The city of Portsmouth, Va. certainly seems to think so. An ice cream vendor who has been fined repeatedly for playing music from his truck has challenged the city’s regulations, claiming that they are a violation of his constitutional rights.
Sanchez drives a truck for Norfolk-based Jumpn’ G’s Ice Cream. He was convicted three times this summer in Portsmouth General District Court for the illegal use of noise from an ice cream truck.
He appealed the last conviction, which stemmed from a stop by police Officer Jim Conrad on Sept. 5.
Conrad has been enforcing the city’s ice cream vendor regulations since a 10-year-old girl was hit by a car as she walked away from an illegally parked ice cream truck in May. The girl suffered cuts and bruises.
Sanchez also has been convicted in Portsmouth of driving without a license and not having proper equipment. He and his employer have paid conviction fees and costs of $496, court records show.
In other news, ice cream trucks are annoying as hell. Maybe they should just get some better music.