Noise Ordinances, Restraining Orders, and Free Speech

[Hyperelastic]

So, the worst person in America, with the possible exception of the New Orleans looters, moved in next door to me (more here (http://boards.straightdope.com/sdmb/showthread.php?t=323940)). The neighborhood has Family Services and the county sheriff on her, but the wheels of justice are grinding slowly.

My family and I have to hear her screaming obscenities at her kids all day long, every day. I called the cops today, and the deputy told me that she can yell whatever she wants, as loudly as she wants, if she's in her own yard. "It's in the Constitution," he said. He also said that if the noise were coming from a stereo, they could do something, but if it's her own voice, I'm out of luck. Also, he said that since I specifically complained about the profanity, it would amount to regulating noise based on its content, which is unconstitutional.

Having been lectured by Deputy Sheriff Brandeis on the finer points of the Bill of Rights, I wonder what the truth is. Aren't noise ordinances and restraining orders allowed to prevent noise, regardless of whether it's man-made or from a speaker? I know noise ordinances cover loud parties, and in that case they don't distinguish between voices and a stereo. Also, I can just as easily complain about the yelling itself rather than the obscenities. I know a little bit about the law, and I think this deputy is engaging in bullshit hairsplitting because he doesn't want to do his job.

[RealityChuck]

Noise ordinances usuallly are based on a decibel level, and I doubt the neighbor reaches those levels.

[Big Whistle]

Enforcing a noise ordinance would not violate her First Amendment rights.

Enforcing a restriction against cursing might. Depends on what she's saying.

[picunurse]

I thought yelling obscenities at one's childern would constitute child abuse. No?

[Zabali_Clawbane]

Yelling obscenities is considered assault AFAIK. Battery would be threat displays or actual violence. Does she threaten to harm the children as she curses? Report her to CPS, emphasize you've heard her threaten to cause harm to the children if she has done so, give exact quotes. Is there some kind of Child Advocacy (http://www.nationalcasa.org/index-1.htm) group in your area? Maybe they could better advise you on how to go about getting those kids the intervention they need, so they don't have to go on being abused?

[Zabali_Clawbane]

Adding, I might also go to the superior officer of the person who lectured you, and explain that this woman not only curses, but threatens to do physical things to the children (if she does so, if not, don't of course). Explain that one of the children is autistic, and so verbal abuse is worse than blows for them. I would explain that the does lock the child out of the house, seriously endangering him due to the fact of his autism. Tell the superior that all you got was a lecture about free speech, and you didn't feel the officer understood how to deal with a situation involving child abuse. Recommend sensitivity training for that officer. Also, do report the incident to CPS, so they can file it away for their case.

[Hyperelastic]

Yelling obscenities is considered assault AFAIK. Battery would be threat displays or actual violence. Does she threaten to harm the children as she curses? Report her to CPS, emphasize you've heard her threaten to cause harm to the children if she has done so, give exact quotes.

She's done all of the above, which is why the authorities are already involved. I and my friends who live on the other side of her have recently set up recorders to get everything she says on tape (I already have an entertaining recording of her barking like a dog at me over my wall, which I sent to the detective on the case yesterday).

I guess I asked the question because of the push-back I got from the deputy who came around this time. I think he's way off base on his constitutional law, so I wanted to know what the straight dope is.

[Zabali_Clawbane]

From what I understand of it, he is way off base. You ought to let his superior officers know what he did, so they can correct him. He had "no" clue on what the appropriate response for the situation should have been, and that's scary. Is he going to say "Aw, it's just a handprint, it'll fade" if he sees a child's red behind or face too? He needs to learn how to better assess and deal with such things, so the public's safety isn't compromised.