Lawsuit Related To Opera Singer's Arrest Settled In Alexandria

ALEXANDRIA, VA—The City of Alexandria says it has "amicably resolved" a lawsuit brought by an award-winning opera singer after her 2016 arrest in Old Town. Krista McClellan Clouse, a regular street performer, sued the city over her arrest for a violation of the city's noise control code.

"I hope that my experience can help promote the constitutional rights of street performers and inspire others to participate in Alexandria’s historic arts community," said Clouse in a statement released by the city.

Clouse was arrested in September 2016 near King and Lee Streets for violating a noise ordinance for using an amplifier while singing.

On street performer noise, the city's noise ordinance states: "Between the hours 7:00 a.m. and 11:00 p.m., no sounds may be louder than 75 decibels at a distance of 10 feet from the place at which the sound is being generated or produced. The burden of proof shall be on the person responsible for such sound generation to prove otherwise." The city also requires a $20 permit to use sound amplification equipment on public streets.

The case was allowed to move forward in the U.S. District Court for the Eastern District of Virginia earlier this year, Bloomberg BNA reported. The court was notified the city and opera singer reached a settlement earlier in March.

Close claimed the noise ordinance as applied in her arrest violated the First Amendment and is unconstitutionally vague and overbroad, according to court documents.

The city issued an apology to Clouse after the arrest. The violation only calls for a written warning, not handcuffing, fingerprinting and spending a night in jail, which is what happened to Clouse.

The city said staff are performing a comprehensive review of the noise ordinance and could recommend changes to City Council.