Jeff Davis Parish.com
Leaning to the Right Index of Articles
This diatribe started out
as a cross-section view of the new Welsh noise ordinance. By the time I reached
the end in my long winded version, the whole point was lost and the argument
seemed focused on the issue of noise. The topic is noise, but that’s not the
political issue that worth’s the argument. If you read several of my articles
you'll see an underlying theme that have consistencies among them.
The argument is about local political subdivisions overstepping their
boundaries. An ordinance on “thumping music” is not scary at all. When you
generalize it and use the wording “noise” in an ordinance, then the ordinance
encompasses all noise regardless of source.
Louisiana Revised Statute 14:103.1 covers noise coming from vehicles and it
provides rules for local municipalities and instructs them that any other rules
must be consistent with the statute. It also states the ordinances cannot exceed
this statute. Some may argue that “it depends on how you interpret things.” Not
so! If the wording is clear and unambiguous no interpretation is needed to
search for the intent of the legislature, so says Article 9 of the Louisiana
Civil Code.
Without effect, the city of Welsh was attempting to enforce a local noise ordinance between certain hours and under certain circumstances. The ordinance they were attempting to enforce was less strict and inconsistent with state law to begin with. Now there doing the same thing over, only making it more strict.
Mayor Louviere has stated that the town has been advised by legal counsel that it is legal and everything was in order. “As a town we have a right to pass this ordinance”.
I think there is a growing pattern of legal counsel telling political subdivisions whatever they want to hear, knowing that they will do whatever they want anyway. Then their legal counsel will have to clean up the mess if things get challenged. Political pressure is a funny thing. Not to mention that legal counsel will get paid again for defending the position. Right or wrong, legal counsel gets paid coming and going. The average citizen is not capable of fighting the political machine when it comes to defending their rights. We would have to get a lawyer on pro bono to fight city hall. Those aren’t easy to come by. The ACLU’s schedule is too busy with “out in left field”, cases for protected classes of people. We don’t have access to a court appointed attorney funding through the indigent defender fund, because that money is being drained, defending convicted child killers on death row.
I understand, the local governing authorities have the right to create ordinances, but there is no blanket law that allows local governing authorities to make ordinances on all subjects, at the exclusion of the legislature or the courts. That is how our system of government is supposed to be set up. Take the case of the Police Jury vs owning tigers. They took a stab at the heart of a constitutionally protected “lawful ownership rights” Today it’s tigers; tomorrow it’s your land or other personal property. The legality of the ordinance of “banning tigers” is now being challenged and the courts will have to decide.
The RS 14:103 law does not
look like a “catch-all” for bars, mufflers, shooting ranges, noise in cemeteries
or the guy who loves to cut grass at 6:00 am while you’re trying to sleep. The
particular law being referenced in this article is the one that covers noise
emitting from moving vehicles. It details 2 circumstances that has to exist. The
vehicle has to be on public property and the noise must measure a certain level.
The measurement is the evidence. It must exceed 85db at 25 feet. If there is no
measurement then how can we be sure the law was broken?
It is unfortunate that people living next door to night clubs have to endure
loud music and noise coming from an establishment. Didn’t the board have to
approve the license and zoning of a business in that neighborhood? The Police
Chief of Welsh is doing a great job but across communities everywhere there is
getting to be too much discretionary enforcement of laws. There’s a growing
mentality to just “create the case and let the lawyers sort it out”. If people
had the ability and resources to fight back the courts would surely be clogged.
Combating the problem of noise will never be a black and white issue. There are too many grey areas. When we generalize and put everything under the definition of “noise” we include all sources not just thumping vehicles. We have noise from trains, propane guns in rice fields, sirens, parades, football games, fireworks, large trucks, vehicles with modified mufflers, farm equipment, construction, airplanes, lawnmowers, thunder, chainsaws and sometimes, Lake Arthur excluded of course, noise from Mosquito Control trucks. If noise is a problem and were willing to turn over power to our local governments to create ordinances then let’s go after all noise. Refer to the typical noise level tables at http://www.lhh.org/noise/decibel.htm and you can get an idea of what your feuding neighbor will use against you.
Welsh is by no means all alone in this "politics of noise". Lake Arthur and Jennings has done its fair share of making noise about noise themselves. Whether were talking about noise ordinances, laws against owning tigers, parcel taxes, handing over power to individuals to decide the fate of FCC regulated towers, giving principals the power to revoke licenses after a student is expelled, or changing the territorial composition of the parish to side-step voter rights for an expanded tourism tax, it always has the same theme. The expansion of power. This is the heart of what bothers me. Today the fight may be about noise or tigers. Tomorrow it will be about what you thought were your inalienable rights to life, liberty and the pursuit of happiness. There is truth to the old phrase…”Give em an inch, they’ll take a mile”!
My real concerns are not about noise at all. We sit by and watch our local governments create new ordinances and laws that they sometimes have no legal right to pass. The local governing authorities are not supposed to have broader reaching power and authority than the Legislature or the courts. It should be the responsibility of the individuals we elect, our judges and their legal counsel that makes sure no more power is granted to the agency, than what is allowed by law. Our officials, elected to represent us, have an important role. An often overlooked, but no less important role, are the attorneys that advise them. Through their legal advice, they are our last line of defense against an overbearing government, bent on adding additional burdens on American families.
The town of Welsh needs to simply enforce the law that is already on the books, instead of flexing its political muscle, by creating it’s own. The larger issue here is the Welsh Board of Alderman enacting laws that do not need to be enacted. The question remains....what's next?
Handing over more power to individuals and government agencies, who, at the same time are quietly pursuing less liability and accountability for their actions is a dangerous combination for the American public.