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.
The measure, approved by an 8-5 vote, would limit non-commercial amplified speech between 7 a.m. and 9 p.m. to 70 decibels in residential areas and 80 decibels downtown and in certain mixed zones — or 10 decibels louder than the surrounding noise.
Normal conversation or a telephone dial tone can register about 70 decibels, according to experts. City traffic can reach 80 decibels.
Proponents argued, during an occasionally heated meeting, that the controls are reasonable “time, place and manner restrictions” on the First Amendment, and not an abridgment of free-speech rights.
“We’re talking about any non-commercial speech broadly defined and there is no limit,” Ward 3 Councilwoman Mary Cheh said of the existing law. “No matter how loud, how raucous, how continuous. Whether it’s done with drums, horns or bullhorns, there is absolutely no way to limit that noise.”
The legislation, which Cheh co-introduced with Ward 6 Councilman Tommy Wells, must win council approval a second time, and then Mayor Adrian Fenty’s signature, before becoming law. The bill was ostensibly introduced to deal with preachers spreading their message via amplifiers on H Street Northeast, but its effect has broadened through the process.
“We’re the nation’s capital,” said Ward 2 Councilman Jack Evans, whose proposed amendment to limit the restrictions to residential areas was rejected. “We’re supposed to be on the cutting edge. Now that we’re restricting a certain freedom, in an environment in the last eight years where we’ve restricted a lot of freedoms, this gets a little scary.”
John Boardman, executive secretary of Local 25, called the bill “particularly onerous.” Local 25 represents food and beverage workers who often picket outside hotels.
“You have the right to say what you want but you won’t be heard,” Boardman said. “That’s what happened here today.”
Evans, whose opposition to the bill drew protesters with bullhorns to his Georgetown home, said 70 decibels would eviscerate lawful demonstrations. Ward 1 Councilman Jim Graham said the effect of the bill is anti-labor.
But at-large Councilman David Catania said many protests are incredibly disruptive to, and stressful for, innocent bystanders — including schoolchildren.
“There are reasonable restrictions placed on our First Amendment when they not only imperil, but impale the rights of others,” Catania said.
