For months, a task force has been attempting to revise and amend the existing noise ordinance that prohibits noise over a certain decibel level. This was precipitated by the (almost) arrest of the To Be Continued Brass Band on Canal Street. When the current administration looked at the noise ordinance, the consensus was that it was so old, and amendments had been cobbled on so many times over the years, that much of it was irrelevant and contradictory, and that it would be better to evaluate the current ordinance, and then start from scratch. The task force meetings (some of which I attended) included residents, neighborhood organizations, representatives of the VCPORA, musicians, representatives of local social organizations (i.e. Mardi Gras Indians and second line parade organizations). Over months of testing sound with decibel meters, and many meetings to evaluate possible changes to the ordinance, a draft is ready for public discussion.

It occurred to me that there were few, if any, businesses involved in re-crafting the ordinance. Perhaps that’s because the biggest problems have been generated by businesses on Bourbon Street. The noise generated on Bourbon seems to have colored the attitude of almost everyone who lives in the Quarter: “We don’t want that here, so therefore we want to prohibit music in the Quarter.” One of the big problems that’s been cited by all people involved is the lack of enforcement by the police department for businesses—particularly on Bourbon Street—who break the current law.

Robert Watters, owner of Rick’s Cabaret New Orleans, who heads up an alliance of Bourbon Street businesses, has read the draft of the new ordinance and sent me an email with his comments:

“An offense would be committed by a Bourbon Street club if:

1)     Noise inside the business was in excess of 85 dB (no more trumpets, horns or drums) measured right at the instrument. This also affects the Superdome and noisy restaurants (had lunch at Galatoire’s on a Friday lately?) and may indeed give the police the authority to declare that visitors to Bourbon Street need to disburse because they’re having too much fun. Typical crowd noise on Bourbon Street can exceed 90 db.

2)    Noise outside the business at the windows was in excess of 85 dB.

3)    Noise is heard at a residential property line. Many businesses back up to residences. Now the standard goes down to 60 dB after 10 pm (my cat purrs louder than that).

4)    Music was “plainly audible” on a neighboring residence (defined to include any perception of sound) after 9 pm (many of the properties have patios).

5)    Additionally if it’s “not feasible” to use a sound meter, then you are guilty of a violation if a “reasonable man” feels that you have unreasonably affected his ability to enjoy his property.

6)    Music that creates a vibration in a residence after 10pm is illegal. Definition is so vague that it may mean that you are creating a vibration if a sound meter can pick up any sound.

7)    Ten residents of the French Quarter (perhaps living half a mile away) could sign a petition and bring you before a hearing of the Alcoholic Beverage Outlet Board even if you haven’t received a ticket.

Is the 85 dB limit on its own reasonable? You have to remember that this is an OSHA standard and it applies requiring employers having to offer hearing protection; they have to offer it if 90 dB continues for more than eight hours; two hours at 100 dB. Most musicians use hearing protection, many businesses already offer hearing protection to people who work in a noisy environment; this is an area of federal responsibility.

It is impossible to play a trumpet or a saxophone or a drum at 85 dB. Also don’t forget that the street musicians are not playing on Bourbon Street; in the residential street the limit before 10 pm is 70 dB. That pretty much rules out street entertainment.

Other cities have ordinances with 85 dB limits. The San Antonio Ordinance does have an 85 dB sound limit but it’s measured from the adjoining property line not at the window. Because the French Quarter is built with residences and businesses side-by-side, the six-block Vieux Carre Entertainment District’s six blocks need special rules. Also, San Antonio doesn’t have the rich musical tradition enjoyed by New Orleans (gone to San Antonio to take in some good music lately? How about their Jazzfest or French Quarter Fest?)

The fact is that 30% of the budget is paid for by the hospitality industry, and Councilman Palmer has stated that some 60,000 people are employed by French Quarter businesses.

If this ordinance is enacted as drafted and evenly enforced I believe it would destroy our tourism industry. Eighty five percent of all visitors visit the French Quarter; 90% of those visit Bourbon Street. If we destroy our Entertainment District it will empty the Convention Center and the hotels and restaurants. A massive loss of employment and tax revenue will result. Can we afford this?

We need to be careful to construct a law that is simple (doesn’t have multiple impossible to measure punitive paths) and recognizes that Bourbon Street is a special place. We suffer right now because we do not have an easily enforced law and we definitely need a new law. Just not this law.

We’ve established a website neworleansformusic.com that will allow people to voice their opinions about this proposed draft.”

 

I see both sides of this dilemma. I don’t live in the Quarter; I live in Central City. I’m not subject to loud noise every night. However, I chose not to live in the French Quarter because I’m not interested in subjecting my private life and home environment to those “90% of visitors who visit Bourbon Street.” My contention has always been that if you choose to live in an urban entertainment area, then you have to put up with the problems, i.e. noise, that living in such an environment involves.

However, there are many folks who have lived in the Quarter for years;  the noise problems that exist today did not exist 20 years ago. There are abusers of the noise ordinance all over the city, but particularly on Bourbon Street, who need to be stopped. They are not only destroying the character of the Quarter and Bourbon, they’re making it impossible for people to live there and for legitimate businesses who are good neighbors to do business. These “scofflaws” and bad neighbors need to be penalized and stopped.

I spoke personally with Mr. Watters about the situation and we agreed that there needs to be a serious confrontation between the businesses who provide entertainment (not just on Bourbon Street) and residents who feel that they cannot abide the noise that’s inherent in living in or near an entertainment or tourist district. If we are waiting for both sides of this issue to come to a complete agreement, or to totally achieve their own goals, we will never accomplish anything positive for the city. In a democracy both sides agree to compromise so that the “whole” can function harmoniously. Both sides needs to agree, at least in large part. If they cannot, then the city government needs to play Solomon and evaluate what’s best for the city as a whole in terms of its quality of life, its culture and its economy, tourist or otherwise. Nobody “wins” here. It’s all about compromise and doing what’s best for all of us.

And part of the agreement needs to include a serious plan for enforcement and a discernable punishment for the businesses who cannot seem to operate in a democratic way. We can’t all win. But we do have to live, work, and play together.