TAMPA - In seeking to dismiss a marijuana charge against Devil Rays outfielder Elijah Dukes, defense attorneys on Friday argued unsuccessfully that a city noise ordinance is unconstitutional.
The Rays last month optioned Dukes to the minor leagues and placed him on the temporary inactive list after a string of off-field problems, including the marijuana arrest in January. Tampa police arrested Dukes and another man, Willie Evans of Tampa, after finding marijuana in the center console of a 2006 Dodge Charger that Dukes was driving.
Police had pulled Dukes over because of loud music, which officers said they heard from 117 feet away. Playing music that is audible from 25 feet away in a vehicle is a violation of city ordinance.
Defense attorney Wes Trombley argued the ordinance is unconstitutional because it does not include a decibel level and 'can be applied differently depending on the listener.' Circuit Court Judge John Conrad disagreed, saying the statute focuses on law enforcement's detection of the noise, not the general public's.
Valerie Kalfrin
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