Judge Denies InjunctionFederal Judge Larry McKinney ruled in favor of Speedway Ordinance 1062 regulating apartments with nuisance provisions.“It is an important step in the right direction that an experienced federal judge upheld the ordinances,” said Barnes & Thornburg Attorney Mark Crandel. Crandel argued the case for the town. Judge McKinney denied the plaintiffs’, Sheri Peoples, Flaherty and Collins Inc. and Indiana Apartment Associations, Runaway Bay LLC injunction to block Speedway’s ordinance 1057 and 1062. The ordinances were tested on the constitutionality that it violated free speech. Peoples claimed her freedom of speech was violated because the ordinance did not define a specific decibel amount that would be considered harmful or a nuisance. She no longer knew how to function if she hosted an outdoor barbeque, or played music in her home or outside because the ordinance is too broad about regulating noise. The other argument claimed the landlord was “impaired” to engage in leasing contracts because of the eviction clause. The nuisance ordinance has an eviction clause that landlords must adhere too. The petitioners complained the ordinance was vague, causing eviction to start based on notice issued by the town or police that a tenant investigation is underway. The plaintiffs claimed a wrongful eviction would expose them to liability issues. The plaintiffs also noted that their only recourse was to appeal to the town council which was relying on the police information. The court disagreed that the council had to rule based on police information. The court stated the town council would make its ruling on evidence-based information. The fight us not over, the fees for Ordinance 1057are still being challenged saying that the town is violating the home rule law because it is not a user fee. |
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