State v. Medel

80 P.3d 1099, 139 Idaho 498, 2003 Ida. App. LEXIS 106
CourtIdaho Court of Appeals
DecidedOctober 14, 2003
Docket29059
StatusPublished
Cited by8 cases

This text of 80 P.3d 1099 (State v. Medel) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Medel, 80 P.3d 1099, 139 Idaho 498, 2003 Ida. App. LEXIS 106 (Idaho Ct. App. 2003).

Opinion

PERRY, Judge.

Jose Alfonso Medel appeals from the district court’s intermediate appellate decision reversing the magistrate’s dismissal of Me-del’s .misdemeanor public disturbance noise charge. We affirm the district court and remand to the magistrate for further proceedings.

I.

FACTS AND PROCEDURE

On August 19, 2001, American Falls police responded to a loud music complaint. The music was coming from a vehicle and, as officers approached, they discovered an individual in the back seat. Officers recognized the individual as Medel, whom they had previously warned about playing loud music from his vehicle earlier in the month. Officers explained to Medel that the music was too loud and issued Medel a misdemeanor citation for violating a public disturbance noise ordinance. American Falls, Idaho, Municipal Code § 6-1-54 (1998). The magistrate dismissed the charge based upon its conclusion that the ordinance was facially overbroad and vague. On intermediate appeal, the district court reversed the magistrate, holding that the ordinance was not unconstitutionally overbroad or vague. On appeal, Medel argues that the district court erred when it reversed the magistrate. Me-del contends that the ordinance violates the First Amendment and the Due Process Clauses of both the Fourteenth Amendment to the United States Constitution and Article I, Section 13 of the Idaho Constitution because it is facially overbroad and void for vagueness. 1

II.

ANALYSIS

On review of a decision of the district court, rendered in its appellate capacity, we examine the record of the trial court independently of, but with due regard for, the district court’s intermediate appellate decision. State v. Bowman, 124 Idaho 936, 939, 866 P.2d 193, 196 (Ct.App.1993). When the issues presented involve the constitutionality of a statute, we review the magistrate’s determination de novo. State v. Cobb, 132 Idaho 195, 197, 969 P.2d 244, 246 (1998). There is a strong presumption of the validity of an ordinance, and an appellate court is obligated to seek an interpretation that upholds its constitutionality. Id.

A. Overbreadth

In this case, Medel was charged with violating a city noise ordinance because he allowed music to originate from his vehicle in excess of the noise restriction. American Falls Municipal Code Section 6-1-54 provides, in pertinent part:

It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises:
(D) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet (50") from the vehicle itself.

Medel asserts that the ordinance is facially overbroad because it restricts a substantial amount of a constitutionally protected freedom — the freedom of expression.

*501 The overbreadth doctrine is aimed at statutes which, though designed to prohibit legitimately regulated conduct, include within their prohibitions constitutionally protected freedoms. State v. Richards, 127 Idaho 81, 35, 896 P.2d 357, 361 (Ct.App.1995). Where a facial overbreadth challenge is presented, the Court’s inquiry is to determine whether the enactment reaches a substantial amount of constitutionally protected conduct. State v. Leferink, 133 Idaho 780, 784-85, 992 P.2d 775, 779-80 (1999). If the overbreadth is substantial, the law may not be enforced against anyone, including the party before the court, until it is narrowed to reach only unprotected activity, whether by legislative action or by judicial construction or partial invalidation. Id. at 785, 992 P.2d at 780. Overbreadth is not substantial if, despite some possibly impermissible application, the remainder of the statute covers a whole range of easily identifiable and constitutionally proscribable conduct. Id. The test may be otherwise stated as whether the statute is unconstitutional in a substantial portion of the eases to which it applies. Id.; Richards, 127 Idaho at 35, 896 P.2d at 361.

Music, as a form of expression and communication, is protected under the First Amendment. Ward v. Rock Against Racism, 491 U.S. 781, 790, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989). However, governmental authorities may impose reasonable restrictions on the time, place and manner of protected speech, provided that the restrictions are content neutral, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information. Id. at 791, 109 S.Ct. 2746.

In determining content neutrality, the question is whether the government has adopted a regulation of speech because it disagrees with the message. Id. A regulation that serves purposes unrelated to the content of expression is deemed neutral. Id. The purpose of the ordinance in this case is to control excess noise at levels that disturb other citizens’ peace and repose. See American Falls, Idaho, Municipal Code § 6-1-54(B), (C), (F). The ordinance restricts excess sound levels regardless of the content, whether it be restful or raucous, religious or rebellious, politically correct or offensive. The ordinance is content neutral.

We conclude that the ordinance is also narrowly tailored to serve a significant governmental interest. Governments have a legitimate interest in protecting the well-being, tranquility, and peace of their citizens, as well their traditional public forums such as city streets and parks, from excess noise. Ward, 491 U.S. at 796, 109 S.Ct. 2746. Furthermore, although the ordinance in this case may have been drafted more narrowly — to specify the need for an actual disturbance of someone’s peace or to designate certain places and times of the day to which the restrictions apply — a content neutral time, place, and manner regulation of protected speech need not be the least restrictive means of accomplishing the government’s purpose. See id. at 797-800, 109 S.Ct. 2746. So long as the means chosen are not substantially broader than necessary to achieve the government’s interest, a regulation will not be invalid simply because a court concludes that the government’s interest could be adequately served by some less speech-restrictive alternative. Id. at 800, 109 S.Ct. 2746. Additionally, Section 6-l-54(G) of the ordinance in this case narrows the application of its restrictions by excepting regularly scheduled and city-approved events at parks, streets, parking lots, or halls — such as park concerts or street dances.

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Bluebook (online)
80 P.3d 1099, 139 Idaho 498, 2003 Ida. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-medel-idahoctapp-2003.