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Jim Kanalley's avatar

I’m not sure about the details of the Texas law, but wouldn’t it be similar to a noise ordinance? Unless its aim is prohibit expression, worship, etc. no matter the location after 10pm, it’s unreasonable that an ordinance is put in place to preserve the peace of the night in public spaces. I’m in a band and we regularly have our sets ended at 11pm due to noise ordinances when its an outdoor gig. For indoor gigs we have much more leeway to play later into the night, which normally (in NY) isn’t much later than 2am (when legally the alcohol cannot continue being sold). But even still, if the venue is in a residential neighborhood its not totally uncommon to have the police called for volume. It rarely results in any citations but there are prohibitions of noise level that can be cited after repeated warnings which would reasonably fall under “public disturbance” even when the noise is originating in a private location. So unless Texas is aiming to stifle any and every level of expression beyond 10pm then I don’t see how its much more than a simple noise ordinance meant to keep the peace. One the very few instances where there’s an arguably reasonable guardrail on the First.

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