North Myrtle Beach noise rule for vulgar music ‘violates the First Amendment,’ ACLU says

The American Civil Liberties Union said the North Myrtle Beach rule that targets the noise level of “obscene” and “vulgar” lyrics played within the city is unconstitutional.

Allen Chaney, who is the director of legal advocacy with the group, said in an Oct. 7 letter addressed to council members it is in the city’s “best interest” to throw out the law.

“I am aware of your desire to retain North Myrtle Beach’s reputation as a ‘family beach,’ but you cannot use unconstitutional means to achieve that end,” Chaney wrote in the letter. “Please consider rejecting this new law.”

On Monday, council approved the ordinance that states the decibel level can’t exceed 30 from 7:01 a.m. to 10:59 p.m. when playing “vulgar” music and 50 decibels from 11 p.m. to 7 a.m. as measured from the property’s boundary line.

The city decided to amend the noise section of the city’s Code of Ordinances after receiving multiple complaints about a business playing music that some people believe is inappropriate.

According to emails received by Mayor Marilyn Hatley, which the city sent to The Sun News, the Sky Bar in downtown North Myrtle Beach has been the subject of these complaints.

During Monday’s meeting, Hatley said that if people want to listen to vulgar music, they should do it in an enclosed area and not outdoors where families can hear.

“We have always been proud of the fact we are a family beach,” she said. “We don’t want to lose that charm, and we want families to be able to come and enjoy themselves.”

The nonprofit said the ordinance also criminalizes various types of protected speech, calling their argument “meritless.”

“The Supreme Court has long held that simple profanity or vulgarity—not rising to the level of ‘fighting words’ or obscenity — is constitutionally protected speech,” the letter stated.

The nonprofit added that the city’s decibel limits are “unreasonable,” saying that 30 decibels is equivalent to a quiet rural area or a whisper.

“Everyone is entitled to their opinion,” said Pat Dowling, a city spokesman.

The ordinance also states that it is illegal to play any music from 7:01 a.m. to 10:59 p.m at a decibel level more than 80 and from 11 p.m. to 7 a.m. at a level higher than 60 decibels.

This story was originally published October 8, 2021 at 5:57 PM.