On The Front Lines
Rutherford Institute Urges Charlottesville City Council to Protect Vibrant Arts Community, Cautions Against Chilling Expressive Activity
CHARLOTTESVILLE, Va.-- Calling on the Charlottesville City Council to protect free expression and the city's vibrant arts community, John W. Whitehead, president of The Rutherford Institute, is cautioning city officials against enacting any zoning plan that would unduly restrict or chill the ability of local musicians and business owners to exercise their First Amendment rights. The Institute was prompted to weigh in on the local zoning debate after being contacted by several local musicians and area businesses who are concerned that the City Planning Commission's efforts to amend the city's zoning code as it relates to businesses offering live music could result in restrictions on expressive First Amendment activity, as well as costly permit fees.
A copy of the Institute's letter to the City Council is available here.
"It would be a sad reflection on the Charlottesville community, which prides itself on artistic expression and on having a thriving music scene, if a solution to complaints about noise in the downtown area were to come at the expense of vital First Amendment freedoms," said John W. Whitehead, President of the Rutherford Institute. "When considering zoning matters that impact the constitutional rights of area residents, it is important to remember that while local governments enjoy broad power to zone and control land use, this power is not infinite and unchallengeable. It must be exercised within constitutional limits."
Reportedly in response to complaints from residents of the Belmont neighborhood over excessive noise from area restaurants, a matrix was developed listing all existing restaurants in Charlottesville and denoting which ones offer live music in particular. After it was determined that some of those restaurants lacked a permit for offering live music, the Charlottesville City Council directed the Planning Commission to review how the city defines "music halls" in its zoning code and whether such a definition should be amended. Under the City's present zoning definitions, "Restaurant" is defined as a place of business wherein foods or beverages are provided for human consumption. A restaurant can have live music "such as the playing of a piano or other non-amplified music." On the other hand, "Music hall" is defined as a business where concerts are provided, which charges admission. Foods or beverages may be purchased at music halls "incidentally."
However, as Whitehead points out in his letter to the City Council, "while there may be times when restaurants offering live music may temporarily fall out of the technical definition of 'Restaurant,' even then they do not meet the definition of 'Music hall,' and it would be inappropriate and costly to require them to apply for a special use permit to offer live music or to consider them in violation of the zoning ordinances on the basis that they are offering live music in a district where music halls are not permitted."
In an effort to guard against any possible constitutional violations, The Rutherford Institute has offered to make itself available to the City Council and Planning Commission as a resource on how best to balance the First Amendment rights of musicians and business owners with the noise concerns of affected area residents.
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