The Council of State has upheld a municipal ordinance restricting music in central Milano Marittima after 1 AM, reinforcing the city’s effort to manage late-night disturbances during the summer tourism season. The music ban, introduced by the Municipality of Cervia, will remain in effect through August 31.
The decision came after a local bar owner challenged the rule, arguing it harmed his business operations. His appeal followed an earlier rejection by the Emilia-Romagna Regional Administrative Court (TAR) in late June. However, Italy’s top administrative judges dismissed the new appeal as well, stating the ordinance does not create serious enough harm to the business to warrant suspension.
Court supports noise control measures
Mayor Mattia Missiroli issued the order earlier this summer, shifting the allowed music cutoff from 3 AM to 1 AM. The regulation also included lower noise limits for entertainment venues. The policy aimed to address growing concerns over excessive noise and unruly behavior tied to what officials described as “bad nightlife” in the heart of the city.
The Council of State emphasized that the bar owner’s main commercial activity was not centered around music, describing it as an accessory feature rather than a core service. Judges concluded the regulation does not interfere with the business in a way that could be considered intolerable—particularly given its limited duration.
Municipality defends public interest
Lawyers Franco Fiorenza and Silvia Medini represented the Municipality of Cervia in the legal proceedings. The ruling reaffirmed the authority of local governments to take temporary action to preserve public order and the overall quality of life in areas with high tourist traffic.
According to the court, local administrations have the right to balance business interests with public well-being. In this case, the Milano Marittima measure was seen as a proportionate response to seasonal challenges brought on by large crowds and nightlife activity.
The ordinance will continue to apply until the end of August, when local officials may review the outcomes and determine whether further steps are needed ahead of future tourism seasons.
