Costa Mesa : Amphitheater Wins Temporary Ban on Noise Citations by City

The owners of Pacific Amphitheatre have won the latest round against the city in their battle over alleged noise violations.

Attorneys for the outdoor theater obtained a temporary restraining order prohibiting the city from arresting or citing the amphitheater’s performers or operators.

In December, the city introduced a new tactic in battling the amphitheater when it filed charges against five performers, Jefferson Starship, Black Uhuru, The Pretenders, Rod Stewart and Sheena Easton.

The criminal infraction charges, which carry lighter penalties than misdemeanors, claimed the performers violated the city’s noise ordinance.

The temporary restraining order issued by Orange County Superior Court Commissioner Ronald Bauer is in effect until Feb. 6, when amphitheater attorneys are scheduled to request a preliminary injunction before Superior Court Judge Judith Ryan.

Deborah Nesset, an attorney representing the amphitheater, said, “There have been some acts who have said they won’t come back because of the threat of criminal prosecution.” When amphitheater attorneys apply for the preliminary injunction, they will continue to argue that the city does not have jurisdiction over the amphitheater, which is on state-owned land, Nesset said.

“Our basic contention is that the city doesn’t have the jurisdiction and therefore they are acting unlawfully or illegally in attempting to prosecute anyone that is performing legal activities on the properties,” she said.

Also, “it doesn’t seem fair that the city can enforce its ordinance, which is obviously meant to hurt our business,” Nesset said.