Tokyo Residents Sue Over Daycare Kids Being Noisy

According to Tokyo Shimbun, a lawsuit filed by residents of Nerima Ward, Tokyo, was dismissed by the Supreme Court. The residents claimed that noise from children at a newly established daycare center disrupted their peaceful living environment and violated their rights by…being children. The case highlights a long-running tension in Japan between the desire to combat population decline and people who just don’t seem to like children.

Case thrown out

On October 23, the Third Petty Bench of the Supreme Court, led by Justice Eriko Watanabe, upheld the lower court rulings from the first and second trials. This decision confirms the residents’ loss in their case against Nihon Hoiku Service, the daycare operator based in Nagoya, and others.

The first-instance Tokyo District Court ruling in June 2020 found that noise levels occasionally exceeded national standards for about two years after the daycare opened in April 2007. However, the daycare mitigated this by measures such as limiting the playground’s usage.

The court concluded that the noise did not exceed the tolerable limit, thus dismissing the residents’ claim. The Tokyo High Court upheld this ruling in the second instance in March 2021.

Previous cases

Four years ago, the Tokyo District Court dismissed a lawsuit filed by residents against a local kindergarten. The residents claimed that noise from the children was disruptive.

The court recognized that the kindergarten’s noise levels frequently surpassed environmental standards. However, it ruled in favor of the kindergarten, highlighting the institution’s efforts to mitigate noise, such as limiting outdoor playtime.

The residents, who have lived near the kindergarten for over ten years, aimed to stop the noise and sought compensation from the operating company.

In the ruling, Chief Judge Masaharu Ito stated that noise measurements indicated levels often surpassed the acceptable limits. He pointed out that for about two years following the kindergarten’s opening, the noise levels were notably high.

Despite these findings, the court praised the kindergarten for addressing residents’ concerns. The school decreased outdoor activities to reduce noise. Considering these measures, the court concluded the noise did not exceed tolerable levels. As a result, the court dismissed the residents’ claims.

In 2014, a man in his 70s living near a kindergarten filed a lawsuit seeking the installation of soundproofing and damages. The Kobe District Court ruled against him in 2017, stating that the noise did not exceed tolerable levels. This decision was upheld in the second trial and later confirmed when the Supreme Court rejected his appeal.

Given these lawsuits against pre-schools, a daycare facility in a residential area in Tokyo installed a three-meter “soundproof wall” made from green leaves to minimize the noise.

One park closed due to a single neighbor’s complaint

In another case that we wrote about here on Unseen Japan, a park in Nagano City was shut down after repeated complaints about the “loud” voices of children playing.

The Aokijima Playground, located in a residential area of Nagano City, was developed in 2004 when the city leased private land in response to requests from the local neighborhood association. Shortly after the park opened, a nearby household filed a noise complaint, calling it “too loud.”

In response, the city made adjustments a few years later, including relocating the park entrance and moving some playground equipment. Following these changes, complaints about children’s “play voices” ceased. However, the same resident continued to raise concerns about the “idling” of cars as parents picked up or dropped off children at the adjacent children’s center.

In March 2021, more than a decade later, the same resident once again complained about the “sounds of children playing.” Considering the history of complaints regarding idling, the children’s center, which manages the park, anticipated that noise complaints might persist and thus decided to stop using the park.

Without a manager for the park, the neighborhood association requested the city in 2022 to officially close it. Taking into account the leasing costs, the city decided in February to discontinue the park. Nagano City has clarified that, despite the park’s closure, nearby elementary schools and other parks remain available for residents’ use.

There was almost a law that declared that children’s voices are not noisy

As cases like the park closure in Nagano City and the lawsuit against a daycare in Tokyo gained attention in the Japanese media, this issue rose to the level of the National Diet. Last year in April, discussions arose on the necessity of a law that would define “children’s voices as not noise.”

A government official noted that in Germany, the legal definition of noise explicitly states “noise (excluding children).” Some local governments in Japan have also established similar ordinances, and officials expressed a desire to expand these measures. Then Prime Minister Kishida also made remarks. “I see this as a truly transformative policy, and I intend to continue advancing it. We need to share this awareness and reconsider our stance regarding the perception of children’s voices as noise.”

In an interview with the Children and Families Agency by Tokyo Shimbun, the response to the situation was vague. The Agency stated, “Currently, we are not addressing this as a specific issue. It is still unclear what the future may hold.”

Online reactions have been polarized, according to Toyo Keizai.

“Have we really reached a time when we need a law for this?”

“No matter what the law says, noise is still noise.”

Others welcomed the idea: “Creating an environment where children can play freely is something I fully support.”

However, since news of this potential new law emerged in April, there has been no observable progress.

Is Japan child unfriendly?

Outside of park noise, there have been multiple other controversies over the reception of children in public.

For years, Japanese parents have complained about how stressful it is to take children out in public in strollers. 57% of women in one survey said they’ve experienced hostility from others when bringing a stroller onto a bus or subway train.

In another controversy last year, Soup Stock Tokyo experienced an online backlash when it began offering free baby food to parents. Many Japanese social media users complained that the popular lunch chain would become full of crying babies, making it an unpleasant place to eat.

As Japan’s population declines and fewer people get married, the country is becoming older and more single. The past 10 years have seen a surge in restaurants and other venues catering to singles. That has many worried that Japan is becoming more hostile to raising children at a time when it can ill afford it.

Sources

「園児の声がうるさい」保育園を訴えた住民の敗訴確定　一審「受忍限度超えていない」…最高裁が上告棄却 東京新聞

子どもの声の苦情きっかけに市が公園廃止　「住民不在」で進んだ議論　朝日新聞

「子供が騒がしい」公園廃止 当事者に聞いて経緯を検証したら　NHK

【ニュース･10/25追記】東京都練馬区の保育園騒音訴訟、「受忍限度」として住民請求を上告棄却　最高裁 よどきかく

｢子どもの声は騒音ではない｣法制化を喜べない訳　東洋経済

子どもの声は「騒音ではない」法が制定される？　国会で話題　その現実味は…　東京新聞

「子どもの声は騒音ではない」法律で定めることも視野に政府検討　社会の意識は変えられるのか TBS NEWS DIG