HASSAY v. MAYOR

Civil Action No. ELH-13-1076.

955 F.Supp.2d 505 (2013)

William F. HASSAY, Jr., Plaintiff, v. MAYOR & City Council of Ocean City, MD, et al., Defendants.

United States District Court, D. Maryland.

July 3, 2013.


Attorney(s) appearing for the Case

James Winston Burke , Kathleen Adele Orr , Matthew G. Jeweler , Orrick, Herrington & Sutcliffe LLP, Washington, DC, Deborah A. Jeon , American Civil Liberties Union of Maryland Foundation, Baltimore, MD, for Plaintiff.

Guy R. Ayres, III , Heather Stansbury , Kevin Preston Gregory , Ayres Jenkins Gordy and Almand PA, Ocean City, MD, for Defendants.


MEMORANDUM OPINION

ELLEN LIPTON HOLLANDER, District Judge.

During every summer from 1995 until June 2012, plaintiff William F. Hassay, Jr., an accomplished violinist, performed as a "street artist" on the beachfront boardwalk in Ocean City, Maryland. On June 22, 2012, Hassay was warned by an Ocean City police officer that the volume of his music violated an Ocean City noise ordinance enacted in February 2012, which prohibited, inter alia, the audibility...

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