Saloon, Char suit vs. town dismissed
by Anna Oakes
A U.S. District Court judge has dismissed a lawsuit by two restaurants against Boone regarding its 2012 noise ordinance changes, finding the plaintiffs' claims to be without merit.
In February 2012, the Boone Town Council voted 3-2 to adopt decibel limits for sound measured 10 feet from live music venues, with lower limits at late night hours.
Attorneys for Boone Saloon and Char sued the town after the noise ordinance was enacted last year, claiming that Boone violated their clients' free speech rights, that the ordinance was discriminatory, that the town violated due process rights and that the ordinance denied their clients the same use of their property they had had for eight years.
Town Attorney Sam Furgiuele informed the Boone Town Council on Tuesday that Judge Richard L. Voorhees dismissed the case on March 31.
He said the judge examined each of the plaintiffs' contentions and "found they were without merit."
Furgiuele said the case could be appealed to the U.S. Fourth Circuit Court of Appeals, but that most of the case law cited by the judge in dismissing the case came from Fourth Circuit decisions.
Furgiuele said the council would discuss the case further in closed session Thursday to make decisions about the costs the town incurred in the case.
Boone Saloon co-owner Skip Sinanian said, "The outcome was disappointing, but we will respect it."
To read the full text of the judge's order to dismiss the case, click on the link at the right of this article.