Mister Softee of Illinois, Inc. v. City of Chicago

Plaintiffs are in the business of dispensing soft ice cream by trucks on the streets throughout the City of Chicago. As a means of attracting the attention of prospective customers to their approach, each truck owned by one of the plaintiffs, Mister Softee of Hlinois, Inc., is equipped with an electrically operated sound device which plays a jingle entitled “Here comes Mister Softee.” An ordinance of the City, Section 99-56, prohibits persons on or proximate to a public way from making “distinctly and loudly audible upon such public way, any noise of any kind” by various means set forth,…