A San Rafael tire store has been ordered by a judge to cease playing loud music directed at an adjacent homeless encampment after a lawsuit was filed by one of its residents. Bruce Gaylord, who lives at the Mahon Creek Path encampment, claimed the music from East Bay Tire Company was a form of “psychological warfare” that exacerbated his mental health conditions and left him sleep-deprived.
Homeless man files lawsuit against tire company over loud classical music played near encampment and wins
The company says the music was played for security reasons, but a judge sided with the homeless advocate.
@theblaze https://t.co/ZsU0dOzFKf
— Tim Gradous (@tgradous) May 29, 2024
Gaylord, confined to a wheelchair, said the music blared continuously for three consecutive nights, reaching decibel levels between 51 and 118, according to homeless advocate Robbie Powelson. The noise far exceeded San Rafael’s nighttime limit of 55 decibels for commercial zones.
East Bay Tire assistant manager Robbie Derho denied targeting the homeless, stating the music and security announcements were intended to protect employees and deter criminal behavior spilling over from the encampment. Derho claimed staff had witnessed illegal drug use and prostitution at the encampment.
Bruce Gaylord, who lives at a homeless encampment next door to East Bay Tire, is suing the business for playing music during the overnight hours. But the San Rafael company argues that it isn't to drive the unhoused away, but to keep their employees safe. https://t.co/IRgMxHt4hl pic.twitter.com/teLI2je7Aw
— ABC7 News (@abc7newsbayarea) May 21, 2024
However, Marin County Judge Sheila Shah Lichtblau issued a temporary injunction preventing the store from playing music that exceeds city noise ordinances. The judge’s order seems reasonable, given the extreme volume and duration of the music, which the United Nations Human Rights Council has identified as a method of psychological torture.
America is turning into a total fucking joke
Homeless man files lawsuit against tire company over loud classical music played near encampment and wins https://t.co/ao8ACZuY8W
— Rob (@_ROB_29) May 29, 2024
While the tire store’s frustrations with the encampment are understandable, blasting loud music is not an appropriate solution. The court’s decision strikes a balance between the rights of both parties until a more permanent resolution can be reached.
