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Noise Ordinance Complaint at Shady Grove

Austin-American Statesman: Noise complaint shuts down Unplugged at the Grove

For the first time in its 16-year existence, KGSR’s “Unplugged at the Grove” series at Shady Grove was shut down Thursday night after a noise complaint from a neighbor. Shady Grove owner Mike Young said the restaurant is in the process of applying for a variance that will allow a ceiling of 85 decibels. According to the current noise code, Shady Grove is classified as a restaurant that must comply at 75 decibels.

Thursday’s opening act Sahara Smith was in the middle of her set when Austin Police showed up with a decibel meter and ordered the show stopped. Headliner Jimmy LaFave never played in front of a crowd estimated at 600. “Unplugged” booker Marsha Milam said the complaint came from a neighbor who told Shady Grove management that he’d call the cops next week, too.

Copyright 2009 The Austin-American Statesman. All Rights Reserved.


I learned about this through a friend's Tweet. She suggested people contact the City Council and complain. Despite my libertarian issues regarding the legitimacy of noise ordinances, I still find it outrageous the government does this.

Here's what I wrote to the City Council, the first time I think I've contacted them directly:

Other than violating private property rights, the noise ordinance is giving rise to other absurdities. For example: people who, after choosing to live near or in the downtown area of a city known for its after-dark music scene, complain about the loudness of that very scene. Though the person who complained about Shady Grove is the immediate source of concern, ultimately it is the local government's imposition of the noise ordinance that should take responsibility.

Neighbors should be able to resolve their problems without calling on people with guns to shut the other side down. How about we not give them that rather violent option?

-Charles Hueter

Posted by drizzten on June 12, 2009 01:45 PM |

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Outrageous? Are you kidding me? Have you ever lived close to a mexican disco that plays ear shattering loud music? i am a musician and i want the city to shut the dump down!

larumbaoneastriversideaustintx.wordpress.com

Posted by: La Rumba | November 2, 2009 05:20 PM

No, I'm not kidding you. I encourage you to read my previous remarks about noise ordinances to make sure you understand my principles on this.

No, I have not lived next to a rowdy live music venue. That would probably annoy me on a regular basis. Because relative peace and quiet are important to me, I'd take it into consideration before moving somewhere. If the venue was established after I moved, I'd start contacting the venue to let them know they are annoying one of their neighbors. I'd definitely do this if I could prove the venue (or it's [lack of] policies) contributed to my personal harm or damage to my property.

If that didn't work, I'd ask my neighbors if they felt the same way. I'd then let the venue know they were annoying several of their neighbors.

If that doesn't work, I might try carefully recording several samples of the offending noise, taking statements from your offended neighbors, and then contacting the local media. They might like having a story presented to them. Don't forget to quote a doctor or two about the decibel threshold for hearing damage.

You might also present the same information to the venue's insurance carrier to let them know of potential liability issues.

If none of that works and the venue continues to annoy you, then I think you only have two legitimate choices remaining:

1) You can set something up to annoy (not cause damage, not vandalize, not steal...just equally annoy) the piss out of them so they understand your grievance.

2) Move.

I think it is fundamentally immoral to demand the government (funded via the theft of taxation) to force a business to close because it's annoying you.

My home is on the east side and my cultural/behavioral tastes are firmly in the minority out here. Before we moved, my company's previous location was right next to a strip mall with a very annoying night club that brought a significant amount of undesirable foot and vehicular traffic through our property. I get it that there are fantastically inconsiderate people out there.

But that doesn't justify using the violence and threats of government to intimidate them to stop.

Posted by: Drizzten | November 6, 2009 04:39 PM

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