Court Pulls Plug on Amphitheater’s Bid to Postpone Noise Curbs

State appellate court justices rejected an 11th-hour bid Tuesday by operators of the Pacific Amphitheatre to delay enforcement of court-ordered noise restrictions.

The action came on the eve of the summer concert season, which opens today with a performance by the Kinks, the venerable English rock band, that is expected to draw 7,000 people to the amphitheater.

Without comment, 4th District Appeal Court justices in Santa Ana denied the request to block the noise limits, which are designed to provide temporary relief to residents living near the Costa Mesa facility.

Appellate justices rejected the request by Ned West Inc. before a lawyer for the residents even had time to file opposing papers.

County Health Care Agency employees met Tuesday with amphitheater officials to set ground rules for the sound monitoring ordered last week by Superior Court Judge Gary L. Taylor.

But the “big stick” that Taylor gave county noise experts--the authority to order the amphitheater to turn down the volume, even in the middle of concerts--will not be used immediately.

Jim Huston, assistant director of environmental health for the agency, said he does not anticipate any interference with the concerts today or at the next scheduled performance Saturday.

The first two concerts will be used to monitor noise levels at the amphitheater and at undisclosed locations in residential areas nearby, Huston said. The information may allow experts to determine two key questions: how much noise in the neighborhoods is caused by the concerts, and whether the amphitheater is violating county noise limits.

“We’re more interested in getting data, rather than trying to immediately, with the first concert, give any orders to shut down. I realize we have the authority to do that,” Huston said.

This weekend, a report will be compiled and presented to the judge, Huston said Tuesday.

Ned West attorney Deborah Nesset said she would not rule out a possible appeal to the state Supreme Court. Appellate justices rejected the last-minute appeal despite a sworn statement in which amphitheater manager Stephen M. Redfearn contended that “there is no scientific or practical way” to comply with the entire order.

Redfearn said six to 10 people would be needed to comply with any sound-reduction orders. In addition, Redfearn said most performers bring their own sound equipment, to which amphitheater managers have no direct access.

Redfearn could not be reached for comment.