Well, it’s over. The “reasonable person” is dead. Or is it?

The U.S. Supreme Court denied the request for a writ of certiorari by the City of Virginia Beach to review the Virginia Supreme Court’s decision overturning the City’s noise ordinance in Tanner v. City of Virginia Beach, 277 Va. 432, 674 S.E.2d 848 (2009). The Daily Press article on the writ denial is here, and the Virginia Lawyer’s Weekly article on the same topic is here.

Unfortunately, the U.S. Supreme Court did not ride to the aid of Virginia Beach, Virginia localities and others dealing with the aftermath of Tanner.