Don't Make a Joyful Noise unto the Mayor

Fayetteville already has a noise ordinance. It mostly has been applied to music venues on Dickson Street, and its enforcement usually has been complaint-driven. The City's former Economic Development Coordinator Richard Shewmaker's constant complaining comes to mind, but I haven't seen the bike cops hiding in the bushes with a decibel meter behind George's in a couple of years.

Now comes Mayor Coody with a proposal to get tough on noise crimes committed by revving motorcycles, which he decrees to be "a major problem for our town." I'll agree that it is irritating and annoying, but I hardly think it is a major problem, Dan. Major problems are things like $1 million budget deficits, $62 million cost overruns on sewer plants, traffic congestion cause by sprawl developments that pay no road impact fees, and hiring police officers who beat their wives or traffic in child pornography. I am also surprised that you now want the Council to vote on something that previously failed on a tie vote, having heard you comment recently that such issues should be decided instead by a special election and a vote of the people.

The proposed noise ordinance would cover the Bikes, Blues, and Barbecue Festival and all unwanted loud sounds in our community except for Razorback games, Pops in the Park, and that which originates in the workplace. When employees seek to protect themselves from workplace noise, they must prove with audiometric measuring instruments that it produces direct and cumulative adverse effects that impair their health (29 CFR 1910.95 App C, OSHA). The government won't take an individual's word that workplace noise is too loud or harmful, so why should citizens take the word of a government employee with a badge?

Alderman Adella Gray supports Mayor Coody's proposal and says she was "wiped out" and people were "shocked" when the proposed ordinance was defeated last month. I am reminded of the advice of Edmund Burke that we "must not always judge of the generality of the opinion by the noise of the acclamation." Alderman Nancy Allen says she doesn't "enjoy revving,” and that judging from comments she’s received, most constituents agreed with her. However, she added, “a popular law doesn’t always make a good law." Nor does it make for one that will be enforced fairly and equally.

Police Chief Greg Tabor wants the cops to have more unchecked discretion and to make arrests without having evidence to support their charges. He says they make arrests all the time for such debatable violations as the undefined "careless driving." He could have added the frequently abused power to arrest for loitering and obstructing government operations, both jokers that the cops often play whenever they can't think of a legitimate reason to arrest someone. City Attorney Kit Williams says, so what, as long as anyone arrested has the right to hire an attorney, take off a day from work for a trial, and argue that the facts did not justify the charge. How about adding an amendment that requires the arresting officer to personally pay an award of attorneys fees and compensation for lost wages of anyone who is acquitted?