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Critical Analysis

The Bar

A bar bordering a residential neighborhood is keeping nearby residents awake at night. Neighbors complain to the owners, but they appear unable or unwilling to correct the problem.

1. If you were an affected resident, how would you attempt to handle the problem?
2. If you were the bar owner, how would you respond to noise complaints?

Residents organize and decide to lobby local officials and the police department with the goal of abating or mitigating the noise problem. They also want to rally public support by raising awareness.

1. What is grassroots organizing?
2. What is the difference between abatement and mitigation?

Residents lobby local officials for an ordinance requiring bars to close after midnight. Bar owners and business groups respond by lobbying to defeat the proposed legislation. Other residents support the bar, believing it contributes to the economic development of the community.

1. How do individuals and groups lobby legislators?
2. In what ways can legislation affect the economic development of a community?

One local newspaper publishes an unbiased story that presents the issue and allows readers to form their own opinions. Another newspaper chooses not to run the story to avoid offending advertisers.

1. How does the media influence public policy?
2. Can the media shape public opinion?

Some legislators appear to respond to political pressure from voters, while others appear to respond more strongly to political donations.

1. In what ways can political pressure and campaign donations affect legislative decisions?

Residents want the police to be more proactive in enforcing existing noise codes, but they are unsure whether enforcement priorities are based on political influence or the number and severity of complaints.

1. How do police departments prioritize and respond to different types of complaints?
2. Can police enforcement policies be influenced by political pressure?

Boom Cars

A boom car is a vehicle equipped with an audio system that produces powerful bass sound audible and perceptible outside the vehicle. The bass can rattle windows and travel through walls into nearby residences.

The causes of this form of noise pollution extend beyond individual motorists. The car audio industry manufactures and markets products designed specifically to promote extreme loudness, often referred to as “booming.”

Pioneer Electronics, a leading manufacturer, marketed a line of car audio products using the slogan “Defy. Disrupt. Disturb. Ignite.”

The company produced a marketing video titled “Disturb.” In the video, a young man describes spending half of his inheritance on $30,000 worth of car audio equipment. Another individual boasts that his boom car sets off alarms and once caused a child to cry in the street.

Other manufacturers promote similar messaging.

JBL: “Either we love BASS or hate your neighbors.”
JL Audio: “Be Very Afraid.”
Lightning Audio: “Sonic submission.”
Boss Audio Systems: “Turn it down? I don’t think so.”
Crossfire: “We’re louder… Deal with it!”
Viper Audio: “Cold Blooded. Violent Fury and Multi-Channel Mayhem.”
Orion High Performance Car Audio: “Be Loud. Be Obnoxious.”
Cerwin-Vega Mobile Audio: “Shake the living, wake the dead.”
Concept: “When TOO loud… is just right!”
Kicker: “You deserve a beating… Kicker’s loudest, meanest subwoofer ever!”

1. What message is the car audio industry trying to convey?
2. What consumer demographic is being targeted?
3. What television shows or media platforms do car audio companies use for advertising and product placement?

The Mobile Electronics Retailers Association (now known as the Mobile Electronics Association) represents manufacturers and installers of car audio equipment.

They released a position statement cautioning its members “not to use symbols, messages, or suggested behavior that could adversely affect the industry. Irresponsible promotion could negatively impact public perception and be used by activists or government agencies to regulate our products and activities.”

1. To what extent do they appear to be concerned about noise pollution?
2. What does it mean to be a good corporate citizen?

Backyard Motocross Track

The Mayer family built a motocross track on their property for dirt bikes and all-terrain vehicles (ATVs). They host local race events and invite members of the community to participate.

The Lopez family lives next door. After six months, they complain that the noise is interfering with their ability to use and enjoy their property. They claim the noise is so severe that they must leave their home during practice sessions and race events.

The Lopez family appears to be the only household affected; other neighbors support the Mayer family and the continued operation of the motocross track.

1. Who do you believe is right in this situation?
2. Should majority opinion determine who is right?
3. Should the length of time the activity has existed be a factor?

The Lopez family files a complaint with authorities, but police and public officials state that no criminal laws have been violated. The Lopez family then files a civil lawsuit alleging that the motocross track constitutes a public nuisance.

1. As the attorney for the plaintiff (the Lopez family), how would you argue the case?
2. As the attorney for the defendant (the Mayer family), how would you argue the case?