Milford, Officer Being Sued Over Town’s Noise Ordinance
Milford, Officer Being Sued Over Town’s Noise Ordinance
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Milford, Officer Being Sued Over Town’s Noise OrdinanceThe town of Milford and one of its police officers are facing a civil tort claim over the town’s noise ordinance.
Through his attorneys, plaintiff Richard Costa filed the suit against police Lt. Timothy Miller and the town on Nov. 2 in Kosciusko County Circuit Court. He seeks “an order permanently enjoining the enforcement of the town of Milford’s unconstitutionally vague and overbroad local noise ordinance that, among other things, has interfered with his ability to play music in his garage.”
The suit states Costa brings the action against the defendants for violations of the Fourth, First and 14th Amendments to the U.S. Constitution and for “the tort of trespass to land.”
The Milford noise ordinance prohibits “any loud, unnecessary or unusual noises whatsoever which shall annoy, injure or endanger the comfort, peace, health or safety of others.” That includes “radios, stereos, tape players, compact disc players or any loud noises by or from any motor vehicles or bicycles.”
The ordinance also states that anyone who violates the terms will be fined up to $100 per offense. In the case of any continuance noise in violation of the ordinance, every day that a violation continues it constitutes a separate offense.
On Feb. 17 at around 3:45 p.m., Costa was inside a garage at his home on North Shaffer Street in Milford, the claim states. He began playing rock music at a reasonable volume with his father and a friend. Costa was playing drums and his friend and father were playing guitars. All doors and entrances to Costa’s garage were shut.
Costa had installed insulation in his garage to minimize the sound of music.
There was no criminal activity taking place in Costa’s home, no reports of criminal activity there and “no reasonable officer would believe there was probable cause or reasonable suspicion to believe there was,” the suit contends.
While Costa was playing music on Feb. 17, Miller came to Costa’s home. Miller came onto Costa’s property by walking onto the driveway and opened the door to Costa’s garage and yelled, “Shut it off.”
Miller was outside of Costa’s home no more than three minutes before entering the garage, the claim states. Miller did not have authorization from Costa or anyone else at the residence to enter the garage. He also didn’t have a warrant to enter and didn’t have probable cause or reasonable suspicion to believe a crime was taking place in the garage.
Before entering the garage, the suit states Miller had no exigent circumstance necessitating he enter the garage and he did not call Costa by phone, knock on any entrance to the home or contact Costa in anyway prior to “unlawfully” entering the garage.
After Miller entered Costa’s garage, Costa asked Miller why he had unlawfully entered his garage. Miller cited the town’s noise ordinance as justification for his actions. The suit also states that Miller responded by “threatening to assist in prosecuting Costa for a crime, even though Costa had committed no crime.”
Based on the suit’s facts, Costa alleges Miller subjected him to unlawful search and seizure in violation of his rights. He also alleges Miller violated his right to artistic speech and expression.
The tort claim says Miller had neither the probable cause nor reasonable suspicion needed to subject Costa to search and seizure or interfere with his artistic speech and expression. It says Miller’s acts and omissions were “intentional, willful, wanton and malicious.”
Costa alleges the town’s local noise ordinance is unconstitutionally vague and overbroad and in violation of the 14th Amendment.
The town is liable for Miller’s actions because he is an employee of Milford, the suit states.
Costa filed his notice of tort claim with the defendants on June 27.
He is requesting the court declare Milford’s noise ordinance unconstitutionally vague and overbroad in violation of the 14th Amendment. He wants the court to enjoin the town from enforcing the ordinance, award him compensatory and punitive damages against all defendants, award his legal costs and attorneys’ fees and grant all other just and proper relief.
