D.C. Mayor Adrian Fenty said he supports the noise fix.

Read Councilmember Wells' complete press release.

TEXT OF THE BILL INTRODUCED TUESDAY:

Councilmembers Tommy Wells, Mary Cheh and Kwame Brown introduced the following bill, which was referred to the Committee on ________________.

To amend the District of Columbia Noise Control Act of 1977 to permit noise made during noncommercial public speaking during the daytime to be considered a noise disturbance if it otherwise satisfies the definition of a noise disturbance and exceeds 70 decibels when measured at a distance of 50 feet from the source of the noise, and to specify that the Mayor need not measure the decibel level of a noise to find a noise disturbance if the noise is made at night or does not involve noncommercial public speaking.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Noise Control Protection Amendment Act of 2007".

Sec. 2. Section 3(n) of the District of Columbia Noise Control Amendment Act of 1977, effective March 16, 1978, (D.C. Law 2-53; 20 DCMR § 2799.1) is amended by striking the last two sentences and inserting two new sentences in their place to read as follows: "A noise shall not be considered a noise disturbance if it is made during noncommercial public speaking during the daytime and does not exceed 70 decibels when measured at a distance of 50 feet from the source of the noise. If the noise is made at night or does not involve noncommercial public speaking, the Mayor shall not be required to measure the decibel level of the noise in order to find a noise disturbance.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

Training Intended to Reduce Washington Aircraft Noise

2007-03-29T18:36:00.000-04:00

Air traffic controllers will get additional training to direct flight paths in and out of Washington National Airport in an effort to reduce aircraft noise for Virginia neighboroods, reports the Washington Post. According to the story:

The study, conducted by association members with substantial aviation experience, found that noise from flights has increased an average of 3.6 decibels in eastern McLean and 2.4 decibels in Great Falls, raising noise levels in both locations to about 55 decibels. The FAA sets 65 decibels as the acceptable maximum for aircraft noise.

No decibel limits exist for amplified noncommerical speech anywhere the District of Columbia between 7 a.m. and 9 p.m. Levels frequently reach 105 decibels for more than four hours nearly every Satuday in one residential neighborhood.

Councilmembers Tommy Wells and Mary Cheh, residents, businesses, labor unions and the D.C. attorney general are crafting legislation to fix the disruptive and repetitive practice of loud noise.