After Hours Dancing

I've been shooting emails back and forth to Russ Martin @ 105.3 and have made him very aware of the after hours threat. He is on a mad crusade against Laura Miller and has added this issue to his list.

If anyone has the pull to get a recall election, he is the one.

Listen 3p-7p weekdays to hear more.




M

[c double]

Great work Mike!

it's a little absurd to think the mayor could be recalled for looking at different options to curb the crime problem.. and it appears the afterhours dance ban initiative has fizzled anyway, at least for now Getting radio involved however is a great idea i hadnt thought of as I am sure stations like 102.1, 100.3, and especially 106.7 that do live dance broadcasts or play dance (or any other music that has a beat) have an interest in keeping dancing legal. Even some of the small-government conservative talk radio guys on AM might oppose the unconstitutional proposal.

[Cock Puncher]

hahaha russ martin, he's great

Originally posted by c double
Great work Mike!

it's a little absurd to think the mayor could be recalled for looking at different options to curb the crime problem.. and it appears the afterhours dance ban initiative has fizzled anyway, at least for now Getting radio involved however is a great idea i hadnt thought of as I am sure stations like 102.1, 100.3, and especially 106.7 that do live dance broadcasts or play dance (or any other music that has a beat) have an interest in keeping dancing legal. Even some of the small-government conservative talk radio guys on AM might oppose the unconstitutional proposal.

Why would a ban on after hours dancing be unconstitutional?

[Adam D]

Hell if I know.

Originally posted by Adam D
Hell if I know.

apparently c double does

[c double]

ever heard of the first amendment? freedom of expression?

dancing is a form of communication older than speech or written language. it's hard to debate that dancing should be protected under the first amendment.

[Adam D]

Yes, but if you look through the Supreme Court's history, you will find that all of the elements of the First Amendment have been deemed capable of regulation of time, place and manner.

[c double]

Agreed, and I haven't been to law school to really know where the line falls. Obviously it's a matter of speculation whether high level courts would approve of this ban, but I think there's a good case for a first amendment violation.

Originally posted by c double
Agreed, and I haven't been to law school to really know where the line falls. Obviously it's a matter of speculation whether high level courts would approve of this ban, but I think there's a good case for a first amendment violation.

That is simply wrong - there is no constitutional impediment to banning late night dancing.

As Adam noted, 1st Amendment protections to free speech can be regulated as to time, place and manner as long as they are content neutral.

Dancing is expression and protected under the first amendment - in an interesting case SCOTUS protected nude dancing as a form of expression - but required the dancers to wear pasties to protect the public health - go figure - apparently exposed genitals present no issue but exposed nipples do - "crazy crazy world - somebody ought to sell tickets"

However, limits to the excercise of this right exist. A late night ban would be well within the limitations.

[hepkatmama]

Originally posted by xiannaix
Why would a ban on after hours dancing be unconstitutional?

right to free assembly

this is the constitutional right that was called upon to end the demonization of jazz clubs & rock venues and we will use it ourselves.

as soon as we raise the money for a team of lawyers.

[Adam D]

I'd like to be able to say it is a violation of the 1st amendment, but as I noted above, the government does have the right to regulate the time, place, and manner. The general example to this is how you cannot yell fire in a crowded movie theater.

Perhaps you could contact the ACLU both the Texas chapter (I don't know much about the structure of the ACLU, they may have a Dallas Chapter) or try to find one of the ACLU chapters at one of the local universities to discuss it with and see what their outlook on this is, as they would be more knowledgeable on this subject than I.

As a matter of opinion I think you're going to waste time and money on this issue. Generally the regulation of rights comes at a question of public health or public safety, in this case the latter. I think the city could make a winnable argument about public safety in a court, maybe even get a justification to roll back hours from the court. That would put us in a more precarious position we already are in.

[c double]

i think in a lot of those situations the regulation of free speech was more directly related to health and safety. In this situation, it's questionable whether banning dancing would effect crime at all.

[c double]

Originally posted by hepkatmama
right to free assembly

this is the constitutional right that was called upon to end the demonization of jazz clubs & rock venues and we will use it ourselves.

as soon as we raise the money for a team of lawyers.

The city would have to implement the policy before action like this could occur, and this hasn't happened yet....

unless of course you want to remove the 4am dance ceiling which would be interesting..

Originally posted by hepkatmama
right to free assembly

this is the constitutional right that was called upon to end the demonization of jazz clubs & rock venues and we will use it ourselves.

as soon as we raise the money for a team of lawyers.

good call

dont know how many of you were in the scene or even heard about it.

the first anti-rave law was tried in florida in 1997, we used the right to assemble to beat it.

if you are over 18 years old, are not doing anything illegal, you have the right to assemble.period.


now there are ways for the government to get around it.

san frans no repetitive beat music law, etc.

but for the record, the right to assemble does not have a time,place or amount of people.

meaning 50 people or 50,000 people

since adults have no curfew.

and since no one is doing anything illegal.


for help i would suggest talking to san frans late night colalition(sp)