quote:
Unfortunately, he would most certainly not lose. Your examples are artificial noise makers. His whistle is no different than annoying cheering, clapping, etc..

A legal nuisance can potentially be ANY activity that is irritating, offensive, obstructive, or dangerous. It is a matter of opinion and not set in stone as to what constitures a nuisance. If the person behind you leaned over and clapped in your ears purposely the entire game that could be a legal nuisance. Reasonableness is another legal lens that would come into play. One expects cheering, clapping and the like but not for someone to whistle continuously for hours in close proximity to them. Look how easily the NBA ejects fans paying thousands of dollars for a courtside seat only for an alleged verbal comment to a player.

I would also note that the higher and purer frequency oscillations at which the Vandy whistler is able to reach may resonate more with ones ear-drums, causing damage. So it is a potential injury situation.

As to the Vandy whistler, he is an arrogant piece of excrement that is more interested in drawing attention to himself than he is in watching the game. I would cheer if folks near him brought storm whistles and blew them at him ever time he stood.

This post was edited on 5/13/24 at 8:23 am