In what can only be the invocation of the Orwellian maxim that "all animals are equal but some animals are more equal than others," Minister of National Security Col. Trevor McMillan, has unilaterally decided to relax the tenets of the Noise Abatement Act as it relates to Reggae Sumfest. In so doing Col. McMillan has only succeeded in further undermining the efforts of the Commissioner of Police Hardley Lewin who had adopted a zero tolerance approach to breaches of the Noise Abatement Act with increasing success. However, after the promoters of Reggae Sumfest threatened to cancel the show if the law was not relaxed for them, the Government of Jamaica capitulated and issued instructions through the Commissioner of Police that the Sumfest event can now be held beyond the stipulated shut-off time of midnight on Thursday and 2am on the weekend. Therefore in one fell swoop the Noise Abatement Law has been rendered meaningless by a regime that claims to be reengineering laws and processes to combat spiraling criminal activity.
However, this is not the first time that this particular issue has been raised and the State continues to operate in a manner which is ultra vires. In fact it is instructive to note that the Commissioner stated on March 28, 2008 that “The matter of night noise is distressing not to just me personally, but to those people who have to suffer underneath it and we have to put a stop to it." However a scant six weeks after that, the police reportedly gave their consent to Summerfest Productions promoters of Reggae Sumfest for the reggae festival to go beyond the prescribed 2 am cutoff point for outdoor music activity which had received the requisite permits from the Jamaica Constabulary Force and in keeping with the tenets of the Noise Abatement Act. On July 4, 2008 the Ministry of National Security also gave their stamp of approval to this blatant breach of the law.
Indeed according to Robert Russell Chairman of Summerfest Promotions, the July 13 – 19 event has been afforded special privileges by being designated a “national festival.” Needless to say, the designation of “national festival” or any special privileges that accord to such a designation is not found in the Noise Abatement Act. In fact according to the Gleaner, Russell states “We have been designated a national festival. That consideration is because of the number of foreign visitors we attract. That is about 5,000 visitors and US$5 million in revenue. So we have been afforded the privilege of going later than 2 am. We will close the festival at the normal times,” he said. However, it is well known that the normal times for the closing of such festivals are usually around 7 or 8 am.
Further, if this designation is valid is it available to Sting, East Fest, Heineken Startime and the countless other large music festivals that occur in Jamaica from time to time? Further if the law is to be selectively interpreted on the basis of the quantum of persons attending and potential revenue flows, then why not similar consideration for all and sundry. In other words, in granting this music festival exemption from the law, the Minister, the Commissioner and their respective teams have succeeded in completely undermining the tenets of the Noise Abatement Act, dashing the hopes, dreams and confidence being reposed in them regarding the enforcement of the Noise Abatement Act by a victimized populace and has also heralded an era of arbitrary law enforcement and governance which has no place in a modern democracy.
In other jurisdictions notably London in the United Kingdom and Atlanta in the USA, the cutoff time for outdoor concerts is 11 pm and in fact a similar cutoff time also affects the popular Radio City Musical Hall in New York. Interestingly, venues such as Hyde Park in London routinely accommodate crowds of 50-thousand persons and more but rigidly adhere to the 11 pm stipulation. In Jamaica, the law is far more liberal with allowances being afforded up to 2 am on weekends, however the Minister of National Security, the Commissioner of the Police and their teams have basically disregarded even the more liberal Jamaican law because according to Reggae Sumfest “we have been designated a national festival,” and will allow this concert to go on until it comes to a natural end. Whereas Reggae Sumfest is occurring in Montego Bay, the lessons emanating from this new State posture has national implications. Hence for the people of New Kingston and surrounding areas, they must continue to endure in dignified silence while being buffeted every weekend by Noise Pollution emanating from many nearby sources while the Minister of National Security and the Commissioner apparently continue to pander to the errant behaviour of a connected few.
However, this is not the first time that this particular issue has been raised and the State continues to operate in a manner which is ultra vires. In fact it is instructive to note that the Commissioner stated on March 28, 2008 that “The matter of night noise is distressing not to just me personally, but to those people who have to suffer underneath it and we have to put a stop to it." However a scant six weeks after that, the police reportedly gave their consent to Summerfest Productions promoters of Reggae Sumfest for the reggae festival to go beyond the prescribed 2 am cutoff point for outdoor music activity which had received the requisite permits from the Jamaica Constabulary Force and in keeping with the tenets of the Noise Abatement Act. On July 4, 2008 the Ministry of National Security also gave their stamp of approval to this blatant breach of the law.
Indeed according to Robert Russell Chairman of Summerfest Promotions, the July 13 – 19 event has been afforded special privileges by being designated a “national festival.” Needless to say, the designation of “national festival” or any special privileges that accord to such a designation is not found in the Noise Abatement Act. In fact according to the Gleaner, Russell states “We have been designated a national festival. That consideration is because of the number of foreign visitors we attract. That is about 5,000 visitors and US$5 million in revenue. So we have been afforded the privilege of going later than 2 am. We will close the festival at the normal times,” he said. However, it is well known that the normal times for the closing of such festivals are usually around 7 or 8 am.
Further, if this designation is valid is it available to Sting, East Fest, Heineken Startime and the countless other large music festivals that occur in Jamaica from time to time? Further if the law is to be selectively interpreted on the basis of the quantum of persons attending and potential revenue flows, then why not similar consideration for all and sundry. In other words, in granting this music festival exemption from the law, the Minister, the Commissioner and their respective teams have succeeded in completely undermining the tenets of the Noise Abatement Act, dashing the hopes, dreams and confidence being reposed in them regarding the enforcement of the Noise Abatement Act by a victimized populace and has also heralded an era of arbitrary law enforcement and governance which has no place in a modern democracy.
In other jurisdictions notably London in the United Kingdom and Atlanta in the USA, the cutoff time for outdoor concerts is 11 pm and in fact a similar cutoff time also affects the popular Radio City Musical Hall in New York. Interestingly, venues such as Hyde Park in London routinely accommodate crowds of 50-thousand persons and more but rigidly adhere to the 11 pm stipulation. In Jamaica, the law is far more liberal with allowances being afforded up to 2 am on weekends, however the Minister of National Security, the Commissioner of the Police and their teams have basically disregarded even the more liberal Jamaican law because according to Reggae Sumfest “we have been designated a national festival,” and will allow this concert to go on until it comes to a natural end. Whereas Reggae Sumfest is occurring in Montego Bay, the lessons emanating from this new State posture has national implications. Hence for the people of New Kingston and surrounding areas, they must continue to endure in dignified silence while being buffeted every weekend by Noise Pollution emanating from many nearby sources while the Minister of National Security and the Commissioner apparently continue to pander to the errant behaviour of a connected few.
1 comment:
Well put, but probably to no avail. I'm tempted to give up. There is no respect for the rule of law in this country. I've always wondered where this bizarre idea comes from the good music cannot be made before midnight. It is all a matter of goodwill and respect for others.
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