excessive school loud speaker 50 ft from our front door.

[Mr48tanker]

Our home is located about 50 feet away from a very loud amplified speaker that is located at the rear of a school. It has a range of about 1/2 mile away from the school,and most of the time it is used to transmitt messages that have nothing to do with educational needs or the children who attend this school. We have a breech of the peace law in the state of Florida which the police frequently used to ticket loud sterios etc that are bothering others under distrubing and annoying amplified sound etc. When I asked the police to apply that statue to the needless and excessive loud speaker that has been causing our family so much grief, and I qualified my request by asking if I place a loud speaker outside my home so I could hear music while I worked in my yard and the school was bothered by my music, would they force me to stop using it? I was told they would and that they would not ask the school to stop using and/or to even turn the volume of their speaker down and when I asked why, and the police refuse to answer or to tell me why they feel a school employee has a right to come into a community and violate the same laws the rest of us in the community have to live by. question is, is this a violation of civil rights as they may apply to equal justice for all and do school's have a right to ignore the laws of the communitys they are located in?

Thank You
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[capeso]

This question, though seemingly simple, actually involves a couple of complicated areas of law.
1st, if Florida law is similar to other common law 'quiet enjoyment' laws, noise violations of a certain decible will warrant a citation from the authorities. This situation usually comes up with the 'wild party' next door. However, the noise must occur when the authorities arrive so that they can measure the noise level. Have the authorities been called when a violation was occuring? If so, did they refuse to enforce the law? There may be a way of complaining to police supervisors if that is the case. Contacting their office may be a good place to start. Also, contacting a local attorney to find out the exact language of the law and it's application would be a good start to make sure that the law does proscribe this activity.
2nd, you may have a claim of nuisance, public or private. For the former, other neighbors who have complained would be helpful. Again, nuisance is a complex theory of law and is best handled by a lawyer. Check our website for lawyers in your area who are knowledgable regarding nuisance law.
Good luck.