"A police spokesman countered Friday that he and other officers had spent an inordinate amount of time dealing with noise complaints from nearby residents and hotel guests related to the demonstration."
Believe it or not some people sleep, nap, or just generally take it easy even (gasp) during the day at resorts and spas (if daytime actually had anything to do with this).
Although not mentioned I would bet that her honking was more on the order of laying on the horn rather than a couple of brief toots.
Now to the nitty gritty - once more your well known and documented habit of skimming rather than "wasting time" reading has led you to make the usual foot in mouth remarks.
DaveK - "So much for "Honk if you love Jesus!" (To say nothing of when picking up a car-pooler in the rain, or running late). If this were at night, I could see it -- but this was in broad daylight!"
Dave's linked article - "Harris was among nearly 40 motorists who received tickets beginning shortly before midnight on Aug. 27, accused of violating a California Vehicle Code section prohibiting the use of horns except "when reasonably necessary to insure safe operation" of vehicles or as part of a theft-prevention system." (emphasis mine so Dave won't miss it again)
The rest of us - California (Berkley) is not part of the land of the midnight sun unless that last quake REALLY rearranged things!
I guess now you can "see it" after all.
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General discussion
Free speech, or illegal noise?
(Chronicle login: semods4@yahoo.com; pw = speakeasy)
>>An Oakland woman alleges Berkeley police violated her First Amendment rights when an officer ticketed her last year for honking in support of a labor union's picketing outside the Claremont Resort and Spa to protest rising health care costs and other issues.
Carol Harris, 51, is appealing her $143 "unreasonable use of horn" citation to Berkeley's Police Review Commission.
Harris was among nearly 40 motorists who received tickets beginning shortly before midnight on Aug. 27, accused of violating a California Vehicle Code section prohibiting the use of horns except "when reasonably necessary to insure safe operation" of vehicles or as part of a theft-prevention system.<<
So much for "Honk if you love Jesus!" (To say nothing of when picking up a car-pooler in the rain, or running late). If this were at night, I could see it -- but this was in broad daylight!
-- Dave K, Speakeasy Moderator
click here to email semods4@yahoo.com
The opinions expressed above are my own,
and do not necessarily reflect those of CNET!
Discussion is locked
1 - 30 of 79 Posts
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notice that they were being disruptive and disturbing the peace. It also appears that it was not "in broad daylight," as the article states "shortly before midnight."
There's free speech, and then there's breaking the law. They got ticketed for breaking the law - now they have something else to whine about 
.
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NOT in the middle of the day....
"Harris was among nearly 40 motorists who received tickets beginning shortly before midnight on Aug. 27, accused of violating a California Vehicle Code section prohibiting the"
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Working a swing shift, I have to sleep with noise during 'normal hours' that people on 'normal schedules' don't, cutting grass, garbage pickup, etc.
Even if you have noise ordinances, the differences in what is permitted based on time of day/night.
And though I was probably as often guilty as anyone else when I was a teenager or even in my twenties, when picking up a car-pooler in the rain, or running late is just as disruptible for many of us when you do it in the morning as in the evening. How would you feel if every night about 11 or midnight, someone honked at your next door neighbors? or at 6 am when you didn't get home from work till after 11? or after 16 hours at work the night before?
Or if I came home after getting off at 11 pm, took a shower, had 'supper', then my wife and I sat down to watch 6 hours of Lord of the Rings with surround sound (and subwoofer) running at volumes permissible during 'normal hours' (vs late) next door to you every evening during my 7 days of 3 to 11 shift?
Not everyone goes to work after sunrise and comes home in time for the evening news.
Sorry Dave, because I'm not on so-called banker's hours, I have to put up with the 'normal noise', including inconsiderate car horn honking. And I heard years ago in the '60s drivers ed that a horn was a warning device, not a way to wave at people you know. I've been as guilty as anyone of doing it occasionally I'm sure, but that doesn't change how disruptive it can be.
JMO
Roger
click here to email semods4@yahoo.com
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Maybe it should have some remote resemblance or oratory....but that would exclude the non speaking/hearing. So, lets allow signs that carry a decipherable message. Well, maybe that's too radical because it would likely fit too well the original intention of that freedom and deny the elasticity that modern thinking wants to give the Constitution.
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I think if this was nearby YOUR residence, you might be among the complainers (and rightly so!). She was one among forty -- sounds like quite a disruptive protest.
Others have pointed out that you didn't even read your own excerpt very well as this occurred close to midnight! But still, even if folks aren't sleeping during the day, they should be entitled to their peaceful neighborhood.
Evie
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... shouldn't respond the next time there is a little honk-fest in your neighborhood?
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were as in this situation? No.
If it was just a bunch of kids honking for the fun of it, then yes.
Dan
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... for Bolton 
If your criteria is just that the honking had a purpose ...
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in favor of Bolton (we have now deep into Evie's fantasy land) and passing vehicles were asked to honk in support then my feelings would be as in the case above.
Dan
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You don't believe me because you are pretty sure that you would have lied in my situation. Since you believe you would have lied you are having a difficult time imagining that someone would not lie.
Dan
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Arebn't a bunch of kids honking ofr the fun of it exercising free speech? Why not?
What's your address then? Maybe we could organize some "free speech" 24/7 for you.
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described in the article it was free speech. Given different circumstances it may or may not be free speech.
Dan
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... do not mean the right to say whatever you want whenever you want. People in a courtroom don't have free speech rights while court is in session to just pipe up in support of someone they think is wrongly accused. Passers-by equally don't have the right to honk and disturb the peace.
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you try to equate the rigidly controlled environs of a courtroom in session with the much less strict requirements of a public thoroughfare.
Dan
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Under what circumstances would it NOT be free speech? Why ISN'T a bunch of kids honking for fun free speech? I say that's as legitimate as a demonstration.
What if your neighbors are having a loud party at 2 AM featuring music (protected free speech,no?) and political arguments (again, protected free speech). Is it okay for you to call the cops and have it shut down?
Even if noise is free speech (extremely dubious)the right of free speech does not eclipse your right to be secure and undisturbed in your home. Free speech does NOT mean you have a right to be heard by anyone or to ruin someone else's quality of life.
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of speech? Why would the kids not be engaged in speech? Why do you need a horn to speak?
If someone woke me up in the middle of the night with their horn, unless it was an emergency, I would be sorely tempted to impose a few auto repair bills particularly if the police were not allowed to act.
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The situation is very clear. The meaning and purpose of the honking was clearly to express support for the picketers.
Kids may engage in free speech, but not all activities are speech or protected as such. Random honking to wake people maliciously is not protected. Your fantasy of an assault on other's property is an expression of criminality and mental imbalance, not of protected speech.
Dan
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anyone is protesting or supporting, If they make noise enough to wake me and my neighbors up it is a violation of our rights! Since when is it alright to trample over anyones rights to protect a protest?
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Does it convey some information to a listener? If you hear loud honking outside your house do you agree or disagree with it? What if it's one of those idiot kids with a car/boombox? Can't ticket them either? Are noise ordinances unconstitutional? How about a jackhammer? Is it free speech to run one of those in the middle of the night?
It's noise, Dan. The penalty should be much higher.
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