LAWSUIT IS NEEDED AGAINST BOOM CARS

 

by Michael P. Wright
Norman, Oklahoma USA
E-mail: mpwright9@aol.com

 

Article originally published in the Oklahoma Observer, June 25, 1999

 

An advertisement from the October 1997 issue of Car Stereo Review boasts that "loud car stereos are the number one annoyance to people over 40." The Prestige stereo marketers also tell their prospective customers that their "four channel 120 watt amp will put the over 40 set into cardiac arrest." In tacit recognition of the fact that loud stereos are also contributing to America's epidemic of hearing loss, the ad additionally ridicules the "over 40 set" with this language: "You can't hear them yelling at you anyway with your Prestige car stereo blasting away." Hearing impairment is America's most prevalent chronic illness, with an estimated 28 million cases (source: Journal of the American Medical Association, June 20, 1990).

Interference with hearing is not the only problem associated with "boom cars." Research has shown that loud auto stereos impair drivers' response to objects appearing in peripheral vision (source: New Scientist, July 19, 1997). This creates hazards for accidents.

Boom cars are presenting society with numerous public health hazards. The advertisers are correct that the noise from these devices, which can inflict people for at least a one-block radius beyond the offending vehicle, can "put the over 40 set into cardiac arrest." In the 1970s, noise was recognized by the EPA as a source of stress and a risk factor for coronary heart disease (source: Noise: A Health Problem, EPA [booklet] August 1978).

Boom cars are also contributing to America's epidemic of sleep deprivation and associated accidents and fatalities. Drowsiness caused by sleep deprivation is estimated to account for between 200,000 and 400,000 auto accidents annually (source: Journal of the American Medical Association, March 24/31, 1993). Data from a National Sleep Foundation survey indicate that 56% of American adults suffer from sleep deprivation. Of these, about 37% cite environmental problems as the cause. Noise, light, and temperature are listed as examples (source: USA Today, March 23, 1999). Noise-related sleep deprivation is without doubt a factor in tens of thousands of annual auto accidents.

"Gangsta rap" recordings are commonly used to create the annoying audio effects desired by boom car operators. In the wake of the emerging epidemic of fatal school violence, many commentators and political leaders have expressed concern that violent themes in entertainment have been assaulting basic moral values. The National Political Congress of Black Women has encouraged its followers to boycott gangsta rap and other recordings which promote violence, crime, and misogyny. Effective legal action against the public disturbances created by boom cars would go a long way towards undermining the gangsta rap market, while completely circumventing the Constitutional issues related to censorship. Our notions of free expression do not confer a right to blast noise into people's homes.

Boom car offenses are prohibited by many municipal ordinances and restricted by others. The Norman noise ordinance prohibits car stereos from being heard beyond a 50-foot radius from the vehicle after 9:00 pm and before 7:00 am the following day. Unfortunately, the Norman Police Department grants extraordinary leniency to the city's growing legions of boom car offenders. I personally suffer numerous daily and nightly disturbances. Boom cars and other noises arising from voluntary and recreational activities prevent me from working in my home office.

Government officials have enjoyed some degree of success in waging litigation against tobacco companies for the damage their products have inflicted upon public health. More recently, we are witnessing the opening of a litigation campaign against gun manufacturers.

Unlike Prestige Audio, the gun manufacturers would never openly boast that their products will be effective in inflicting others with injury. Prestige Audio has published such a claim, and I am quite certain that millions of Americans who desire only the right to enter our residences and enjoy quiet and undisturbed sleep have suffered accordingly.

I believe that there are excellent grounds for waging a product liability lawsuit against the producers and marketers of equipment intended for use in boom cars. I have written a letter encouraging Attorney General Drew Edmondson to initiate such a lawsuit, and I encourage Observer readers to join me in this request. Those who wish to discuss ways to combat the growing problem of noise pollution are invited to contact me. See also the web site of the Noise Pollution Clearinghouse: http://www.nonoise.org.

 

Note: Some sample obnoxious ads may be found at http://members.aol.com/mpwright9/boomcar.html

 

About the Author

Author's portrait

Michael P. Wright was graduated from the University of Oklahoma with a BA in political science and MA in sociology. His professional record includes research in a variety of areas including health science, energy economics, American Indian history, and computer software development for health risk assessment. He has on several occasions appeared before Oklahoma legislative committees in the capacity of expert witness. Wright has also been the recipient of four federal grants from the Small Business Innovation Research program of the US Public Health Service. In this capacity part of his tasks included study of diagnostic error.

Wright is listed in the 24th and 25th editions of Who's Who in the South and Southwest, published by Marquis, and the 17th edition of the British directory Men of Achievement. He has been published in the American Journal of Preventive Medicine (Sept/Oct. 1997), the Journal of the American Medical Association (letter, Mar 24/31, 1993), and AIDS Education and Prevention (fall 1991). Additionally, his work has been presented in the proceedings of the Oklahoma Symposium on Artificial Intelligence (November 1993, Oklahoma State University), and he has been a guest opinion writer for the San Francisco Chronicle (May 24, 2000).

As an OU undergraduate, Wright was a participant in the University Scholars program and was named Outstanding Senior in Political Science at graduation. In the fall of 1975, he received the additional honor of appointment to the State Regents Student Intern program.

 

Ways to Contact the Author:

Home Phone: 405/329-6688
E-Mail: MPWright9@aol.com
US Mail: PO Box 204 - Norman, Oklahoma 73070 - USA

 

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