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    Annoyed in Brighton


    By Wendy Day, Section News
    Posted on Sat Dec 20, 2008 at 08:19:58 AM EST
    Tags: (all tags)

    (Promoted by Nick...)

    Come to Brighton and you may be fined or ticketed for annoying someone!

    Brighton City Council recently passed an ordinance that could lead to tickets or fines for those who "annoy" others.  Brighton is a nice community with traditionally competent and thoughtful leadership.  This new law has left me scratching my head.  

    On the surface, this is just what it seems, a silly waste of time and money on a law that can't be fairly enforced and is sure to land Brighton in the State and National spotlight.  Beyond the obvious jokes that are sure to accompany this law, there are some serious implications for those who live in Brighton and visit this community in conservative Livingston County.  Let's look at the silly, the serious, and the scary aspects of Brighton's latest law.

    From the Livingston County Press and Argus
    www.livingstondaily.com

    The Brighton City Council approved a more stringent code for public conduct, and those who violate the rules - including annoying someone else - could be ticketed and fined. The ordinance was modeled after one in Royal Oak, where Brighton Police Chief Tom Wightman previously was employed.

    One of the sections reads, "It shall be unlawful for a person to engage in a course of conduct or repeatedly commit acts that alarm or seriously annoy another person and that serve no legitimate purpose."

    Another section states, "It shall be unlawful for any person in the city to insult, accost, molest or otherwise annoy, either by word of mouth, sign or motions any person in any public place.

    The Silly

    Here is my favorite comment from the local StoryChat:

    "This is saying that if I have a case of the popcorn farts walking down the street, I can be arrested for it. And it wouldn't even fall under freedom of speech!"

    This pretty much sums up the reaction of locals to the new law.  

    Imagine the headlines:
    Tot Ticketed for Climbing up the Slide.
    Waiter Fined for taking too long to Bring Food.
    Mom Detained over Thong Underwear Refusal for Preteen Daughter

    The Serious

    Folks in Brighton not only have to worry about farting in public, but about their comments at City Council meetings and public events leading to tickets and fines.  Brighton officials assert that the law is not meant to be used against just anyone:
    From Press and Argus

    "...Foster said the rules are aimed at those who interfere in public areas as opposed to residents who are simply annoying for annoyance's sake."

    Foster also said that enforcement would be subjective and up to the local police.  They admit it could infringe on people's freedom of speech, but plan to review each case.  I guess this is suppose to make us feel better.

    I am not feeling the Brighton love. In fact, this vague law is setting into motion a dangerous opportunity for uneven enforcement and infringement on our constitutional rights.

     The Scary

    Brighton plays host to a variety of rally's, gathering, and even protests from time to time. The Millpond pavilion offers a great backdrop for these kinds of events.  With this new law, these events could face unfair and unconstitutional scrutiny.  

    While the occasional anti-war or peace rally may annoy me, they should not be fined or ticketed for exercising their rights to assemble and free speech.  Likewise, I am sure it annoyed some when the Stop Obama Bus came to Brighton last fall.  As an audience member, I could have been subject to fines under this new law. If recent history proves accurate, conservatives could be more likely than liberals to be caught in the web of enforcement when it comes to public protests and demonstrations.

    Brighton has a local watch dog who has been very vocal in the past few years. And yes, I can guarantee she has annoyed the City Council on many occasions.  Will they now just ticket her when she says something they don't want to hear?  Will this intimidate others into not stepping forward to voice their opinion or disagree with City Council?  Can City Council members have each other fined?  They are bound to be annoyed with each other at times.

    Brighton City Council wants everyone to know that this isn't about big brother.  But it sure feels that way.  If you can be ticketed and fined based on a subjective analysis of someone's annoyance with you, who is safe?  

    I don't think this law was passed with malicious intent.  However, whatever the intention, it is just bad policy. Brighton needs to reverse this decision as soon as possible.  If left in place, this silly, serious, and scary law is bound to be just downright annoying.

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    Ushering in the Nanny State? (none / 0) (#1)
    by Eric T on Sat Dec 20, 2008 at 09:17:00 AM EST
    While some may think a law, like this is cute or fun. It really isn't. What is the underlying intention of a law like this?

    To generate tons of nonsense lawsuits?
    To have people in a state of fear, worried about offending or annoying others?

    While in theory it would be great, making that phone call to the police everytime, the old lady is getting on your nerves, or when the kid driving down the street with his radio thumping the bass so loud it shakes the windows, or maybe at work when your demanding boss is starting to annoy you, Or your just having a bad day and everyone is annoying you.

    but in reality

    This one needs to go to the dumpster, And whoever wrote this one needs to become famous for writing possibly the stupidest law ever.
    The author of this jewel had to be a democrat, I don't think any Republican would even think of putting out something this awful.

    Royal Oak and the "Vampires" (none / 0) (#3)
    by John Galt on Sat Dec 20, 2008 at 10:28:22 AM EST
    It was modeled after a law in Royal Oak that gives the police the authority to move you or harrass you if other "normal" citizens feel harrassed.

    The "vamps" or "goths" used to sit at 4th and Main next to the gothic looking facade of a bank long closed.  Loitering used to be illegal, but apparently the cops couldn't do anything about it.

    So the law goes into affect, and all the people who were creeped out by the "goths" managed to get them ticketed.  See, their acts had no "useful purpose", as defined by the law.  If they at least had a purpose it would be okay if they creeped people out.  

    In the years that Royal Oak has reinvented itself, burned out, and reinvented itself again... the crowd keeps going upscale and the rents keep going up.  People wanted to protect what they felt was their "neighborhood".

    It's a shame that Royal Oak and Brighton feel that city government needs to "groom" a city's lifestyle by enacting laws to force out potential undesirables.  

    What's next (none / 0) (#4)
    by Eric T on Sat Dec 20, 2008 at 11:07:56 AM EST

    Pretty soon they will probably try and add fashion police as well, if your not hip, and up to date on the latest fashion trends, you'll be getting a ticket and spending some time in the slammer.

    Then after that, thought police, but wait, they actually have already been trying to get this with hate crimes bills ect...

    What You Can Do About It (none / 0) (#5)
    by Jeremy Nielson on Sat Dec 20, 2008 at 05:16:07 PM EST
    Thanks Wendy for posting this intriguing story.  But just because the city enacted a new ordinance doesn't mean it's game over.  There are things you can do, but first I'll introduce why this is happening.

    City Councils get away with this because nobody pays attention.  Nobody opposes it.  City politics is being over-run with busy-bodies.  Their intentions are probably good, but whose going to stop them?  You know the busy-bodies.  They're not just concerned citizens, they're people who got involved because something ticked them off - and they're going to retaliate.  They're going to reform the city into their vision of Eden.

    Average voters trust that the city's being ran by the elected and go on about their business.  Average voters don't really watch city council meetings, and will never attend one.  If they read the news, they might see national headlines or read the sports page.  They want to be left alone, and most times ARE left alone.  

    There are some "average voters" who like the "sexy" politics.  They get excited to vote every 4 years, and pay attention to national politics, the "sexy" politics, and they care about that even if they can't do anything about it.  Even state-wide politics is kinda sexy.  You can call your State Rep and complain and feel good.  

    Local elections and school boards aren't sexy.  Most people are bored by them.  Most of the people who get really involved in City Politics are the busy-bodies.  It's really a shame, because city politics affects the most people, and people have the most direct control.  But the people pushing for this ordinance don't have anyone opposing them.  

    Think about it.  Does your city have a "blight ordinance"?  Who enforces it?  Many cities these days have a team of homeowners or city officials who rove the city looking for things that might not "look nice".  There's also another dynamic.  When someone was "wronged" by the city, they get involved.  They want to nitpick their neighbors like they were nitpicked.  City politics shouldn't be this way, and city government should simply be administrative.

    The solution is simple.  Be active, be involved, be personable and get support.  The more people you have behind you when you make a stand the better.  If the city won't budge, be sure to remind voters during election season about the stupid, useless rules enacted by the council or mayor.

    These are our elected representatives of the community.  If they don't represent you, then you need to work to elect true representatives.  This is OUR government at work, not some faceless bureaucracy.  You don't need to "nitpick" or retaliate.  Be nice, be a neighbor, be tolerant.  And BE ACTIVE.

    Void for Vagueness (none / 0) (#7)
    by Victor Laszlo on Sat Dec 20, 2008 at 07:03:18 PM EST
    If this new ordinance is utilized to suppress free speech or any other right under the First Amendment, it will be deemed unconstitutional under the void for vagueness doctrine.

    One line says it all... (none / 0) (#9)
    by rdww on Sun Dec 21, 2008 at 04:38:19 PM EST
    "The ordinance was modeled after one in Royal Oak, where Brighton Police Chief Tom Wightman previously was employed."

    Cops and prosecutors love wide open, subjective laws, laws that put the burden on the prosecuted to disprove.


    Goths??? (none / 0) (#10)
    by Victor Laszlo on Sun Dec 21, 2008 at 07:01:18 PM EST
    I hardly thinking driving a few harmless Goths underground had anything to do with Royal Oak's purported property value increases over the last few years.  In fact, Royal Oak's development and property value increases was more likely the result of the local property bubble that was recklessly expanding over the last few years and has now finally popped within this past year.  Ironically, Royal Oak's property values declined this year even though the Goths are out of sight.  Sometimes the logic behind these overly restrictive ordinances is just so utterly stupid.

    Could someone legally define annoying for me? (none / 0) (#11)
    by Republican Michigander on Mon Dec 22, 2008 at 02:24:11 PM EST
    That's my biggest problem right there, with taking ideas from Royal Oak of all places a close 2nd.

    As a Brighton-area resident for most of my 30 years, that's not what I want to see from my town.

    There's too many laws out there as it is.

    Scales (none / 0) (#13)
    by chetly on Sat Jan 03, 2009 at 02:25:07 PM EST
    You argue:

    "There is nothing wrong with standards nor forcing out potential undesirables ..."

    Crystallnacht?  Nothing wrong with it?  Undesirable .. to Hitler.

    I agree with half of what you said though - nothing wrong with "standards."  Absolutely. Standard implies measurability and consistency.  Due process and vagueness doctrine prohibit laws that are not standardizable.  "Annoying" is not a "standard" - "undesirable" is not a standard. Neither, on their face, have the ability to be measured.  

    If you want ordinances that prohibit specific actions to raise the standard of a community, you've started on a Constitutional footing (assuming you're standards aren't then in violation of other rights -- for example, prohibiting blacks from a "white-only" drinking fountain was a very precise standard, as would be honestly trying to prohibit political protest outright, but one violates equality and other free speech).  Annoying doesn't even start on a Constitutional footing because the word has no objective meaning.

    Most conservatives (and liberals in this case) appreciate a balance between reasonable standards to protect individuals and intrusive standards that burden them.  You're an outlier (I sincerely hope) among any group - I sympathize with your point about standards, but don't find it consistent or balanced.  

    As to Royal Oak property values, they've leveled off like everyone else's, and I'd propose their values increased not because of city laws on conduct as much as city openness to business in the downtown area. That is - they didn't crush business (even the loud biker crowd, which can be annoying, is tolerated because they bring business to the retailers) coming into the area and (naturally) creating a "cool environment".  Since the metro-Detroit area is so profoundly uncool - and there was room for a local boom in a geographically well-situated area (696, which, we should remember was finished being built in the 1980s, creating new opportunities and traffic patters, and I-75 corridors in the 90s and now).


    Chetly Zarko
    Outside Lansing & Oakland Politics

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