Cheers to pending Bradenton noise ordinance; jeers to lawmakers who aim to change Stand Your Ground burden of proof

A likely win for economic development

Bradenton’s business-friendly environment is about to get friendlier. The City Council will take up a revamped noise ordinance at two public hearings on March 8 and March 22. Passage looks certain, though some neighbors to nightclubs and other entertainment operations will be unhappy.

The proposal lifts the decibel limit from 65 to 80 — with no time restrictions, a departure from the daily 10 p.m. time constraint in the current ordinance. Just as important is the switch from gauging noise readings with a decibel meter from the property of the business to the property of the complainant. That means even higher noise levels could be produced since decibel levels fall by 6 for every 50 feet on average, one city official told the council.

This must be a sweet victory for Motorworks Brewing on the eastern outskirts of the Village of the Arts. Since opening in 2014, the business has been struggling with the noise restrictions. Bands playing from the stage at its outdoor beer and recreation garden have drawn dozens and dozens of complaints to the police from neighbors.

The co-founders and owners of Motorworks, Frank and Denise Tschida, once threatened to move their highly popular business to Hillsborough County. That drew consternation from the business community and concern from the city over not just the loss of one business, but the wider perception that Bradenton is hostile to loud nightlife and other clubs would avoid opening here.

Bradenton cannot afford that kind of reputation. The Manatee Chamber of Commerce and the business community rallied behind the Tschidas. That broad show of support should pay off soon.

Props to all the supporters of this cause and the city for the positive response.

Stand Your Ground turned upside down

The Gunshine State could take a stand that turns a current law upside down. NRA-backed legislation to transfer the burden of proof in Stand Your Ground cases from the criminal defendants to state prosecutors is hurtling toward approval.

The two Senate committees assigned to debate SB 128 quickly passed the measure, which now moves to the chamber floor. The House, which rejected the proposal last year in a deadlocked vote, is on a path to follow the Senate with only one more committee hearing left on HB 245. These identical bills could become the first to reach chamber floors in the 2017 session.

Conservative Republicans driving the legislation ignored the fervent opposition from state prosecutors and others. Defense attorneys, of course, embrace this legislation since they would no longer have to prove that their clients deserve immunity at a pretrial hearing. Instead, prosecutors would have to prove beyond a reasonable doubt that a criminal defendant does not merit immunity under Stand Your Ground, which allows the use of deadly force in self-defense with no obligation to retreat.

Public defenders and the gun lobby argue the current standard is unjust and runs counter to legislative intent when Stand Your Group was enacted a dozen years ago. How could that possibly be? Did lawmakers not know what they were approving back then? That legislation clearly put the burden of proof on the defendant. If they intended otherwise, wouldn’t they have passed a different measure? Where was the gun lobby then?

The Florida Supreme Court upheld the current standard in 2015. Apparently, the justices got it wrong, too. They should have divined legislative intent as the gun lobby has today.

This is monumentally terrible legislation that should be killed. Major jeers to the lawmakers supporting this injustice, which could allow people to get away with murder.

Quote of the Week

“We certainly encourage students to take college coursework if they so desire. It’s a financial advantage and it helps stretch their academics.” — Cynthia Saunders, deputy superintendent of the Manatee County School District, commenting on the rise in the number of students receiving college credit through advanced placement classes. Some 50 percent of the district’s 3,495 students who took AP classes in 2015-16 earned a 3, 4 or 5 on the exam, which makes them eligible for college credit.

This story was originally published February 24, 2017 at 12:03 PM with the headline "Cheers to pending Bradenton noise ordinance; jeers to lawmakers who aim to change Stand Your Ground burden of proof."