Judge Seeks a Measure of Concert Noise

A judge tuned out the legal background noise Thursday and convened what he dubbed a “court of science” in the hopes of finding a solution that will keep the Pacific Amphitheatre open, but quiet.

Judge Gary L. Taylor asked six sound experts to try to find common ground on how to measure noise from the 18,000-seat open air amphitheater in Costa Mesa. Taylor decided last week that concert noise was interfering with the health and privacy of neighbors and had scheduled work to begin Thursday on how to draft a court order.

The six experts represent the neighbors, 24,000 of whom live within a mile of the concert site; Ned West Inc., which built and operates the amphitheater; the State of California, which owns the fairgrounds on which it sits, and the County of Orange, which has legislated limits on noise.

Unable to Agree

Up until now, experts have been unable to agree on how to measure sound generated by the concerts or whether county noise limits were being violated.

After 90 minutes in Taylor’s Orange County Superior Court jury room, they reported they had made enough progress to justify another session Monday.

Earlier, Richard Spix, attorney for the residents, had suggested a device be installed that would measure various types of sound coming from the concerts and automatically reduce amplification if levels got too high.

Amphitheater lawyers said such a system would destroy the quality of the music and effectively shut the facility down. They also filed statements from several agents who stated their clients might not choose to perform at Pacific Amphitheatre if sound was restricted and might perform only at competing locations, such as Irvine Meadows.

The letters were from agents of such performers as John Denver, the Charlie Daniels Band, the Beach Boys, the Moody Blues, Madonna, Prince, Michael Jackson and Neil Diamond.

Booking Difficulties

Efforts to book a full 40-concert summer season at the Pacific Amphitheatre have already become more difficult, according to a sworn statement filed by Kenneth Scher of Ned West.

“I have found that many of the artists and their agents have a ‘wait-and-see’ attitude,” Scher said.

Taylor listened with apparent interest as Dr. Frank C. Gomez, an expert with Los Angeles County Health Services Agency, told how sound was controlled at the Universal Amphitheatre near Universal Studios. Gomez described how neighbors complained about the noise after the facility opened in 1974, and said the problem had been solved.

“Yes, it was solved,” Gomez said. “They covered the amphitheater.”

Several dozen neighbors who attended the hearing applauded loudly.