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McMenamy’s owner plans to contest noise ordinance



Published: Sat, January 9, 2010 @ 12:04 a.m.

By Jordan Cohen

The defendant will appeal his conviction.

NILES — Robert Leonard, owner of McMenamy’s on Youngstown-Warren Road, was fined $25 Friday for violating the city noise ordinance, but the money is not the issue for him. The constitutionality of the ordinance is.

Leonard, the only business owner convicted thus far of violating the ordinance, was fined by municipal Judge Thomas Townley for what is technically a minor misdemeanor. The judge agreed to stay the sentence after Leonard’s attorney said he planned to appeal.

“We believe this ordinance is unconstitutional because it is vague, overly broad and was enacted because of the actions of one citizen who pushed for [it],” said Atty. Patrick Perry, counsel for Leonard. “From the outset, it’s been forced on my client.”

Perry said he will file with the 11th District Court of Appeals within 28 days.

City council revised the ordinance last April after hearing complaints for several months from several residents about noise from live concerts at McMenamy’s. Leonard was cited one month later.

During Leonard’s hearing last October, the officer who cited the owner, Lt. David Smathers, admitted during Perry’s cross-examination that the noise didn’t bother him but annoyed others.

“That’s why we’re contesting on a factual basis,” Perry said. “The officer did not find the noise annoying, and none of the people who called in to complain that night would leave their names.”

At the time of the citation, McMenamy’s was hosting a concert on behalf of the American Cancer Society’s Relay for Life. The ordinance contains an exception for such charity events but only until midnight. Leonard’s citation was issued after midnight.

Leonard declined to comment further.


Comments

1drx44420(38 comments)posted 4 years, 8 months ago

A commercial business near a residential area should comply with residential standards for noise.

Why should one police officers opinion matter? He doesn't live there.

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2nipsy(133 comments)posted 4 years, 8 months ago

In the name of charity they proclaim innocence....Give me a break!!! Noise is noise whether it is a charity concert or a full blown Rock Fest the law should be followed...If it bothers the neighbors then shut it down....

Suggest removal:

3woolyd(579 comments)posted 4 years, 8 months ago

It is a bar and it pays bands to play there. Music + People = Noise. Get over it people if you live by an establishment that has late night entertainment noise is gonna be made.

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4joesmoe(48 comments)posted 4 years, 8 months ago

This is pathetic, the comment of, "Why should one police officers opinion matter? He doesn't live there." Shows the ignorance of some people. That Officer is able to testify in court with his observations having alot of credibility in the court systems. Let the accused have their day in court. The minority (Small) segment of the population that is in an uproar was given theirs then let him have his.

Suggest removal:


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