K/S, Attorneys at Law
("K/S") recently received a decision from the Court of Appeals
finding the Delray Noise Ordinance unconstitutional. K/S was retained by local establishment,
Paddy McGees, a renowned restaurant and bar located on the Delray Downtown
entertainment district on Atlantic Ave to file an appeal on their behalf to
contest several violations assessed against the restaurant/bar pursuant to the
Delray City Noise Ordinance §99.04(a)(1).
An appeal was filed to contest several defaults entered into against Paddy
McGees for several noise violations spanning over multiple dates decided by the
City Hearing Officer.
Ms. Tina El Fadel, Esquire of K/S
law firm filed an appeal on Paddy McGees behalf citing law and precedent
challenging the validity and constitutionality of the ordinance. The Appellate Court found in favor of Paddy
McGees in agreement with the arguments proffered by Attorney El Fadel. Summarily, the Court of Appeals opinion
states that the language under the ordinance defining what constitutes
"noise" fails to properly pass the "person of ordinary
intelligence" test as to what type of behavior is prohibitive under the
ordinance. The ordinance is therefore
vague on its face. The concurring
opinion further elaborates on the additional arguments made by Attorney El
Fadel, stating that the ordinance violates constitutional protections afforded
under State and Federal law, as a content-based restriction on free expression.
The opinion calls for a redraft of the ordinance.
This is a major victory for all
businesses located on the Atlantic Avenue entertainment district who have
received violations under this ordinance on countless occasions over the past
several years.
K/S Law is a civil litigation
firm that concentrates on several areas of law.
K/S Law accident attorneys handle a multitude of claims arising from
auto accidents, slip and fall, dog bites, cruise ship injuries, and products liability.
K/S Law also offers legal services for appeals, corporate litigation, business
litigation and transaction, contract drafting, business formation, partnership
and shareholder agreements; as well as, foreclosure defense, family law, and
traffic and criminal defense. Its
attorneys are licensed in multiple states, circuits, and its managing partner,
Mr. Daniel Shamy, is licensed to argue before the Supreme Court of the United
States. K/S Law is a family run law firm with its main office located at the
Sanctuary Centre, 4800 North Federal Highway, Suite 100-A, Boca Raton, Florida.
Call now for your free
consultation, with no obligation, to learn more about how K/S Law can assist
you or a loved one today! You can
contact the firm during normal business hours by calling (561) 939-8042 for
Palm Beach County and (954) 956-7676 for Broward County, or you can submit an
inquiry and learn more about the firm by visiting its website, www.ks-law.com
for general practice matters, www.kscorporatelaw.com for business matters, and
www.stopforeclosuresouthflorida.net for foreclosure defense.
