Shady Park: Tempe music venue loses legal battle against retirement home over noise
Shady Park: Tempe music venue loses legal battle against retirement community
The restaurant and music venue in Tempe is now being forced to end live music earlier in the night, and turn down the volume, after a judge ruled in favor of a retirement community that complained about noise. FOX 10's Marissa Sarbak reports.
PHOENIX - Shady Park, a popular restaurant and music venue in Tempe, will now be forced to end live music earlier and turn down the volume because of complaints from a retirement home across the street.
A judge ruled on April 13 in favor of Mirabella at ASU, a retirement community that opened in December 2020. Back in 2021, they filed a lawsuit against the venue over the "excessive" noise.
Shady Park representatives have said that the city of Tempe has not issued a single noise citation to the Mill Avenue venue.
Under the ruling, music can still play, but they will have to wrap up by 11:00 p.m. on Fridays and Saturdays, and 7:00 p.m. on Sundays. In addition, music volume will have to be lowered. Typically, concerts happen on Fridays and Saturdays from 9:00 p.m. to 2:00 a.m., and until 9:00 p.m. on Sundays.
Maribella, Shady Park issue statement
Statement from Mirabella:
We appreciate and respect the Maricopa County Superior Court’s time and decision in favor of Mirabella at ASU and its residents. This ruling provides relief to Mirabella residents and the surrounding community who have been harmed by Shady Park’s excessive noise…. We hope the court’s ruling results in peaceful coexistence moving forward and a celebration of a community that is inclusive and respectful of all.
Statement from Shady Park:
This ruling will force Shady Park to cease all live music operations immediately as the restrictions mandated make it impossible for us to hold live music events…we strongly disagree with the findings and we will be appealing.
If upheld, Shady Park will likely be forced to close its doors to so many of our friends, family, and staff members…While we never thought ASU would use its land for a retirement home, we are even more surprised that the profit center for the ASU Foundation would be deemed more important than the local community and culture that makes this downtown so special - so special that people that to build a high-rise retirement home across the street from us.
People react to ruling
Protest against judge's ruling on Tempe music venue's dispute with retirement home continues
Officials with Shady Park say they are being forced to end live music earlier in the night, and turn down the volume, after a judge ruled in favor of a retirement community that complained about noise. Meanwhile, people are speaking out against the ruling. FOX 10's Marissa Sarbak reports.
Some Tempe locals reacted negatively to the ruling, saying that it takes away one of the main appeals to the restaurant.
"This is a great venue for music, it’s a great place," said one resident. "It’s a great place for students and all those who live around in Tempe to come and enjoy. To hear that one of the main appeals is no longer something that they can service is sad."
Shady Park says this is not the end of the fight, and they do plan to appeal the judge's ruling.
On April 15, a protest was scheduled against the ruling.
"We are here to make some noise, to let them know that this is a place where noise is going to get made, and it’s never going to stop," said Ant Airdo. "I’m sick and tired. I don’t want to see another venue get shut down. It’s not right, it’s not what I live here for, and I’m going to stand up for it."
If the judge's decision is upheld, officials with the venue say they will likely be forced to close their doors.
It has been noted that residents at Mirabella moved in during the pandemic, when concerts were paused at Shady Park.
"This was here first. If they want to change their lives, they want to move here and be in the beating heart of a thriving, loud downtown arts community, then they need to accept that, change themselves, and embrace the fact that they live here now," said Airdo.
We have spoken with residents of Mirabella about the ruling. While they did not want to go on camera, they say they are happy with the judge's decision, and can now live in peace.
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