Noise, noise, everywhere, nor any note to hear

The plains are not alive with the sound of music.

If you’re going to organize an outdoor concert featuring “several well-known bands,” don’t tick off the neighbors by playing loud music. If you can help it.

If the volume does tick off your neighbors, pray that they don’t have the ear of a city councilmember (who hears their cries, but not yours). If you can help it.

If that councilmember then calls the police – in this case, Lt. William Biesenbach of the San Antonio Police Department — to check whether the city’s “decibel noise limit” is being properly enforced, pray that this doesn’t happen: 

Biesenbach asked the sound engineer whether the volume could be turned down. The engineer replied that adjustments would have to be made by the performers on stage after the song was finished. Biesenbach said: “OK — this is the last song — shut it down!” Plaintiffs tried to gain a reprieve. They called City Councilman Ron Segovia, who urged Biesenbach to be lenient, but he did not budge. The performers packed up and left. While the final evening of the concert took place indoors, the shut down led to hundreds of thousands of dollars in lost profits, and destroyed McClure’s credit and reputation as a music promoter.

If you can help it.

If all your prayers go unanswered, and you choose to plead your case in federal court, beware of the Parratt/Hudson doctrine (quick discussion). Otherwise: Case dismissed.

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