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How Should Noise Ordinance Be Applied to This Music Venue?
Noise ordinances are often the bane of live performances venues. A jazz brunch in Miami Beach has sparked litigation between the city and a cafe owner with an interesting twist over the constitutionality of the city's noise ordinance.
Parisian-style cafe Bakehouse held a jazz brunch in January, the second of a weekly feature planned for the venue that opened in November in Miami Beach's affluent South of Fifth neighborhood. The company hired a saxophonist to play for about four hours from 11 a.m. to 3 p.m. to create a “tasteful, chic and warm ambience,” with the musician playing indoors at “reasonably low” volume without amplification. But about 90 minutes into the performance, a city compliance officer abruptly stopped the music and issued a citation, according to an amended federal complaint the restaurant owner has filed. Bake House SB LLC v. The City of Miami Beach, 1:17-cv-20217 (S.D.Fla.).
That's where things took a confusing turn, shifting the spotlight to the rules that for years separated the tony residential neighborhood from its bustling neighbors in the entertainment district blocks away, north of Fifth Street along Ocean Drive.
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