You Can Protest In New Port Richey — Just Do It Quietly

NEW PORT RICHEY, FL — While the city of New Port Richey can't prevent people from using their constitutional right to free speech by staging protest rallies, it prefers that protesters do so quietly.

New Port Richey police have issued 14 citations since July to Black Lives Matter members who rally weekly at Sims Park in New Port Richey.

The city maintains the megaphones being used by the protesters are too loud and violate the city's noise ordinance.

Among those cited and even arrested once is Christina Boneta.

"We've been nothing but peaceful protesters," Boneta said. "We haven't even blocked roads or streets, littered, no violence or anything."

Nevertheless, Boneta and her easily-recognizable megaphone covered in stickers have attracted the attention of police on more than one occasion.

She said she's received six citations and was arrested once on a misdemeanor charge when she refused to sign one of the citations.

Four other protesters have received citations as well, at least 14 citatons total, amounting to thousands of dollars in fines.

"I owe over $2,500 in fines," Boneta said.

She said attorneys are representing those who have been cited for noise violations pro bono and that the group plans to fight the citations in court.

Until then, Boneta said the group plans to continue its weekly protest rallies but leave its megaphones at home.

"With all the tickets I've gotten, I just don't know how they'll treat me if I keep going out," Boneta said. "We're definitely going to be protesting every week, but a megaphone will not be used."

The New Port Richey City Commission amended its noise ordinance in 2017 after residents complained about bars downtown featuring amplified live music, especially those with outdoor venues.

The ordinance set the maximum noise level in residential areas at 55 decibels from 7 a.m. to 10 p.m. and at 50 decibels from 10:01 p.m. to 6:59 a.m. In nonresidential areas, up to 70 decibels is allowed from 7 a.m. to 11 p.m. and 55 decibels from 11:01 p.m. to 6:59 a.m.

But the ordinance has an exception for city-owned property including streets, sidewalks and parks.

"No person shall permit, cause, allow, create or sustain the operation of any source of sound from any public property ... in a manner as to create a sound level plainly audible at a distance of 100 feet from the source of said sound at any time, notwithstanding whether said sound exceeds the sound levels set forth."

In plain language, it means if the sound can be heard from 100 yards away, it's too loud.

Moreover, the ordinance gives the New Port Richey Police Department or a code enforcement officer permission to issue a citation if the noise persists 10 minutes after a verbal warning is given.

Boneta said she was never forewarned before officers handed her a citation.

The city's ordinance also calls for the fines to increase for each citation issued within a 12-month period.

Boneta said she'll back off for now but that it won't stop her from speaking out.

Black Lives Matters protesters are demanding more transparency and accountibility from the New Port Richey Police Department after an officer gave a Back the Blue activist information on the location of a Black Lives Matter protest and a video was posted on Facebook Sept. 4 showing New Port Richey police praying with members of the Proud Boys, according to the Facebook user.

Shortly after, the City Council unanimously agreed to immediately purchase 40 body cameras and 13 police car cameras for officers at a cost of $264,554.

According to the Southern Poverty Law Center, the Proud Boys are self-described “Western chauvinists” who say they are simply a fraternal group spreading an “anti-political correctness” and “anti-white guilt” agenda.

Others claim the group's intent is much more subversive — that the Proud Boys are a neo-facist, white supremacy group.

"I will always stand up against Fascism; I will always stand up against white supremacy; and I will stand up for all people," Boneta said. "It's our duty to fight for our freedom, and it's our duty to win."

Click here to read the statement issued by Black Lives Matter.