State Street Mall’s very own piccolo player, Tom Ryan, traded in his bright orange jump suit for a gray suit and tie Wednesday, when he appeared in county court. Ryan was found not guilty of violating Madison’s noise ordinance that states unreasonably loud noise is prohibited for his public piccolo playing.
According to Assistant City Attorney Marci Paulson, Ryan was playing his piccolo on State Street Mall last May when Officer Mike Elder approached Ryan about his piccolo playing due to complaints from some nearby vendors. When the officer asked him to stop playing Ryan said he would not. The officer walked away and Ryan then continued to play. He was then issued a noise violation ticket, which he appeared in court for on Wednesday.
The ordinance bans noises that disturb the peace and quiet.
Two State Street Mall vendors testified in front of a Dane County Circuit Court jury, one stating the piccolo noise was irritating, the other said he did not mind it.
UW physics professor emeritus Robert March was called to testify at the trial on behalf of the defense by Ryan’s attorney, Dan Musser. March, who testified voluntarily, measured the sound level of the piccolo and compared them with others sounds in the State Street area. He said the sound of the piccolo were at the same decibel level as all of the other sounds.
March said he thinks his experiment was a factor in the jury’s decision.
“I consider it my civic duty,” March said of testifying on behalf of Ryan. “The State Street area was intended as a performance area,” he said, adding he found it “offensive” that of all the performers at Library Mall, Ryan was the one in trouble.
After deliberating for nearly three hours, the jurors deemed Ryan not guilty of the noise violation.
Paulson said the infraction was not serious, comparing the violation to a speeding ticket.
“The ticket did not mean he can never play again,” Paulson said. “He has played since he received the ticket.”
March was happy to hear the news Ryan would again be back playing his piccolo for all to hear.
“He is a wonderful musician. I am very impressed with him,” March said, adding he stops to listen to Ryan’s music when he passes. “Next time I see him, I am going to give him a high-five.”
