Noise ordinance silencing live music at Starvin Marvin's 'unconstitutional,' judge rules

David Yates May 9, 2011, 8:00am

A local judge recently declared a city of Beaumont noise ordinance aimed at silencing live music at Starvin Marvin's Bar and Grill "void and unconstitutional."

Judge Donald Floyd, 172nd District Court, granted restaurant owner Marvin Atwood's temporary injunction request on Thursday, May 5.

Atwood filed suit against the city of Beaumont on March 21 in Jefferson County District Court, seeking a permanent injunction against a new noise ordinance which would stop the bar from hosting live music on its patio.

A temporary injunction hearing began April 26 and lasted four days. A week later, Judge Floyd wrote in his ruling that ordinance was "void and unconstitutional."

Judge Floyd's ruling allows Starvin Marvin's to continue hosting live music on its patio while the litigation process continues.

During the hearing, Atwood's attorney, David Bernsen, contended the amended noise ordinance wrongfully impacted a separate zoning law and violated his client's constitutional property rights.

He argued the city illegally "changed the rules of engagement" by amending the noise ordinance to overrule the zoning law protecting Atwood's live music establishment.

City Attorney Tyrone Cooper represents the city of Beaumont.

Case No. E189-628

More News