Bar owner to appeal noise-law conviction

By Jordan Cohen

NILES — The owner of McMenamy’s, a popular bar and restaurant on Youngstown-Warren Road, has been found guilty of violating the city’s revised noise ordinance, and his attorney says there will be an appeal based on constitutionality.

Judge Thomas Townley ruled Thursday against Robert Leonard, who was cited by a Niles police officer last May after complaints about loud music emanating from the establishment. Judge Townley had presided over Leonard’s trial Oct. 21.

“I would anticipate appealing because we believe this ordinance is unconstitutional,” said Patrick Perry, Leonard’s attorney. “There are multiple areas of doubt about this ordinance.”

Before the trial, Perry’s motion to dismiss charges on constitutional grounds was rejected.

The defense attorney called the city’s revised law “a zoning ordinance in disguise,” contending that the change was “aimed directly” at Leonard and McMenamy’s. Complaints to city council from nearby residents about loud music at McMenamy’s led to revision of the ordinance after several months of debate. Council enacted it into law last April.

“[Leonard] has invested his money to provide entertainment for years, and this ordinance is only geared to restrict the use of his investment,” Perry said.

During the trial, the officer who cited Leonard testified that the music did not bother him “but annoyed others.” Perry says that poses another constitutional issue.

“It’s vague, overly broad and relies solely on the officer’s discretion,” Perry said, adding that those who complained about the music that night declined to leave their names with police.

At the time, McMenamy’s was hosting a concert on behalf of the American Cancer Society’s Relay for Life. The ordinance contains an exception for such charity events but only until midnight. Leonard’s citation was issued after midnight.

Leonard is the only business owner to be cited and convicted under the controversial ordinance. He faces a maximum $100 fine for the first offense, but the penalty is not the issue according to his attorney.

“The only reason they changed the law was to affect the way he uses his property,” Perry said. “It’s unconstitutional.”

Messages seeking comment from Niles Prosecutor Terry Swauger were not returned. Sentencing has been scheduled for Nov. 25.