How Can I Stop Protesters in My Neighborhood?
Full Question:
Answer:
You may need to show a contractual right for the use of the property if the property is owned by another entity. The answer will depend in part on whether the property is privately or publicly owned. Government entities may make reasonable content-neutral restrictions on the time, place, and manner of a speech or assemblage, even in a traditional public forum. This action directly affects the rights of assembly, since a government entity may restrict the time and place where an assembly may take place, as well as the manner in which the assembly occurs. The restrictions must be reasonable and narrowly tailored to meet a significant government purpose. The government entity must also leave open ample channels for interested parties that wish to communicate.
In legal terminology, a nuisance is a substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and must be a result of defendant's activity. Nuisances can include noxious smells, noise, burning, misdirection of water onto other property, illegal gambling, unauthorized collections of rusting autos, indecent signs and pictures on businesses and many other activities.
If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to stop or limit the activity (such as closing down an activity in the evening).
Loitering is primarily governed by statute and local ordinances. I suggesting contacting the local city law department to inquire about applicable ordinances. Many states, cities and towns there are statutes or ordinances against loitering which aim to control aggressive begging, soliciting prostitution, drug dealing, blocking entries to stores, public drunkenness or being a public nuisance. Under such laws, the police can arrest someone who refuses to "move along." These laws are sometimes the subject of controversy by critics who claim they are used to target disfavored groups in violation of their constitutional rights.
There are various strategies for dealing with noisy people. Some of these include:
-Discussing the problem with or writing a letter to the offending protesters
-Calling the police/sheriff's office to file a complaint
-Asking the landlord or neighborhood body to remedy the situation
-Filing a lawsuit for breach of warranty of habitability, peaceful enjoyment, infliction of emotional distress, nuisance, harassment, etc.
-Talk to a councilperson about passing an ordinance
Depending on the bylaws of a housing association, permission for non-residents to occupy the property may be restricted. I suggest contacting city hall or the police department to determine if a local nuisance or other ordinance has been passed.