Loud and lawless

Among the topics that readers write to us about, noise nuisance perhaps takes second place only to politics, and that is politics in the wider spectrum, all aspects considered. The weary, deafened public continues to bring attention to this contravention of the law in the hope that those in authority will one day take notice and put an end to it.

But even as they do, the offenders seem to be kicking it up a notch as regards playing loud music or making other deafening sounds to the discomfort of their neighbours. The law regarding noise nuisance has joined the many others that look good on paper but are rarely enforced.

Attempts by beleaguered citizens to secure their right to peaceful enjoyment of their premises has been met by lack of or desultory action by the police on the one hand and recrimination by the perpetrator on the other, to the extent that many persons who complain about noise nuisance prefer to do so anonymously.

Mala Persaud of Station Street, Kitty could not complain namelessly. She lives near to a popular bar that would often play loud music throughout the night. After making several complaints Ms Persaud was verbally abused and subsequently, a metal bar was tossed at her glass door causing it to break. Ms Persaud still did not receive any redress, but continued to complain. On June 1, 2013, Ms Persaud was doused with acid, which she believed was in retaliation for her constant complaining. She had just taken her family’s car out of the yard around 8 am, when she was approached by a man carrying a teacup who asked to purchase cigarettes. But that was just a ploy, as he quickly tossed the contents of the teacup at her face; the cap she was wearing to protect her head from the morning drizzle was the only reason it did not reach her eyes.

Ms Persaud has since faced myriad health challenges as a result of being burned. No one has ever been arrested or charged in connection with the attack.

Mr Safir Warisali, a former Imam and a resident of Independence Street, La Grange, West Bank Demerara, also could not complain anonymously. Having endured loud music from his neighbour’s premises where a wedding was being celebrated, from Thursday of last week until Sunday morning, he went and asked his neighbour to desist.

What followed was horrendous. In two separate attacks, Mr Warisali’s home was blitzed with empty beer bottles causing enormous damage to his property and cars. It was by pure happenstance that neither he, his wife nor his son was injured in the raid, said to have been carried out by drunk wedding guests.

The police are still investigating this incident and up to Tuesday had arrested two men.

What is disturbing is that Mr Warisali’s neighbour, said to be a headmaster of a secondary school on the West Demerara appeared not to have attempted to halt the attacks and also appeared not to be in control of what was taking place at his premises. He had reportedly told Mr Warisali that he too was affected by the noise, which that gentleman chose not to believe.

According to reports, the standard practice is that persons who wish to host parties or such like in residential areas have to apply to the police for a permit to play loud music beyond a certain hour. Mr Warisali’s neighbour no doubt had applied for and obtained such permission. It is unconscionable, however, to play loud music way into the night for four nights in a row. Such permission ought not to have been granted; ought not to have been applied for by someone who wants to be considered a neighbour.

What Mr Warisali’s experience demonstrates is that while noise nuisance is a huge issue, a much greater problem is the utter lawlessness that surrounds it and upon which it thrives. People seem determined to do whatever, whenever and wherever and somehow believe that they are thus entitled. It is law enforcement that has to correct this attitude, this deviation from societal norms of decency and fairness and it must do so by applying the law without fear or favour.

There is no point in mouthing platitudes about noise nuisance laws being enforced, as Minister of Home Affairs Clement Rohee is wont to do, when the issue is clearly out of hand.

A case in point is the mobile compact disk (CD) vendors that walk through the streets blaring music as they attempt to entice the public to purchase their wares. They are extremely loud and their music often lewd and raucous. They create a noise nuisance which is against the law. Rather than stop the first cart that appeared, the police allowed it to burgeon into an industry, which has now become difficult to control. Played on the street, the loud music from these carts, apart from promoting deafness, drowns out car horns and sirens posing a further danger to road users. Loud and lawless noise must be addressed and quickly before it degenerates into a complete breakdown in society.