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Tuesday, March 6, 2012

Kalu Asian Kitchen arrest renews interest in noise ordinance

Posted By on Tue, Mar 6, 2012 at 1:30 PM

After Jason Vicks, owner of Kalu Asian Kitchen on 6th Street in Uptown Charlotte, was arrested for violating the Charlotte noise ordinance on March 3, 2012, his attorney, Ken Harris, announced he is calling on the city to rescind the ordinance.

The noise ordinance, which was passed in May of 2011, limits the decibels and hours that amplified noise is allowed within the city limits. Harris did not clarify which section of the ordinance led to Vicks' arrest.

A press release sent out by Harris reads:

"I am today calling on Charlotte city officials to rescind the new noise ordinance in that the ordinance is poorly constructed and allows for the arbitrary citation and arrest of Charlotte citizens," Harris states. "The ordinance further allows for citizens to be cited based on the number of complaints rather than the amount of sound generated. Resultantly, an entity that generates outdoor sound that affects hundreds of downtown residents may avoid citation while an indoor sound emitter affecting tens of residents may be cited and arrested."

Attorney Harris goes on to say, “All citizens, black and white, should be concerned when a law can be applied in an arbitrary manner," says Harris. "In any municipality, there must be a balance between the rights of the individual and the rights of the business owner."

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