Some M of ACLU short sight to understand the "diff" between civil liberties and criminal intent

"I would say if a guy has his radio on a little too loud, he is not a
hardened criminal," he said.

Gurlnick is not the only attorney who questions the proposed changes.

Peter Tannen, chairman of the Sarasota, Manatee and DeSoto branch of the
American Civil Liberties Union, said allowing police to impound a vehicle if the stereo is too loud raises concerns.

"If they want to impound a car from a drug dealer that is one thing, but if
they want to impound it from someone for having a stereo too loud that is
another thing," Tannen said.

Under current law, police can issue a noise citation if a car stereo can be
heard from 25 feet away or more.

Sarasota lawyer David Haenel said he is worried about how that will be
enforced under the proposed ordinance.

"Someone can listen to their music while they're washing their car at the
car wash," Haenel said. "And when they drive off, suddenly a $6 car wash
turns into a $506 car wash."

City Commissioner Fredd Atkins said the measure was "overdoing it" and cast
the lone vote against the proposal.

Other commissioners embraced the proposal.

Commissioner Ken Shelin said he understands how disruptive loud vehicles can be.

"There is one loud motorcycle in particular, the driver heads down the
bayfront at 6 a.m. every weekend," he said.

Vice Mayor Kelly Kirschner said he thinks the measure is heavy-handed, but
if there were "safeguards" he would consider it.

Sarasota Police Chief Peter Abbott dismissed any notion that the measure is
intended to raise money for the city, pointing out that it is against the
law to enact an ordinance just to collect revenue.

He said expanding his department's ability to impound cars would address
"quality of life" issues -- such as noise pollution -- that residents
complain about citywide.

Article published Mar 18, 2008

Aiming to tow more cars for minor offenses

SARASOTA Driving with your car stereo too loud here can already get you a
ticket. If Sarasota police have their way it could also get your car
impounded and cost you at least $500 to get it back.

Sarasota police want the authority to tow away drivers' cars if they are
caught playing the stereo too loud, driving with a suspended license or
leaving the scene of a minor crash -- all misdemeanor charges.

Sarasota police Lt. Steve Breakstone said towing a car and charging the
owner a $500 fine to pick it up is an effective crime-fighting tool that
will make people think twice about breaking the law again.

"There are certain people in the community who don't care how many times
police arrest them or issue a citation," Breakstone said. "But they care if
you impound their car."

On Monday the City Commission voted to work on an ordinance establishing the new criteria for towing.

Currently, the department impounds only the cars of people involved in
felony drug cases or those suspected of soliciting prostitution. Cars that
are impounded can be picked up after paying a $500 fine and various fees.

The cost increases over time if the owners do not pick up their cars.

Last fiscal year the Police Department impounded 184 vehicles, meaning
owners paid more than $90,000 in fines.

This year, in the month of January alone police impounded 29 cars -- 17
involved in drug cases and 12 as part of the department's prostitution
enforcement.

Those numbers are sure to go up if police start impounding cars for minor
offenses, including playing the stereo too loud, said one defense attorney
familiar with the issue.

"They say they are doing it to fight crime," said Miami defense attorney
Ronald S. Gurlnick, who is challenging the car impounds and fines in a
class-action suit filed there. "The real reason is it is a real moneymaker.