One of downtown Miami’s hottest nightclubs is taking legal action to have citations for noise “audible more than 100 feet from the respondent’s property” dismissed.
According to a recent Miami Herald story, residents of downtown’s tony high rises are living “in hell” because of the decibel levels coming from the rooftop clubs that shake the windows.
As a result of pressure from homeowners, local authorities began enforcing the noise ordinances and downtown Miami nightclub E11even was issued citations on May 27 and 28. The motion to dismiss the citations claims that they were “improvidently issued and are facially violative of the city’s ordinance against audible music escaping from business structures in the evening.”
The motion explains that the alleged violations are based upon a code inspector allegedly being able to hear music emanating from the business between the hours of 11 p.m. and 7 a.m. at a distance of 100 feet. But what is missing, it claims, is the noise being heard from within a neighboring dwelling, hotel or residence.
So, just because the inspector could hear the music from the street doesn’t mean residents of neighboring condos were necessarily being bothered inside their homes.
The owners of 29 NE 11 Street, LLC and the operators of E11EVEN and The Rooftop hired attorney Louis J. Terminello to represent the club in the matter. In a statement, he explained that the club has made efforts to work on the noise issues.
Since the weekend the first violations were issued, my client took immediate remedial measures and met with the area resident representatives a number of times and is undertaking a comprehensive sound measurement study and, to date, no further violations have been noted.
Buried in all the legal speak is Terminello’s assurance that E11EVEN’s owners are just trying to make things right: “The filing of legal documents should in no way be interpreted as an adverse move toward the residents, whose concerns we understand and appreciate.”
So E11EVEN hears you, downtowners. But they aren’t going to pay these fines.