Judge: Cape Girardeau can't enforce noise ordinance

A federal judge issued a permanent injunction Monday prohibiting the city of Cape Girardeau from enforcing its noise ordinance after a motorist in 2013 filed suit for being ticketed for yelling at a police officer.

The American Civil Liberties Union filed a lawsuit on the motorist's behalf in September 2014 challenging the constitutionality of the noise ordinance.

U.S. District Judge Carol Jackson of the Easter District of Missouri issued her ruling Monday, saying the ordinance was an unconstitutional restriction of free speech allowed in the First Amendment.

The case stemmed from a traffic stop Aug. 30, 2013. David Clary of St. Louis was pulled over in his pickup truck and cited by Cape Girardeau police officer Matthew Peters for making an illegal right turn from Clark Street onto Broadway.

Court records show Clary was arrested for insulting the officer several times over his displeasure at being issued a traffic ticket. Clary continued to use profanity as the officer walked away, the lawsuit stated. The officer warned Clary he would be arrested for "prohibited acts" if he could be heard over 50 feet away. The motorist then was arrested after again cursing at the officer, the lawsuit stated.

Clary was charged with a violating city code 17-157 that prohibits "yelling, shouting, hooting, whistling or singing on any public street, particularly between the hours of 11 p.m. and 6 a.m., or at anytime or place so as to annoy, disturb the quiet, comfort or repose of any persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity." The traffic citation was issued about 10:45 a.m.

Clary was detained for about an hour on the noise-violation charge, according to the lawsuit.

Jackson ordered the city in her injunction to stop enforcement or threatening to enforce the noise law.