Only Three Days to Stop new SF Noise Ordinance restricting Protests and Picketing

I tried calling Pilar Schiavo at Tom Ammiano's office, but she will not be back until Monday. In her email, she argued that the new ordinance is no worse than the old one. However, like the old ordinance, it establishes a noise standard for protests and labor union picketing that essentially make every protest using bullhorns illegal.

Pilar said that the city "has a past practice to deferring to 1st amendent rights in these situations." If that is the case, why not expressly state that in the new ordinance?

If the supervisors believe in the First Amendment, they should incorporate their belief into the new law by exempting First Amendment activities from its restrictions or, at the least, providing a reasonable noise standard that protest groups can actually comply with and requiring the police to issue a written warning before citing someone.

Pilar said, "I have spoken with various unions in the last week and after clarifying the changes they have no outstanding concerns." They should be concerned. If unions are picketing a business and the police measure the sound level and find it in violation of the Noise Ordinance, what will they do?

The police love ordinances like this that make everything illegal, so they can arrest people and shut down protests whenever they want.

Please don't be misled by Ms. Schiavo's argument that the new ordinance is no worse than the old one. The old ordinance was so confusing it was never enforced. The new ordinance is very clear and probably will be in effect for the next 30 years. A new ordinance expresses the current wishes of the Board of Supervisors and is more likely to be enforced. If we are going to change an ordinance, let's do it right.

Thank you for your help.

The email addresses and phone numbers of Supervisors are listed below.

Please write or call them to express your desire that this new Noise Ordinance be modified. We only have four days.

Larry Rosenbaum
510-213-2584 cell



Here are the email addresses of the Board members:

Aaron.Peskin [at] sfgov.org;
Jake.McGoldrick [at] sfgov.org;
Michela.Alioto-Pier [at] sfgov.org;
Tom.Ammiano [at] sfgov.org;
Carmen.Chu [at] sfgov.org;
Chris.Daly [at] sfgov.org;
Bevan.Dufty [at] sfgov.org;
Sean.Elsbernd [at] sfgov.org;
Sophie.Maxwell [at] sfgov.org;
Ross.Mirkarimi [at] sfgov.org;
Gerardo.Sandoval [at] sfgov.org

> Here are their phone numbers:

> Michela Alioto-Pier (415) 554-7752
> Tom Ammiano (415) 554-5144
> Carmen Chu (415) 554-7460
> Chris Daly (415) 554-7970
> Bevan Dufty (415) 554-6968
> Sean Elsbernd (415) 554-6516
> Sophie Maxwell (415) 554-7670
> Jake McGoldrick (415) 554-7410
> Ross Mirkarimi (415) 554-7630
> Aaron Peskin (415) 554-7450
> Gerardo Sandoval (415) 554-6975

> Here is a sample letter that has been sent to the supervisors:
>
>
>
> Dear Supervisor -----
>
>
>
> I am 3rd generation San Franciscan and 5th generation Bay Area resident who
> comes into the city to protest our issues of the day and cherish the
> openness and liberty given to Constitutional Rights within the city. SF is
> among the top 10 cities in the US and as such is a vehicle for citizen
> concerns to be heard and to create visibility for important issues
> nationally.
>
>
>
> Any curtailing of First Amendment Rights locally is troubling, and is quite
> frankly illegal. The anti-bullhorn ordinance before you now is another
> troubling manifestation of business interests attempting to circumvent
> citizen protest, and shut out visible disagreement with their ruthless
> profit objectives that enslave the working class in poverty or drive young
> people to die in their empirical wars.
>
>
>
> In these modern technological times ACCESS to free speech is as important as
> free speech and must be considered a component of fulfilling First Amendment
> rights. If protest cannot be heard you are shutting it down and eliminating
> effective communications solely to those with deep pockets that can
> advertise or own media outlets editing what is seen and heard.
>
>
>
> Please shut this initiative down. Current laws are sufficient to keep
> sleeping citizens protected while allowing protest to be heard during
> daylight hours.
>

----- Original Message -----
From: Pilar Schiavo
To: mail [at] sosmin.com
Cc: tom.rivard [at] sfdph.org
Sent: Wednesday, November 12, 2008 14:17
Subject: Re: FW: Six days left to stop new SF ordinance restricting picketing, protests


Hi Larry,

I would like to talk to you ASAP regardig the updated noise ordinance sponsored by Supervisor Ammiano. I am his legislative aide working on this issue. I have spoken with the city attorney and city noise expert we consulted with on this legislation and both agree that there is NO change regarding bullhorns. The reading at 25 feet is half the decibles at 50 and the end result is the same. Bullhorns are actally regulated by the Sections 43-49 of the SF Police Code and not this noise ordinance. The new noise control ordinance, Section 2909 (c), Police Code, regulates noise from devices on public property by limiting them to 10 dBA over the ambient at 25 feet. The old Section 49 limited bullhorns of less than 10 watts (small, hand held) to 5 dBA at 50 feet in the day and not audible at 50 feet at night. These standards are essentially equivalent and there should be no change in regulatioin or enforcement surrounding union or protest activities. Large bullhorns for public assemblies over 10 watts must obtain a permit from the Entertainment Commission under existing and future law. With a permit they are exempt from the regulation and are subject to the acoustical conditions of the permit. I do not anticipate the new regulation having any new or addtional impact on such activities. I have spoken with various unions in the last week and after clarifying the changes they have no outstanding concerns. I hope this will clear up your concens but would like to touch base to make sure.

As you may know Suprvisor Ammiano is a long standing advocte for free speech and has been on many of these picket lines himself and has no intetion to hamper free speech activities. Tom Rivard, our city noise expert in DPH has worked on noise issues for many years and confirms that that city has a past practice to deferring to 1st amendent rights in these situations. Again, we believe that the net result is no change for bullhorn regulation. I would appreciate you sharing this information with your email list so the concern are clarified for all. I am out of the office today (hence the personal email), but in tomorrow and can be reached at 554-5145. Tom Rivard is happy to talk more about the technical details as well - 415-252-3933. It would help to have a conversation before you raise any more concerns via email.

Thank you,

Pilar Schiavo
415-867-0304





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> -----Original Message-----
> From: Larry Rosenbaum [mailto:mail [at] sosmin.com]
> Sent: Wednesday, November 12, 2008 9:06 AM
> To: Undisclosed-Recipient:;
> Subject: Six days left to stop new SF ordinance restricting picketing,
> protests
> Importance: High
>
> The city of San Francisco is planning to amend their Noise Ordinance in such
> a way as to severely restrict protests and picketing by unions and protest
> groups using bullhorns. The SF Board of Supervisors approved this ordinance
> on first reading on Tues. Nov. 4. The vote was 9-2. Final approval of the
> ordinance is scheduled for Tues. Nov. 18. My understanding is that no public
> comment will be allowed, because it was first taken up by the Rules
> Committee.
>
>
>
> This is our last chance to stop this dangerous ordinance from becoming law.
>
>
>
> Please contact the Board of Supervisors to let them know about your
> opposition to Section 2909 (c) of this ordinance, and your concern that it
> could be used by the police to stop labor and political protests.
>
>
>
> Here is the link to the proposed ordinance:
>
> http://www.ci.sf.ca.us/site/uploadedfiles/bdsupvrs/bosagendas/materials/0811
> 19.pdf
>
>
>
> San Francisco law allows use of a 10 watt bullhorn without a loudspeaker
> permit before 10 PM. Many labor unions and protest groups use these
> bullhorns at their rallies.
>
>
>
> Section 2909 (c) of the proposed ordinance will outlaw use of a bullhorn at
> a union picketing site or protest rally that exceeds 10 db over the ambient
> level 25 feet from the bullhorn. (This limit does not apply to events for
> which a loudspeaker permit has been issued by the Entertainment Commission.)
>
>
>
> From my experience, almost all bullhorn use at rallies exceeds that decibel
> level. No warning needs to be given before a citation is written. The sound
> level need only exceed that decibel level for a few seconds.
>
>
>
> Please contact the Board of Supervisors to let them know about your
> opposition to Section 2909 (c) of this ordinance, and your concern that it
> could be used by the police to stop labor and political protests.
>
>
>
> This is our last chance to stop this dangerous bill from becoming law.