Court Blocks Enforcement of Noise Limit for Concerts

Enforcement of a court order limiting concert volume at the Pacific Amphitheatre was suspended by a state appellate judge Wednesday, who decided that concert promoters’ claims that the order is unlawful should be considered.

“We’re just very pleased,” said Deborah Nesset, attorney for Ned West Inc., owner-operator of the 18,000-seat open-air amphitheater in Costa Mesa.

The action apparently delays further proceedings enforcing the order until at least Aug. 10. The decision was signed late Wednesday by John K. Trotter Jr., presiding justice of the 4th District Appellate Court in Santa Ana.

Neighbors of the amphitheater went to court four years ago, contending that rock music concerts generate volume levels above limits established by the county.

On May 8, Orange County Superior Court Judge Gary L. Taylor agreed, issued an injunction against Ned West and scheduled later hearings to determine how to measure compliance with the order. Taylor eventually appointed an expert to monitor performances and added other terms to give the order teeth.

The stay came less than 24 hours before a hearing at which Taylor was to receive a report by that expert, which concluded that a concert Saturday by Hiroshima, a rock band, violated the order.

Nesset said the report also concluded that an Emmylou Harris concert the day before was within volume limits. The next concert at the facility is Legends of Bluegrass, scheduled for Sunday.

Trotter’s one-sentence order apparently rolls back enforcement in critical areas:

- It voids, at least temporarily, a July 7 addition to the injunction that required Ned West to notify performers that they might be in violation.

Amphitheater operators had regularly argued that it would be unfair to hold in contempt performers who are not part of the court proceedings.

“To hold performers in contempt is pure harassment and unlawful,” Nesset argued in the appeal, filed Monday. “Such an action will surely close the Pacific Amphitheatre.”

- It lifts Taylor’s order that Ned West pay for the noise monitoring.

Amphitheater lawyers argued that the provision would, in effect, require operators to gather evidence of their own violations and to incriminate themselves.

Taylor orginally ordered Ned West to pay the costs of the person monitoring concerts at a cost of $2,000 per concert. More recently, he ordered the costs split between the amphitheater and complaining neighbors.

Costa Mesa officials, who themselves tried unsuccessfully to force Ned West to turn down the volume for several years, have provided substantial funding for the lawsuit.

The amphitheater argued that Taylor’s most recent order failed to require monitoring of volume in the adjacent residential areas. Nesset argued it would be unlawful to hold Ned West in contempt unless the measurement is made.

Amphitheater lawyers had argued from the beginning that Taylor’s order should have been automatically suspended with their earliest appeal, which was filed two months ago.

Taylor had consistently opposed that view.

Richard Spix, attorney for the nearby residents, could not be reached for comment.