[Vision2020] New NO info...

[Sunil Ramalingam]

Garrett,

I favor a fixed standard so that what constitutes excessive noise will not 
be left to the officers' discretion.  If we do the latter, application of 
the law will vary wildly.  I don't have a suggestion as to what the limit 
should be, at least not now.  As I said before, Lewiston does use this 
approach.

I listened to part of the last city council meeting this morning on KRFP, 
and I was shocked to hear a council member, who may have been Linda Pall, 
say she did not want to restrict the officers . She said she trusted them, 
and did not want the law to restrict them based on the conduct of the worst 
officers.  She said the actions of those officers could be handled 
administratively.

I could not disagree more.  The Bill of Rights in our constitution does not 
say that we will trust the agents of the state and give them the discretion 
to restrict our freedoms.  No, it defends our freedoms first.  It says the 
state shall have to prove it has a valid reason to meddle in our affairs.  
It doesn't simply hand over our freedoms to the state.  And I hope it was 
not Linda who made that statement; if it was, I hope she will reconsider.

Because she knows that when state agents act improperly, the first thing the 
state agency does is to try to limit its own liability.  It's no different 
than when a driver gets in a wreck and is sued; the insurance company tries 
to limit its exposure.  So to simply hand over unfettered power to the 
police, and expect to adminstratively handle its subsequent abuse is folly.

I find it interesting that the council is ready to subject all of us to an 
ordinance because of the activities of just a few people, and yet unwilling 
to circumscribe state power.

Sunil

>From: Garrett Clevenger <garrettmc at verizon.net>
>To: vision2020 at moscow.com
>Subject: [Vision2020] New NO info...
>Date: Fri, 9 Nov 2007 23:40:35 -0800 (PST)
>
>Sunil,
>
>Do you want a fixed decible limit for trial purposes?
>Is it because you need firm evidence that someone
>broke the law, rather than subjective levels?
>
>Do you have a max level in mind?
>
>Thanks,
>
>gclev
>
>
>
>Fine, establish a maximum noise level and have the
>responding cop measure it
>with a decible meter.  If it exceeds the limit, write
>the ticket.
>
>Sunil
>
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