Legal ruling may allow outdoor night music again in Hayward

An ordinance that banned outdoor music late at night in Hayward has been ruled unconstitutional.

The Hayward ordinance prohibiting outdoor music after 10 p.m. was passed Sept. 26, 2007. Two days later and a few minutes after 10, police raided Molly Scheer’s club and wine bar while her band was performing outside.

Her attorney, Glenn Stoddard of Eau Claire says it’s a victory for live music.

“It’s a victory for freedom of speech and freedom of outdoor music, which is protected speech,” says Stoddard. “There's been solid legal precedence protecting music as protected speech under the First Amendment for many years but many municipalities including the city of Hayward have in the past adopted ordinances limiting outdoor music as well as in some cases indoor music.”

Stoddard says local governments can limit decibel levels but not one type of sound like music. He says the decision April 8 by the Western District Court of Wisconsin could lead to a settlement paid by Hayward for lost profit and to damage Scheer’s reputation. A trial has been set for late September.

Attorneys for Hayward and the city were not immediately available for comment.

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