- LOUD SONG ON MUSI APP CAME ON IN THE MIDDLE OF THE NIGHT TRIAL
- LOUD SONG ON MUSI APP CAME ON IN THE MIDDLE OF THE NIGHT WINDOWS
"They had to demonstrate a likelihood of success on the merits," he says. Scott Zwillinger, the attorney handling the case for Shady Park, says that's a good sign for the club.
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In addition to filing a lawsuit, Mirabella requested a temporary restraining order, which the court declined to grant in a hearing on Nov. "Performers and EDM fans come from all around the United States," he says, "to experience this music the way it's meant to be played." Request for a temporary restraining order against the club was denied Where Shady Park is now, he says, is "the exact right location" for a venue catering to fans who like a type of music that requires volume. "What would the reasonable expectation be? The reasonable expectation would be there's gonna be a lot of complaints and people are gonna be deeply unhappy because it's not the right location," Leibowitz says. He feels putting a senior facility right across the street from Shady Park is a bit like deciding to open an EDM venue in Sun City West. "Mirabella showed up, built an ill-advised senior center across the street from a nightlife venue in the middle of an entertainment district and started shouting at everybody to get off their lawn," Leibowitz says. "This is not a silent cul-de-sac, and all of a sudden Shady Park cranked up Sasha and Digweed or something." Shady Park has been in the neighborhood since 2014
LOUD SONG ON MUSI APP CAME ON IN THE MIDDLE OF THE NIGHT WINDOWS
"Students are walking to nightclubs, walking home, going to restaurants, moving around, there's traffic Friday night, Saturday, people are playing car stereos with the windows open, things like that," Leibowitz says. There's student housing right across the street. This is not a loud area simply because Shady Park is there." "Anybody who came down there at 11 o'clock on a Saturday night and stood there would be very well aware of what the neighborhood is about. "It's a pretty raucous neighborhood," Leibowitz says. Leibowitz said neither of the hotels flanking Shady Park - the Canopy by Hilton or the Westin Tempe - have complained about the volume. Mirabella/Shady Park history: As live music returned to Shady Park in Tempe, its new neighbors complained about the noise 'It's a pretty raucous neighborhood'ĭavid Leibowitz, a public relations consultant for the venue, says, "It defies belief that this is what they think is appropriate grounds for a lawsuit."
LOUD SONG ON MUSI APP CAME ON IN THE MIDDLE OF THE NIGHT TRIAL
5 hearing. The case is expected to come to trial on Feb. The senior living facility also requested a temporary restraining order, which the judge denied at a Nov. fueled by lifelong learning and collegiate energy."Īt the time, with COVID-19 cases reaching record numbers, Shady Park was closed, which meant no speaker-shaking bass drops on the weekends.īut since Shady Park's reopening in May, the noise that often comes with that collegiate energy has been at the heart of an ongoing battle between the club and residents of Mirabella at ASU saying they can't sleep on weekends.Ĭiting " Shady Park’s unnecessary and excessive noise," Mirabella filed a lawsuit with the Maricopa County Superior Court requesting an injunction to prohibit Shady Park from "emitting noise that exceeds Tempe’s community standard." Or so it seemed until a 20-story senior living high-rise moved in right across the street in late December 2020, billing itself as "a truly unique retirement experience.
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It is an ideal setting for that type of music - bordering the campus of a school known for partying, Arizona State University.
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In the seven years since Scott Price opened Shady Park Tempe on East University Drive just off Mill Avenue, the indoor/outdoor venue has become one of the Valley's hottest destination spots for fans of electronic dance music.