Somers Point Waterfront Bar Seeks to Overturn Noise Restrictions on Constitutional Grounds

Somers Point, N.J. — A waterfront tiki bar in Somers Point has initiated legal action to challenge the city’s noise ordinance, which prohibits outdoor music after 11 p.m. at liquor-licensed venues. The establishment contends this ordinance infringes upon free speech rights. The Point on Bay Avenue, which describes itself as the city’s sole tiki bar, claims it was cited eleven times for violations during the summer of 2024, despite having operated without issue since opening in 2019. The lawsuit, filed in Atlantic City’s Superior Court, also asserts that the ordinance, in place since 2000, was never approved by New Jersey’s Department of Environmental Protection, as mandated by state law. According to the bar’s legal representatives, the ordinance makes no distinctions between noise produced indoors and that from outdoor sources. It also fails to establish specific noise levels or consider the distance between the source and nearby properties. The bar is located in a commercial zone away from residential areas, a fact highlighted in their legal arguments. The case emphasizes the historic importance of music in dining environments, stating that prohibiting outdoor music late at night severely impacts the bar’s operations. Scheduled court hearings related to the ordinance violations have been postponed due to the ongoing legal dispute, with the next session planned for early July. While acknowledging the city’s interest in managing noise pollution, the bar’s attorneys argue that this particular ordinance is overly restrictive and damaging to local business interests.