Judge dismisses noisy kids lawsuit

  Eyewitness News

(New York- WABC, June 20, 2007) (WABC) -- The case of a Long Island couple ordered to keep their young daughters quiet was dismissed on Wednesday night.

William and Rachel Poczatek, who live in the village of Bayville, were hit with a notice of violation after neighbors complained about the couple's daughters, aged 5 and 11, who they said played too loudly around the family's backyard pool.

But in court on Wednesday night, the judge dismissed the charges against the parents, according to Andrew Campanelli, an attorney for the parents. The courtroom was filled with people who supported the family and cheered as the judge read the decision, Campanelli said.

"I think the village did the right thing," William Poczatek told reporters after the brief court proceeding.

The Poczateks were cleared because the village ordinance they were accused of violating is usually reserved for "the shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood," their attorney said.

"The statute didn't apply," insisted attorney Andrew Campanelli, who got no argument from the judge or prosecutor.

The couple now wants to get videotapes their neighbor, Mark Kostakis, made of their children. Kostakis had said he recorded the the kids last month as evidence.

"This is it for me," he said. "I don't work 12 hours a day to come home and listen to this...." Kostakis said.

Last week, the family held a party for their 11-year-old daughter and her friends. The next day, they received a summons to appear in court.

Rachel Poczatek, 43, said she didn't know how to solve the problem. "Should I muzzle my children? ... They're not cursing, they're not destroying his property, they're just simply being kids playing in the pool," she adds.

After leaving the courtroom with his family, Poczatek did offer a conciliatory message: "Yes, we will try to keep them quieter." That test begins Thursday, the first day of summer.

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