One Day Left to Stop new SF Noise Ordinance restricting Protests and Picketing

To Pilar Schiavo:

Thank you for your note. You are correct that MPC 49 presently states that 10-watt bullhorns cannot exceed 5 dBA over the ambient level at the nearest property line. That is also an unreasonable regulation. Fortunately, to my knowledge, it is never enforced.

However, the proposed regulation of 10-watt bullhorns in the new Noise Ordinance to 10 dBA over the ambient level 25 feet from the source is also unreasonable. Almost every protest rally will violate it.

It is nice to have Mr. Rivard's assurance that the city "has a past practice to deferring to 1st amendment rights in these situations." However, I would not want to rely on his assurance, when the proposed ordinance makes such activities illegal.

My suggestion is that you table the ordinance for now, and do some further investigation into this matter. Have someone attend several large protest rallies that use bullhorns and measure the sound level. I think you will find that most of them violate the new ordinance (and the present ordinance as well).

If you are going to change the Noise Ordinance, why not do it right? Why put on the books a provision that most protest groups will violate, in the hope that the police will not enforce it?

One suggestion would be to specifically exempt First Amendment activities from this provision. If this is the past practice, why not incorporate it into the new law?

If you must have a noise standard, make it one that protest groups can actually comply with. Also you should require that a written warning be given 10 minutes before someone engaging in a First Amendment activity is cited under it.


Sincerely yours,

Larry Rosenbaum
510-213-2584 cell

----- Original Message -----
From: Pilar Schiavo
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.
>
>
>
> 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.