Judge Strikes Down Virginia Rowdy Behavior Law

August 2, 2007

A federal judge in Norfolk has ruled that Virginia's law regulating noisy, lewd and disorderly conduct at bars and restaurants is unconstitutional.

The judge also found similar state Alcohol and Beverage Control Board regulations unconstitutional. Officials say the ABC board is circulating a revised regulation that seeks to address the judges concern.

Four Virginia Beach nightclub owners and two in Norfolk sued the board last month after receiving repeated citations for disorderly and lewd conduct.

Owners say that state and city laws were being enforced unevenly and unfairly because Virginia Beach and certain hotels host outdoor music groups and are not ticketed.

A similar lawsuit against Virginia Beach's noise ordinance is pending in state court.

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