Tag Archive: lawsuit

Justice prevails: Federal court rules sound cannon can be excessive police force

Alex Pasternack, Fast Company, reports on a recent U.S. Court of Appeals for the 2nd Circuit decision that ruled “[a] powerful speaker that’s capable of causing hearing damage and is used by a growing number of police around the world isn’t merely a ‘communication device’ but, potentially, an instrument of excessive force.” The court was addressing the appeals of two New York City police officers who were seeking qualified immunity in a lawsuit that accused “them of using unconstitutionally excessive force when they deployed a Long Range Acoustic Device (LRAD) at a Black Lives Matter protest in 2014.”

The 2nd circuit affirmed a decision last June in which District Court Judge Robert Sweet, of the southern district of New York, ruled that the sound emitted by a long-range acoustic device (LRAD) used by the New York City Police Department to order protestors onto sidewalks “could be considered a form of force.”

Chief Judge Robert Katzmann, writiing for the 2nd circuit, found that “purposely using an LRAD in a way that can cause serious injury in order to move non-violent protesters violates the Fourteenth Amendment.” Judge Katzmann added that, “this Court’s longstanding test for excessive force claims teaches that force must be necessary and proportionate to the circumstances … [T]he problem posed by protesters in the street did not justify the use of force, much less force capable of causing serious injury, such as hearing loss.”

It is never acceptable for any police force to use sound cannons against non-violent protestors. Period.

When in doubt, sue—Canadians did and won

by David M. Sykes, Vice Chair, The Quiet Coalition

Hard to believe that Canadians could be as litigious as we are down here in the U.S., but this Canadian group won their noise suit.

Imagine suing a U.S. federal agency about highway construction noise and actually winning! Of course, it took this Canadian group two decades to win, and in toto they won only $3.5 million. In the end, a typical family will receive about $3,000 to $5,000—that’s enough for a family to buy a single pair of hearing aids–so perhaps the whole family will take turns wearing them?

But what this case suggests is that legal action is a viable strategy—at least in regions where it’s understood that noise is public health problem and that, therefore, citizens are entitled to relief.

Are we there yet in the U.S.?

In addition to serving as vice chair of the The Quiet Coalition, David Sykes chairs several professional organizations in acoustical science: The Acoustics Research Council, American National Standards Institute Committee S12, Workgroup 44, The Rothschild Foundation Task Force on Acoustics, and the FGI Acoustics Working Group—a partner of the American Hospital Association. He is the lead author of “Sound & Vibration 2.0 (2012, Springer-Verlag), a contributor to the National Academy of Engineering report “Technology for a Quieter America,” and to the US-GSA guidance “Sound Matters”, and co-founded the Laboratory for Advanced Research in Acoustics (LARA) at Rensselaer Polytechnic Institute. He recently retired from the board of directors of the American Tinnitus Association. A graduate of the University of California/Berkeley with graduate degrees from Cornell University, he is a frequent organizer of and speaker at professional conferences in the U.S., Europe, Asia, and the Middle East.

When noise is a weapon

Photo credit: Soundweapon by Peter Bergin licensed under CC BY-SA 2.5

Colin Moynihan, The New York Times, reports that a federal judge has ruled that the sound emitted by a long-range acoustic device (LRAD) used by the New York City Police Department to order protestors onto sidewalks “could be considered a form of force.” LRADs may “resemble heavy-duty speakers of the sort used to make announcements at high school football games,” but they are, in fact, powerful sound cannons. “[D]eveloped in part as a response to a terrorist attack on a Navy destroyer…[the LRAD is] capable of emitting sound bursts loud enough to repel potential attackers.” Moynihan writes that on the night of the protest:

[T}he police used a model called the 100X to emit a series of sharp, piercing beeps directed at people who in some cases were less than 10 feet away. Soon afterward, six of those who were nearby at the time and said they had developed migraines, sinus pain, dizziness, facial pressure and ringing in their ears filed a lawsuit challenging the police’s use of the device.

With this ruling, the plaintiffs’ lawsuit, which asserts that “their 14th Amendment rights had been violated, by an excessive use of force,” can proceed against the city and two members of the Police Department’s Disorder Control Unit. The judge found that the officers used one of the LRADs to order protestors onto the sidewalks, but also “employed the deterrent tone between fifteen to twenty times over a span of three minutes” and  “at points the officers used the device within 10 feet of the plaintiffs and angled it toward them.”  One of the plaintiffs said that “the sound that night was earsplitting and seemingly without respite,” adding that “[i]t’s like a noise flamethrower.”

The idea that a weapon developed to repel terrorist attacks was used on U.S. citizens who were protesting peacefully–a right guaranteed under the Bill of Rights–is appalling. One hopes that this lawsuit will remove LRADs from all police arsenals, and lead to the general recognition that sound can be a weapon and noise must be controlled.