City will withdraw law that lets police impound vehicles

The city that adopted Florida's harshest punishments for booming car stereos is now backing down.

Attorneys representing Sarasota have agreed to pay a $50,000 settlement to the American Civil Liberties Union and withdraw a local law that gave police the authority to impound noisy cars.

"I was very confident that we were going to win because the law is just written so poorly," said Mark Cannon, 48, whose 2002 Cadillac was one of 14 cars impounded before city officials suspended the law last summer.

Now Cannon, who paid a $300 impound fee in November 2008, stands to get money back as he and another plaintiff, Latrese Allen, split the settlement with the ACLU.

Sarasota paralegal Michael Barfield worked on the case on behalf of the ACLU. He called the settlement "a great decision, but one that could have come two years and $50,000 sooner."

The impound law was adopted by city commissioners in 2008 on a split vote. It coincided with a tightening of state laws governing loud car stereos.

State law says drivers can be cited for stereos that are "plainly audible" from 25 feet away. In Sarasota, the fine is $116.

Sarasota police say they only impounded the cars of flagrant violators, meaning the music was "plainly audible" from 100 feet or more.

Those who objected to the impound law -- including City Commissioner Fredd Atkins and Mayor Kelly Kirschner -- said it was too harsh.

Cannon, who lived in the city's Newtown neighborhood in 2008, said he was repeatedly pulled over and warned or cited.

His car was impounded in a traffic stop at 21st Street and Dixie Avenue.

Cannon was in his Cadillac singing along with rapper Ice Cube's "Raw Footage" CD when an officer pulled him over. The officer's report said the stereo was so loud he could not hear his police radio.

"That was so untrue," said Cannon, who believes he was being targeted for three reasons: "White guy, nice car, Newtown."

The settlement has already been accepted by a federal judge, but it will not be finalized unless city commissioners approve it.

Even if the police are no longer empowered to impound cars, they say they will continue to enforce the state law.

City Attorney Bob Fournier said the settlement makes sense because a St. Petersburg noise case is now before the Second District Court of Appeal. The court's ruling on that case will play a big role in how Sarasota approaches noise laws in the future, Fournier said.

Though the settlement is for $50,000, that money will come from the city's insurer, Fournier said. The city did pay $25,000 to the law firm that handled the case.

(Published by Herald-Tribune - July 29, 2010)