Tag Archive: Supreme Court

Cops use of LRADs violates 1st amendment rights

Photo credit: Mike Hudack licensed under CC BY-NC 2.0

by Arline L. Bronzaft, Ph.D., Board of Directors, GrowNYC, and Co-founder, The Quiet Coalition

This Associated Press article notes that federal officials were considering the use of long range acoustic devices to disperse crowds during Washington demonstrations. This device has also been called a “sound cannon” because the sound emitted can actually harm the hearing of nearby individuals exposed to its auditory blasts. The military uses this device to warn ships of oncoming vessels which can give you the idea of how loud this device is.

The use of LRADs by the New York City police department as a crowd-control device to disperse crowds on the one-year anniversary of Eric Garner’s death was deemed by the Second Circuit Court of Appeals to be “considered excessive force.” The Supreme Court denied review of these findings this past May, allowing the plaintiffs to move forward with their case in New York City.

But in addition to the danger that the use of an LRAD poses to the hearing and well-being of individuals who happen to be in crowds protesting what they consider injustices, there is another issue at stake as noted by Kia Rahnama in her article “How the Supreme Court Dropped the Ball on the Right to Protest,” namely the right of citizens to peacefully assemble. Isn’t it time for the Supreme Court to weigh in on the right to assemble, which is protected by the First Amendment?

While the articles cited inform us of the dangers of using crowd-dispersing devices that may harm us, they also address the importance of allowing people to voice their opinions in groups that are for the most part peaceful, actions the Supreme Court should deem appropriate. Writing about the Supreme Court and its significance in protecting the rights of U.S. citizens is especially timely today in light of the death of the esteemed Ruth Bader Ginsburg. We all need to pay close attention to how our Supreme Court judges are selected. Our Constitutional Rights are at stake!

Dr. Arline Bronzaft is a researcher, writer, and consultant on the adverse effects of noise on mental and physical health. She is co-author of “Why Noise Matters,” author of “Listen to the Raindrops” (children’s book illustrated by Steven Parton), and has written extensively about noise in books, encyclopedias, academic journals, and the popular press.  In addition, she is a Professor Emerita of the City University of New York and Board member of GrowNYC.

Supreme Court on airport noise: “Go away!”

By David Sykes, Vice Chair, The Quiet Coalition (with contributions by Jamie L. Banks, Jeanne Kempthorne and Gina M. Briggs)

The U.S. Supreme Court has refused to hear the airport noise case brought by the town of East Hampton, Long Island (of The Hamptons in New York).
This is an important case that The Quiet Coalition wrote about back in January and March.  This case is significant as it addresses an important issue of public health, because noise not only causes hearing problems, it also contributes to heart disease and other conditions.

There are 15,000 airports in the USA, 5200 of which have paved runways, and 376 have regularly scheduled flights. That’s a lot of neighborhoods and people exposed to the pollution and noise from take-offs and landings! Perhaps now that the Supreme Court has denied their petition for a writ of certiorari (i.e., seeking review of a lower court decision), the East Hampton group will join the 36 communities in the National Quiet Skies Coalition and press their congressional representatives to join the Congressional Quiet Skies Caucus. The Caucus has already petitioned the Federal Aviation Administration (FAA) and submitted a bill to Congress. But it’s going to take many more communities joining the battle to win this one.

Many people around the U.S.—on both sides of the airport noise problem—were watching to see what the Supreme Court would do. What the Court did was let the Second Circuit Court decision stand. That decision had invalidated the town’s restrictions on flights to and from the East Hampton Airport—which the town owns–after finding that the town did not have the right to impose the restrictions owing to a 1990 federal law that “limits the town’s authority to impose rules at the airport.”  NOTE: The FAA’s argument relied on federal preemption, and, in particular, the Town’s failure to comply with the procedural requirements of the federal Airport Noise and Capacity Act of 1990. The Second Circuit held that the Act applied even though the Town was had forgone federal funding for the airport.

Many locals were unhappy, with one telling the New York Times:

“The Supreme Court’s decision not to hear the case was ‘indicative of the fact that when it comes to our own airport, we don’t have local control,’ said Barry Raebeck…. ‘It strikes me as decidedly unjust, as un-American. This is what we’re all about, local control. We have federal agencies dictating. I consider the F.A.A. a lobbying group for airport operators. You don’t have any rights unless you’re in an airplane in their minds.’”

Is this the end of the matter? No. But getting a case to the Supreme Court is a long, time-consuming, and expensive process. We congratulate those who have been waging this battle so far and urge them: PLEASE TAKE THE NEXT STEP! We’re reminded of Theodore Roosevelt who said:

“…Credit belongs to the [people] who are actually in the arena…who err and come up short…who spend [themselves] for a worthy cause; who…know the triumph of high achievement, and who, if they fail, fail while daring greatly; [their] place shall never be with those cold and timid souls who knew neither victory nor defeat.”

We believe the key to winning the airport noise battle—indeed all battles about noise in America—is to challenge the FAA’s (and its parent, the U.S. Department of Transportation’s) long-held and politically convenient view that noise is “merely annoyance” with no appreciable effects on health or well-being. This is unfounded. In fact, the adverse health effects of noise are strongly supported by decades of authoritative evidence from medical and public health professionals. The use of the term “annoyance” is a shibboleth; that is, a term used to characterize the problem that is fundamentally wrong.

Noise control advocates now need to re-focus their efforts on the public health effects of noise—for which solid scientific evidence exists and continues to grow–and go back to court with new arguments until this battle is won.

David Sykes chairs/co-chairs four national professional groups in acoustical science: The Acoustics Research Council, ANSI S12 WG44, The Rothschild Foundation Task Force on Acoustics, and the FGI Acoustics Working Group. He is also a board member of the American Tinnitus Association, co-founder of the Laboratory for Advanced Research in Acoustics (LARA) at Rensselaer Polytechnic Institute, lead author of “Sound & Vibration 2.0 (2012, Springer-Verlag), and a contributor to “Technology for a Quieter America” (2011, National Academy of Engineering). 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.