Another Small Community’s Music Ordinance Ruled Unconstitutional

Another ordinance that curtailed live music in a small town has been ruled unconstitutional by a federal court judge. Now, the court is considering what damages to award to the club owner.

Last week a judge awarded a Hayward nightclub operator $628,000 after overturning a music ordinance that stopped live music at that night club after 10 p.m. Now, a Cabaret Ordinance and a noise ordinance in the Douglas County Village of Lake Nebagamon has been struck down because it specifically targeted music and not noise levels. Last month, U.S. District Court Judge Stephen Crocker struck down both ordinances saying they violated the First Amendment.

Glenn Stoddard is the attorney for John Graves, the owner of the Waterfront Bar and Grill there. He says Lake Nebagamon singled out live music, “But largely they were focused on my client’s business. It’s unfortunate that they adopted ordinances that were, in effect, targeting his business and making it difficult for him to host musical events.”

As with last week’s damages awarded in Hayward, Stoddard hopes these cases send a message, “As the word gets out to other villages and communities that may want to try to do this, this is a signal that they should move cautiously and make sure that if they’re going to regulate, they do it for legitimate reasons and that they have ordinances that meet Constitutional muster.”

Lake Nebagamon officials had contended that their ordinances were administered fairly to all businesses.