Posted On: August 8, 2013 by Ronald V. Miller, Jr.

Fun New Declaratory Judgment Case in Ocean City

There is an interested federal court opinion that came out this month on a street artist/violinist who was barred by a police officer from playing the Ocean City boardwalk. Faced with the threat of
arrest, three months in jail and a $500 fine, plaintiff waited a year and filed a lawsuit.

Plaintiff filed a motion for injunctive relief, asking the court order Ocean City not to enforce a 30-foot audibility restriction on the O.C. boardwalk.

Judge Hollander looked at the factors to consider in warranting injunctiive relief. The most interesting to me is: who do you think will win? Judge Hollander believes the plaintiff will win.

This is a classic declaratory relief opinion, the same stuff I use when teaching torts to my students. It will be taught in Maryland law schools, I bet, because it is a fun application of the relevant factors. You can find the opinion in Hassay v. Ocean City here.