North Myrtle Beach Faces Legal Challenge Over Noise Ordinance

North Myrtle Beach Hears Noise Ordinance Challenge

North Myrtle Beach is buzzing with a hot topic as a panel of federal judges gathered to hear arguments about a noise ordinance that has some folks raising eyebrows. The American Civil Liberties Union (ACLU) kicked off this legal row back in 2022, challenging an amendment to the city’s noise rules that puts a cap on “profane, vulgar, and obscene” music. If that sounds a little murky, you’re not alone!

What’s at Stake?

So, here’s the lowdown: the ordinance in question bans music that fits those labels from being played above 30 decibels, which, believe it or not, is just a whisper! Effectively, that means if you’re blasting your favorite tunes at anything louder than a gentle breeze rustling through the trees, you could be breaking the law. Talk about a buzzkill!

The ACLU pointed out that the original law had three separate rules limiting the volume of what they considered profane, vulgar, and obscene noise. However, in a previous ruling, the lower court decided to toss out the profanity provision but kept the obscenity part. All that leaves us with is whether the “vulgar” designation—interpreted narrowly—can stick around.

Keeping It Real with Music

Here’s where it gets even more interesting! No matter how this shakes out in court, the city can only restrict truly obscene noise according to the ordinance. Since music can’t really be classified as obscene, it falls under the general noise rules. Those rules allow sounds to hit a maximum of 80 decibels during the day and 60 decibels at night, giving everyone a little wiggle room for a good time after sunset.

The ACLU argues that the ordinance is more than just a buzz about noise; it infringes on rights granted by the First and 14th Amendments of the Constitution—a serious concern that raises alarms about how laws get enforced.

Vagueness Breeds Concerns

According to Jace Woodrum, executive director of the ACLU in South Carolina, the law is just too vague. He explained that when a law doesn’t clearly define what’s considered legal and illegal, it creates a perfect storm for discriminatory policing. In simpler terms, it means that officers might misconstrue music and behavior that should be acceptable, especially in a diverse community.

This uncertainty can have real consequences, and it’s especially troubling for minorities and under-resourced communities who may bear the brunt of these laws. The concern is that vague laws often lead to unequal treatment, leaving many watching their backs when they just want to enjoy life and have a bit of fun.

What’s Next?

With the oral arguments wrapped up, all we can do now is wait for the judges to churn through what they’ve heard and issue their ruling later. While waiting isn’t easy for anyone, it does mean the city remains unable to enforce this ordinance for the time being, thanks to a previously granted preliminary injunction.

As North Myrtle Beach continues being the beautiful coastal town we all love, residents are reminded to keep an ear out for developments on this noise ordinance case. It’s a hot topic that touches on our rights, community standards, and what it means to enjoy public spaces without being stifled. Stay tuned!