Mirabella nursing home, residents sue Shady Park for loud music



Shady Park’s new neighbors say late-night EDM concerts are ‘unnecessary and excessive noise’, and residents are now asking judge to apply lower volumes

Mirabella at ASU, a high-rise luxury retreat complex on Mill Avenue, sues Shady Park for its loud electronic dance music concerts, claiming that live music has a negative impact on the health and well-being of residents .

The complex, along with several residents, demand that the place reduce its bass emissions and stay under the limits of the city’s noise ordinance, which two private “acoustic experts” have found the place to be in violation, according to filed documents by legal representatives of Mirabella in Maricopa County Superior Court in October.

Mirabella has applied for a temporary injunction and a preliminary injunction which – if the judge approves – would ban Shady Park from emitting noise above a certain level set by the city code.

But the city of Tempe has yet to issue a noise violation for Shady Park, and only Mirabella residents are complaining, according to documents filed on behalf of Shady Park in response to Mirabella’s request.

Mirabella said in a statement that she has worked with Shady Park for seven months to resolve the “unnecessary and excessive noise” of the place, but is now seeking an injunction “to protect the health and well-being of our residents. “.

According to the documents Mirabella submitted, her residents, all over the age of 62, suffer from sleep deprivation and increased anxiety from the “thumping and throbbing” music. Some residents described the noise as “unbearable,” and one reported that his electric bed would turn on and adjust in the middle of the night due to bass vibrations.

Tempe Police investigated the noise complaints and found “the music was at a reasonable level” while the officer was in one of Mirabella’s apartments, according to a police report included in the submitted documents by Shady Park.

Scott Price, owner of Shady Park, said in a statement his site was very disappointed that Mirabella decided to file a complaint. “For months, we have voluntarily devoted a lot of time, energy and financial resources to attenuating all of the sound coming from Shady Park.”

Residents began moving into the newly completed retirement home in December 2020 during a peak in COVID-19 cases and a lack of live music. Six months later, Shady Park resumed hosting concerts after a 14-month hiatus, and complaints from Mirabella residents quickly followed.

In June, Shady Park job about the noise complaints they were facing from their new neighbors and the “aggressive campaign” launched by residents to try to stop the live music. Fans flocked to the site’s defense; they started a change.org petition at #SaveShadyPark that collected 5,000 signatures in one day. Tempe officials were working with the site “to find a long-term solution,” the press release said.

In July, Shady Park interrupted live music to implement sound attenuation measures. The venue added an awning to the outdoor music area, acoustic panels and other materials intended to reduce ambient noise outside, Price said. Live concerts resumed on September 9.

In the two months the venue was closed, Shady Park paid staff salaries and spent around $ 300,000 to install the structure, according to court documents.

READ MORE: Residents of a retirement complex unhappy with the music of a venue near Mill Avenue

Documents submitted by Mirabella show that she partnered with two separate acoustic experts “who collected and analyzed acoustic data regarding excessive noise from Shady Park” from mid-September to early October.

Acoustic experts found Shady Park’s decibel limit to exceed the city limit “at least 159 times” over three weekends, according to the complaint.

“I’m originally from New York and lived and worked in Manhattan for several years, in a block with a pub around the corner and a fire station down the street, and I never had to deal with this level of disruption to my work and sleep. I’m not trying to shut down Shady Park “, Edward Kavazanjian, Mirabella resident and Regent Professor at the School of Sustainable Engineering and the Built Environment, said in a written comment. “I’m just asking that they comply with the law.”

Despite the findings of Mirabella’s acoustics experts, Shady Park has never been cited for violating Tempe’s noise ordinance, according to Price and the response filed on behalf of the venue.

Turning down the volume is not an easy solution either.

“Turning down the volume of the music would affect the quality of Shady Park’s product and deter customers from attending the events,” the lawyer representing Shady Park wrote in the response. “In turn, artists would be less willing to perform at Shady Park if they had to compromise their art by playing music that couldn’t be heard in the din of the crowd or was of poor quality compared to other places.”

Shady Park says it’s a product of the location. It has been in the same location for seven years and noise has never been a problem for other surrounding businesses.

“We have never been cited for noise by the Tempe Police Department,” Price said. “We had no complaints from the hotel next door and the adjacent tower, which are actually closer to Shady Park than to Mirabella.”

The 20-story retirement complex is on the corner of University Drive and Mill Avenue, about 100 feet from Shady Park, and one block from a street lined with nightlife bars and clubs.

“We are doing everything we can to be good neighbors here,” Price said. “It is unfortunate that Mirabella chose a location in the middle of the urban core and entertainment district of Tempe, and now wants her neighbors to accommodate their demands.”

Mirabella offered to pay all sound attenuation costs for the venue, and she spent over $ 1 million on window upgrades to attenuate sound, according to a Mirabella. Web page dedicated to the noise of Shady Park.

The original lawsuit was filed Oct. 15 against Diamond Juice, a Tempe talent buying and production company that helps put on Shady Park shows. An amended complaint filed on October 28 replaced the defendant with Peacocks Unlimited LLC, the company that owns Shady Park.

The first hearings of the case, a return hearing and a plea were scheduled for November 5.

“As an ASU graduate, I love college,” Price said. “I do not see them as the enemy in any way. But unfortunately we were drawn into this trial, and now we are forced to defend ourselves.”

Senior journalist Morgan Fischer contributed to the writing of this article.

Contact the reporter at alcamp12@asu.edu and follow @Anna_Lee_Camp on Twitter.

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