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Phillippe LaVere

Phillippe LaVere


Last Updated: 9/15/2009

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Gender: Male
Status: Single
Age: 56
Sign: Taurus

City: AUSTIN
State: Texas
Country: US
Signup Date: 3/20/2007

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Wednesday, April 15, 2009 

Category: Music
By Nice                                                                    
April 14, 2009 4:34 PM
I guess we are the “Live Music Capital of The World*”
*=live music not included.
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By Deanna                                                                                                                                           
April 14, 2009 4:41 PM |
How sad. :-(
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By Wes                                                                                                                                           
April 14, 2009 4:41 PM |
Live Music Capitol of the World, huh?
Is this Dallas or Austin? It will be Dallas soon if this nonsense keeps up, if the music is too loud, maybe it is time for you to Move Out…
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By ash                                                                                                                                               
April 14, 2009 4:41 PM |
how can Austin be considered the live music capital and then create this new ordinance that is costing us our live music? whats next to go…?
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By NSpan                                                                                                                                            
April 14, 2009 4:43 PM |
sad
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By Joe                                                                                                                                            
April 14, 2009 4:44 PM |
Good. Glad you shut down. You never followed the city rules anyway. Dont let the door hit you on the way out.
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By contemplativefrog                                                                                                                        
April 14, 2009 4:44 PM |
Perhaps the City Council should consider a variance procedure whereby the 70 decibel limit could be waived with the support of the immediately surrounding community…. This variance procedure could be limited to noise in primarily residential communities (i.e., exclude entertainment districts which are probably subject to different restrictions anyway). A verified petition of supportive neighbors and a rubber stamp is all that would be required. If the ambient sound of the restaurant was already approaching the noise violation limit, the limit is simply too low.
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By Mark
April 14, 2009 4:48 PM |
Keep Austin weird WOOOOO!!!
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By George
April 14, 2009 4:50 PM |
“Live Music Capital of the World”. This proclamation has NEVER been true and it’s time for the Chamber of Commerce to withdraw the stupid slogan once and for all. Also, Club Deville can no longer have live music past midnight because the condos across the street (remember the ones who wouldn’t cause a problem because there was a noise clause written into their contracts?) wasted no time in calling the police to complain…and we all know who APD is going to side with, every time. Gotta love the hypocrisy of it all. I’ll be dwelling on that as thousands of Republicans teabag themselves tomorrow head-******* into the butt of yet another huge joke at their own expense.
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By southside
April 14, 2009 4:52 PM |
Welcome to the Live Music Capital of the World!
Would somebody people tell these Johnnie-Dallas’ and Cali-folk that when you move to this town, especially downtown and south Austin, you need to expect and accept crowds, loud music at all hours, and revelry. We don’t have strong neighborhood associations/rules in the city and we like to keep it that way!
….But wait, the City Council is on their side (again).
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By Janis
April 14, 2009 5:01 PM |
Why don’t we hear more about this in the news before this happens? If the people of Austin had a say in the vote we could stil enjoy or music.
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By Bummed
April 14, 2009 5:08 PM |
A vocal few spoil it for the many. Selfishness and narcissism at its finest!
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By rob
April 14, 2009 5:09 PM |
That sucks! Austin is supposed to be the live music capital yet they keep harassing venues.
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By whoa
April 14, 2009 5:11 PM |
Let’s just go back to the way it was before. Shut down the music venues and bring back the the prostitutes and drug dealers!
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By Michael
April 14, 2009 5:14 PM |
What this blurb fails to mention is that the base noise level the officers took without any music playing was 67dB. I have also heard that the 70dB limit was only recently established (the previous level was 85). I don’t blame the APD for enforcing the laws we give them. The city council needs to make it a priority to re-examine this foolish noise ordinance before it destroys a vital part of Austin.
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By mary
April 14, 2009 5:14 PM |
Please don’t tell me the Travis Heights Nazis have expanded their so-called anti-aestheic incluence to South First! And of course, City Clowncil & APD will bow to their demands once again!
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By Bob
April 14, 2009 5:16 PM |
The article isn’t very informative. What time was the warning issued? Has Freddie’s ever received any warnings or complaints in the past? What kind of neighborhood is Freddie’s in? Was Freddie’s booking music before the residents came or vice
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By A Texan
April 14, 2009 5:17 PM |
How sad for Austin, it’s a shame to see things heading in the dirrection they appear to be.
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By Beth
April 14, 2009 5:17 PM |
Great. 200 musicians just lost their jobs. Does anybody in City Hall realize that the noise ordinance is causing unemployment? Moreover, do they care?
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By Mike H
April 14, 2009 5:19 PM |
Another victim of the Au$tin City Council selling out this town’s heritage for idiots who think an urban, central area of a large city isn’t supposed to be noisy. These people should be made to live in the downtown of a really big city to see what real noise is. Getting these urban posers to GTFO and take their complaints with them would be a start.
Alternatively, the people who made Austin a place worth living in could wake up and vote the idiots running this town out of office.
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By mss
April 14, 2009 5:20 PM |
@southside We aren’t from California or Dallas and we were here long before the noise and crowds (since 1974). No one should “expect…loud music at all hours” much less accept it. We’re just ordinary working people who have to get ourselves and our kids up early in the morning to go to work and school.
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By EastAustinite
April 14, 2009 5:23 PM |
Looks like the old crotchety hippies in South Austin aren’t quite as “hip” as they used to be. Here’s a hint: take out your hearing aids and the live music everyone else enjoys won’t bother you anymore.
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By TravelingTex
April 14, 2009 5:24 PM |
This is absurd, and the news (to me) about Club DeVille is infuriating. Freddie’s was hardly head-banging metal rock (note the toddler approaching the stage). I wonder which Johnny-come-lately complained. I’m a residence owner within three blocks of Freddie’s, and I don’t know any new condo developments/ McMansion owners who would complain.
Over on Congress, Botticelli’s, that noted venue for wild music, is already tip-toeing below the 70-db limit. Artists are constantly double-checking from the stage, and management has a db-meter handy that they’re using constantly. That venue was reported by the owners of a new bed-n-breakfast called the Kimber Modern on Circle Drive, right behind Botticelli’s (and 10K Villages, etc.) They moved into S. Austin to take advantage of the scene, and promptly disrupted the very scene that they’re advertising.
Back to Club DeVille: what about the clause in their contracts that “we understand there’s live music in this neighborhood, and promise not to complain…” Are the whiners actually residents, or the mysterious California Investors who don’t live there, anyway?
While we can’t blame the uniformed authorities for merely enforcing this stupid law (the F.D. has to respond to crowd complaints, etc.), we need to hammer City Council to pull their heads out of their posteriors.
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By deko
April 14, 2009 5:26 PM |
A chart here:
http://www.gcaudio.com/resources/howtos/loudness.html
Shows the decibel level for a normal concversation to be 60-70 db.
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By Brad
April 14, 2009 5:28 PM |
what’s wrong with just monitoring it and keeping it between 60-70 decibels? why does it have to be so loud? Freddie’s isn’t on 6th street, its surrounded by residential. obviously the owner wants to get people riled up about the 70 decibel restriction by canceling all shows, and not just lower the volume and live within the restrictions. My god, the horror of not having music blaring all the time.
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By TravelingTex
April 14, 2009 5:31 PM |
@mss: If you didn’t complain about Freddie’s noise, then you have the right to protest “loud music at all hours” - that assertion is exaggeratedly out of place, and illegal as well.
If you’ve truly lived in Freddie’s neighborhood since 1974, you’re not still putting kids to bed and getting them off to school, so that’s exaggeratedly out of place as well. (Running a child-care facility? Can we check your license?)
If you complained about Freddie’s noise, then you should move, NOW, to the nursing home. There’s more noise in rush-hour traffic at S. First and, say, Annie, then there was coming from Freddie’s patio.
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By Phillippe LaVere
April 14, 2009 5:31 PM |
For all the people who commented on just how horrible this travesty is, I would like to know one thing: How many of you went to the Austin Music Commission’s open discussion of the NEW NOISE ORDINANCE at Momo’s almost 2 years ago? How many of you attended a single meeting of the so-called “Live Music Task Force” over the past year? How many of you were aware that the push to change the noise ordinance started over 2 years ago? No one? Well, that is just the way THEY want it. I tried to warn people this was coming….
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By spam
April 14, 2009 5:34 PM |
if i was the owner of that place I’d turn it into a sleazy store just to piss of the neighborhood
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By Two Shots and a Chaser
April 14, 2009 5:41 PM |
I’d like to hear what our candidates for mayor has to say about this….. Hint… hint statesman Those three so far have done nothing to impress me for my vote
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By Rob
April 14, 2009 5:43 PM |
Freddie’s should not be the rallying cry for the pro-live music crowd. First, the location is right next to Jovita’s, which has been a live music venue for years and they still play music. So it’s not the uppity neighbors. Second, Freddie’s built the stage outside right next to the creek almost facing the neighborhood and houses. Music blares right into the neighborhood. I was always surprised they got away with that in the first place.
Finally, I don’t think any of the people complaining would be happy if someone opened a restaurant next to them and built an outdoor music stage facing their house. Live music has a place but it’s not outdoors in a residential neighborhood.
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By Austinite
April 14, 2009 5:43 PM |
It’s so sad to see Austin lose so many things that make it special. This is why we love Austin. Keep Austin Weird, not Keep Austin Quiet.
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By Soauman
April 14, 2009 5:43 PM |
The cops do not just show up to test the noise. Someone had to have called and complained….
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By Sondra
April 14, 2009 5:44 PM |
I’ve been there when there was music and while I enjoyed it, I felt for the neighbors who must surely want to enjoy their homes without constant noise intrusion.
That said, why not unplugged, or with a very small amp? I’d love to go to a restaurant with live music and still be able to talk, and that would achieve that goal.
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By Austism
April 14, 2009 5:45 PM |
Did you know it’s been said that the city only has a handful of db meter? Officers coming out to noise complaints more often than not do not have a meter handy.
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By Markie
April 14, 2009 5:55 PM |
Some of the commenters here are ignorant fools who blame the first people they can think of - condo dwellers. If you ignorant fools spent a little time of your day doing something productive instead of blaming people, you might get a grasp on reality. If you had taken part in the sound ordinance task force you’d understand that the folks complaining about loud music are those who live south of the river in Travis Heights, Castle Hill and near Zilker park.
The people who are the enemies of live music in Austin are the old-school homeowners south of the River. Jerks like Jeff Jack, their ring-leader. And pandering city councilers like Mike Martinez and Leffingwell and Laura Morrison. Total tools.
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By Scott Unzicker
April 14, 2009 5:56 PM |
Phillippe LaVere - I was there @ Momo’s. I was even interviewed by News8Austin after grilling Ace about enforcement tactics. I pay my rent making music, and I’ve been consistently extremely vocal about my opposition to anything restricting my ability to make a living. To Brad: Do you realize that a good conversation is around 70db? Having someone singing without a microphone accompanied by an acoustic guitar, again, sans amplifier, will generate far more than 70 db. It is an unrealistic limit, and is an underhanded, officious means to shut down live music in outdoor venues.
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By Josh
April 14, 2009 6:00 PM |
This is sad. The reaction of the management at Freddie’s Place is completely over the top.
Residents were justified in their complaint because the music location is extremely close to their houses. I feel for them.
I like the restaurant and am a frequent patron (the food is good), but their music is played entirely too loud. Most patrons actually moved far away from the stage when the music was playing. The restaurant will continue to prosper economically without music as this may make customers happier.
I feel a better solution would have been to continue the performances, but to just tone down the volume to legal levels. The venue for music is small so it does not need to be very loud for customers to hear. I guess that there is usually a disconnect between the volume at which performers like to hear their music played and the level suitable for the majority of patrons and nearby residents.
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By Lee
April 14, 2009 6:24 PM |
70 decibels is pretty ridiculous - only as loud as a vacuum cleaner? Some petty, crotchety, homeowner must have nothing better to do. Like they didn’t know there was music there when they bought the house? They ought to sell their house and move to the suburbs where it’s a little more quiet and lame.
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By in78756
April 14, 2009 6:40 PM |
What trash. If you have an issue with the music, move! I’m sure there is someone to take your spot in 78704 in a heart beat. Seriously, what trash!
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By Willie
April 14, 2009 6:49 PM |
This is keeping with Obama’s gestapo approach to us. They are taking over and nothing can be done about it because you idiots kept buying into the liberal garbage for years. So enjoy the beginnings of a totalitarian government. It’s here.
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By Michael Corcoran
April 14, 2009 6:53 PM |
Austin did not get its reputation as a live music mecca because of restaurants in residential neighborhoods hosting live music on their patios. That’s just inconsiderate. I live about 100 yards from Romeo’s on Barton Springs, which tried putting bands on the patio. It was so loud I couldn’t even watch TV. I called and said ‘you’ve gotta be kidding’ and was told that the music was up to noise code. Thank goodness it no longer is. Restaurants should focus on food and leave the live music to the clubs the scene is built on.
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By Hugh
April 14, 2009 6:53 PM |
I wonder if we can find out who made the noise complaint.
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By Concerned
April 14, 2009 6:56 PM |
If you move next a bar that has an outside venue, you should expect music to be played outside. Certainly the case of the squeaky wheel ruining it for the rest.
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By Hookem
April 14, 2009 6:59 PM |
Move away from down town if you have a problem with music being played at any level. This is supose to be the Live music capital. That law is so stupid and out dated. Freddies is a great place. It’s sad our outdoor music and even our indoor music is being effected by a few a-holes that live to close to music venues in the live music capital. Move away from down town if you don’t like the music HECK LEAVE AUSTIN
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By Matt
April 14, 2009 7:06 PM |
Can I have some cheese with that whining? Move to Round Rock!!
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By stephen
April 14, 2009 7:07 PM |
What a joke……Austin Tx ,the ultimate liberal utopia.
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By TravelingTex
April 14, 2009 7:07 PM |
@Markie: There are very, very few homes within earshot of Freddie’s Place - there’s a mortuary service next door, then the Glassy Knoll, then the law office/real estate office. Across the creek is the McMansion whose owner abandoned the project, and which is really an eyesore. I walk there - I know.
Second, Fred was NOT “completely over the top” in stopping music. He had just been threatened with continued legal action, including arrest of his employees, and chose not to be harassed by the same crotchety caller. Reasonable call.
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By Amazed At The Stupidity
April 14, 2009 7:08 PM |
To the imbeciles suggesting that homeowners living near Freddie’s shouldn’t have purchased homes knowing there was music nearby … exactly how long do you think Freddie’s has been at this location? Would you have us all believe the venue was there long before the homes or residents of this area? And to those who ASSUME the residents aren’t from Austin or must be so old they belong in nursing homes, you’re even bigger idiots. If you don’t have all the facts, keep your d**n mouth shut!
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By TravelingTex
April 14, 2009 7:12 PM |
Ooops, sorry on ya, Markie, I meant my last post for Josh. Here’s a response to your post: as I pointed out about Botticelli’s problems earlier in this thread, that complaint source is definitely a single, new business. However, the Club DeVille situation is apparently a result of condo complaints. And in Freddie’s case, it’s apparently a single, disgruntled caller; we’ll never know if that person is a homeowner or not. (And there’s no excuse whatsoever for a renter to complain about music - you CHOSE to live there.) There’s plenty of blame to go around.
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By SOUTHPARK MEADOWS
April 14, 2009 7:15 PM |
These residents were obviously not there when Southpark Meadows was a place to go to see live music, not to buy CDs. You are right on Nice. Live Music Capital of the World, just don’t turn it up too loud.
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By most don't live in austin
April 14, 2009 7:20 PM |
I’ll bet most of the people posting on here don’t even live in Austin….
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By Jimi
April 14, 2009 7:21 PM |
As long as the music doesnt go on during very late hours (after 10pm on weekdays, midnight on weekends), I dont see what the problem is. Sounds like the person that called the cops on them has nothing better to do with their life than to take away the fun of others. Sad, pathetic life they must live. 6:55pm on a Friday? Seriously? YOU ARE PATHETIC!
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By redamber
April 14, 2009 7:26 PM |
Reading this has ruined my day. My boyfriend and I moved into the neighborhood about a year ago…pretty much right behind Freddie’s. One of the biggest selling points for us was being able to listen to live music from our front and back porches. We moved here to get away from the HOA rules and whiners about this and about that…we love the eclectic, anything goes vibe.
Being so close to Freddie’s, I happen to know it’s never that loud and the music is always family friendly and tame,plus they end by 9 0r 10pm every night…just hangin’ out music. We can close our doors and barely hear it…the rooster down the street is much louder! Why do you move downtown, expecting it to be like the suburbs? Its silly and selfish. We embrace it.
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By michelle
April 14, 2009 7:37 PM |
This is horse hockey. I’ve driven past clubs downtown that were blasting WAAAYY above 85 decibels - and yes, I was sober - I was driving a cab. And don’t even get me started on ACL. Somebody obviously has a hard-on for Freddie’s.
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By michelle
April 14, 2009 7:41 PM |
And why would you BUY a house right next to a restaurant or club in Austin? What does that say about the buyer?
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By lolo
April 14, 2009 7:45 PM |
The problem is bands are too loud. Otis Rush could destroy crowds with a small fender amp and no PA. If Austin bands could write songs with more melody and more pop, more acoustics, more tone, volume wouldn’t be necessary. When I go out to eat, a nice jazz band playing is fine. Today’s arena rock wannabe band is built around pure volume. Musicians need to study the discernable 60’s music and ditch 500 watt amps and hi-gain pedals. Link Wray could light up the town without the ear tearing and head pounding and leave you feeling like you really rocked. Basically: adapt to todays stage which is 70db and you’ll get all the gig’s.
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By Jon
April 14, 2009 7:55 PM |
Just move the venue’s to Highland Mall. That way nobody will care at all! Who care’s about DECIBIL LIMIT’S at THUG CITY MALL?
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By John
April 14, 2009 8:01 PM |
I have a beautiful condo downtown that I paid a large amount of money for. I moved here from California to get some normalcy, and as soon as I moved in, it’s like a rock band is in my bedroom on the weekends. My partner and I have difficulty having our quiet quality time together, and our little kitty seems to be stressed by all the noise. I’m glad to see the city cracking down on these hooligan hippies so they can take their music out to the boondocks where it won’t bother well-to-do folks like me.
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By Tom Jones
April 14, 2009 8:08 PM |
I’d like to know the name of the woman from southern california that called ADP 26 times to complain.
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By Yolanda Delgado
April 14, 2009 8:09 PM |
To Phillippe LaVere and Scott Unzicker-keep speaking truth to power and spread the word about “The Hustle for Mayor” event at Mohawk, 912 Red River on April 21 from 7:00 to 9:00 p.m. Lee Leffingwell and Brewster McCracken will be present to answer questions. It’s easier to complain than to actually show up, speak up and see what happens. Come on! How much more do we want to lose?
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By Tom Jones
April 14, 2009 8:21 PM |
I’d like to know the name of the woman from california that called APD 26 times to complain.
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By mk
April 14, 2009 8:39 PM |
Freddie’s is no great loss. They have almost no parking - you’re lucky if you find a place your first time around the lot, and crossing S. 1st to the lot across the road is iffy at times and I’m not even sure you’re supposed to park there. I’ve had issues with the food several times. Last time I was there the chicken fried steak was chicken fried tennis shoe AND they forgot the rest of my food. They didn’t charge me for it when I brought it up to them which was fair, but that was only after having to go looking for the waitress.
Other than that I’m all about the music scene. It’s crappy restaurants I can’t stand.
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By local
April 14, 2009 8:51 PM |
lol all of you “relax or move to the suburbs” types. how many of you have a residence that’s right next to a place playing outdoor music?
crickets
thought so.
not that i want to stop all live music here, but it’s very easy to be strident when someone else is shouldering all the burden.
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By jandean61
April 14, 2009 8:54 PM |
AUSTIN TX IS A DISSAPOINTMENT !!!!!! IM GOING BACK TO FL ! GO GATORS!!!!!!!
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By BT
April 14, 2009 9:13 PM |
I found this website, maybe this guy can help Freddie’s: www.austinbuildingpermits.com
I agree with one of the posts above, there should be a variance procedure where if the surrounding owners w/in say 300 ft sign a petition stating they do not mind 85 DB music, then staff administratively approves music permit. sounds simple to me…..
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By The Hungry Texan
April 14, 2009 9:21 PM |
Damn. Sorry Fred, I thought your place was really cool.
This is EXACTLY why I moved to Bastrop County. Hell, we can still smoke in most bars. Austin continues to run all the people out who made it so cool in the first place.
RIP you yuppie jerks.
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By roos
April 14, 2009 9:28 PM |
This is ridiculous. The city council needs to get off their rear ends and fix this problem.
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By Bee
April 14, 2009 9:34 PM |
How can you be the live music capitol without live music? LOL Who put the old people in charge?
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By Bee
April 14, 2009 9:38 PM |
First the backyard now this. Who wants another shopping center?
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By Freddie's Neighbor
April 14, 2009 9:41 PM |
There isnt a single resident in this area who lives closer than I do to freddies - I can tell you that the 85dB music was never at all a bother. In fact, I loved sitting out on my patio/deck/etc and listen to the music there. To be honest, while Ive never personally met Fred - I can fully say that his venue certainly never bothered me. If I didnt want to hear the music, I would shut the door and the windows and it was barely a whisper. I dont know how many times Ive been worken up at 1am from Jovitas propping the door open to their main music area blairing music out into the surrounding neighborhood - to me, thats the larger problem.
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By katlyn
April 14, 2009 9:57 PM |
The thing is people move into areas that have existing live music venues. They then complain about it and get things like this shut down. If you are a person who does not like the noise then DONT MOVE THERE!!!! I dont know how long freddies place has been around, and this may not be true in this case, but it’s happening. People move next to places that have big events, or near an entertainment district, and then complain. It is silly.
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By Deanna
April 14, 2009 9:59 PM |
SXSW should threaten the city. Pulling SXSW would cost Austin millions
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By lopic
April 14, 2009 10:05 PM |
This is complete crap. You people are destroying Austin.
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By Phillippe LaVere
April 14, 2009 10:10 PM |
Scott - You and I are in the minority. Prior to the event at Momo’s, I sent out over 200 emails (all to people I actually know, most of whom have some direct relation to the music business in Austin)to try and rally people against the planned Noise Ordinance change. I was only able to get 2 people to respond. People I spoke to about the issue, were generally apathetic. Most said “they’ll never stop music in Austin”. But everything turned out as I feared - the new Noise Ordinance was passed (in part, due to the smokescreen of the Live Music Task Force), which cut the allowable volume by 50% (as I pointed out at Momo’s, 70db is HALF of the previous allowable volume of 80 - 85db), and as the real estate people and developers have hoped for years, they are killing the music business in Austin, so that they can get rid of those ugly clubs, and build more beautiful condos. I wish I had been wrong, but I wasn’t….
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By Paul
April 14, 2009 10:11 PM |
Boo Austin! This is a dog-friendly, music friendly, food-friendly locale. Perhaps, as the Joker said in the Batman movie, “this town needs an enema!”
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By Jon
April 14, 2009 10:22 PM |
I used my vacuum cleaner at 7:01pm. Since I used same past the hour, it was seized by WILCO with the assistance of a SWAT TEAM. My poor Hoover was all shot up.John Bradley said this was OK, since Jimmy Fennel is now in custody. One Adam 12, see the man, code 2!
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By Kim
April 14, 2009 10:23 PM |
This is truly ridiculous! I think they should go and knock on the doors of everyone mowing their lawn around there and tell them they are in violation of the noise ordinance.
Something REALLY must be done about all of this.
How is it that a few grouchy people can ruin everyone’s fun?
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By duran
April 14, 2009 10:26 PM |
People take out all the fun of things! Just let people be happy, make money and live life!!!!!
By Johann
April 14, 2009 10:29 PM |
Protest idea: Gather a couple hundred folks armed with cordless vacuum clears and cleaners, fifes, and drum and march around City Hall.

Wednesday, April 15, 2009 

Category: Music


Noise rules silence Freddie's live music


Clarified ordinance means restaurants will have a tough time meeting decibel limits.



AMERICAN-STATESMAN STAFF

Wednesday, April 15, 2009

For Fred Nelson, owner of the South Austin burger and live music mainstay Freddie's Place, Friday was "the day the music died.

"That's when an Austin police officer visited and announced that the music exceeded 70 decibels, the noise limit for restaurants that, though established in the mid-1980s, has not been enforced until recently.

That was a warning. If it happened again, the officer cautioned, the restaurant could incur a $500 fine, and a third offense might lead to arrests, Nelson said.

So Freddie's won't have live music anymore. The restaurant immediately canceled 83 bookings through the rest of the year.

"I can't put my staff at risk of being arrested," Nelson said.

According to city ordinance, restaurants like Freddie's cannot have live music that exceeds 70 decibels. At downtown outdoor music venues, the limit is 85 decibels.

Eighty-five decibels is equivalent to the noise from a diesel truck or lawn mower. The typical vacuum cleaner puts out about 70 decibels, according to the National Institutes of Health. Normal conversation is 50 to 65 decibels. Prolonged exposure to anything above 85 decibels can cause gradual hearing loss, federal officials say.

Nelson said that in two decades of operating restaurants in Austin, he has always been held to the 85-decibel limit — until Friday.

"It's ridiculous. I'm talking to you right now at 70 decibels," Nelson said. Having an ordinance that requires 70 decibels "precludes having live music," he said.

There has been confusion in recent years over which decibel level applied to restaurants, leading the Austin City Council to clarify the situation in February.

"The 70-decibel requirement has actually been on the books for more than two decades — since 1986," Council Member Mike Martinez said in a statement. "Our action in February brought all of the relevant sound requirements to one place within our City Code so that there would be better understanding."

Freddie's, which is on South First Street and backs up to West Bouldin Creek, had live music — featuring mostly local and up-and-coming acts — three or four times a week, ending about 9 p.m., Nelson said. Music was piped through speakers inside the restaurant instead of through large amps blaring from the stage, and Freddie's did not book bands with huge drum kits, he said.

The Police Department has received seven complaints about noise at Freddie's since Feb. 26, including a call at 6:55 p.m. Friday that prompted the visit from an officer, spokeswoman Anna Sabana said. The Friday caller asked that officers return the call and provide a decibel reading from the restaurant.

According to department records, police did not issue a citation because the business owner told police the band would stop playing.

Martinez promised to return to the noise issue in hopes of preserving Austin's reputation for live music.

"Recent enforcement of the 70 decibel limit for restaurants has hit some folks hard, and our efforts to seek clarity and consistency were never intended to shut down music," Martinez said. "In the coming days, I am going to be doing all that I can to help provide affected restaurant venues with options and information so we can ensure live music stays integral to the fabric of Austin."

Joel Self, manager of Güero's Taco Bar on South Congress Avenue, said he's aware of the recent enforcement of the 70-decibel rule. His restaurant hasn't been cited, and although music there usually exceeds 70 decibels, Self said the restaurant always tries to keep it under 85.

"The noise of the crowd and the garden is over 70," Self said. "We do try to keep it as low as we can."

He also said there is more of a buffer zone between Güero's and residential areas than at Freddie's Place.

Nelson said he hopes the city can find a solution that pleases neighborhoods but also allows live music to thrive.

"I think the city will find itself between a rock and a hard place," Nelson said. "I don't know if they can turn it around, but I hope they will."

Saturday, February 02, 2008 

Category: Music
From Yoko's blog.....

ACROSS THE UNIVERSE

At midnight GMT (7pm EST) on the night of Monday 4th February, The Beatles' song Across the Universe will be the first ever to be beamed directly into space, NASA said.

Join us by listening to the song at the same time:

Feb 4th 03.00pm Anchorage
Feb 4th 04.00pm Los Angeles
Feb 4th 05.00pm Guatemala
Feb 4th 06.00pm Chicago
Feb 4th 07.00pm New York
Feb 4th 07.00pm Montreal
Feb 4th 08.00pm Rio de Janeiro
Feb 4th 11.00pm Reykjavik
Feb 5th 12.00am Liverpool & London
Feb 5th 01.00am Europe
Feb 5th 02.00am Baghdad
Feb 5th 03.00am Moscow
Feb 5th 04.00am Karachi
Feb 5th 05.00am Dhaka
Feb 5th 06.00am Bangkok
Feb 5th 07.00am Shanghai
Feb 5th 08.00am Tokyo
Feb 5th 09.00am Sydney
Feb 5th 10.00am Vladivostok
Feb 5th 11.00am Suva
Feb 5th 12.00am Auckland
Feb 5th 01.00am Kiritimati

The transmission of the song over NASA's Deep Space Network will mark the 40th anniversary of the day the band recorded the song. The song will be aimed at the North Star, Polaris, 431 light years away from Earth, and it will travel across the universe at a speed of 186,000 miles per second, NASA said.

In a message to the space agency, Sir Paul McCartney said: "Amazing! Well done, NASA! Send my love to the aliens. All the best, Paul". Yoko Ono added: "I see this as the beginning of the new age in which we will communicate with billions of planets across the universe."

Fans have been invited to participate in the event by playing the song around the world at midnight GMT on Monday night - the same time it will be transmitted by NASA.

The event will also mark 50 years of NASA, 45 years of the Deep Space Network and 50 years since the founding of Explorer 1, the first US satellite. A NASA spokesman said many of the senior scientists and engineers involved in the project were among The Beatles' biggest fans. Dr Barry Geldzahler, the network's programme executive at Nasa Headquarters in Washington, said: "I've been a Beatles fan for 45 years - as long as the Deep Space Network has been around. What a joy, especially considering that Across the Universe is my personal favourite Beatles song."

http://www.nasa.gov/topics/universe/features/across_universe.html


John Lennon on 'Across The Universe' (1980):

The words stand, luckily, by themselves. They were purely inspirational and were given to me as boom! I don't own it, you know; it came through like that. I don't know where it came from, what meter it's in, and I've sat down and looked at it and said, "Can I write another one with this meter?" It's so interesting: (sings) "Words are flying out like endless rain into a paper cup, they slither while they pass, they slip away across the universe."
Such an extraordinary meter... and I can never repeat it!
It's not a matter of craftsmanship; it wrote itself. It drove me out of bed. I didn't want to write it, I was just slightly irritable and I went downstairs and I couldn't get to sleep until I put it on paper, and then I went to sleep. It's like being possessed; like a psychic or a medium.


ACROSS THE UNIVERSE

Words are flying out like endless rain into a paper cup
They slither while they pass, they slip away across the universe
Pools of sorrow waves of joy are drifting thorough my open mind
Possessing and caressing me

Jai guru deva om
Nothing's gonna change my world

Images of broken light which dance before me like a million eyes
That call me on and on across the universe
Thoughts meander like a restless wind inside a letter box
They tumble blindly as they make their way across the universe

Jai guru deva om
Nothing's gonna change my world

Sounds of laughter shades of life are ringing through my open ears
Exciting and inviting me
Limitless undying love which shines around me like a million suns
It calls me on and on across the universe

Jai guru deva om
Nothing's gonna change my world
Jai guru deva


http://www.IMAGINEPEACE.com
Wednesday, November 07, 2007 

Category: Music
Tuesday, November 06, 2007 

Current mood:  aggravated
Category: News and Politics
TO:
Mayor Will Wynn
The City Council
City Manager Toby Futrell
The Austin Music Commission
Austin Police Dept.


FROM:
Phillippe LaVere
Host and Producer of Trendsetters
KUT - Austin, '81-'86, and KCRW- Santa Monica, '89-'91.
Aug. 17, 1986 was proclaimed Phillippe LaVere/Trendsetters Day by Mayor Cooksey


An Open Letter to the City of Austin:

I understand that once again, the City is considering a change in the Noise Ordinance to lower the allowable volume outside of our music venues.  I'm writing to urge the City to consider this proposal very seriously, due to the effect it would have on our town, both culturally, and economically.  I would like to suggest that the proposed change, would be disastrous for Austin.

However, before I describe the effects the new noise ordinance would have on our city, I'd like to point out some historical facts:

•    On Aug. 29, 1991, the City Council officially proclaimed Austin the "Live Music Capital of the World" as the "official slogan of the City of Austin, to be proudly displayed in connection with all correspondence, promotion, public relations, and publicity."  I should mention here that this document can only be viewed as a jpeg (a picture file).  Attempting to open it as an HTML document produced the error

404 Error -- File Not Found
The file you are looking for has a new name or is not on the Austin City Connection

http://www.ci.austin.tx.us/music/default.htm

•    "The Role of Music in the Austin Economy" was presented to the City of Austin on 9/25/01.  It included several items pertinent to the current proposal, which I have highlighted, in bold. Note that these are 2001 figures, and the amounts are much higher, now.

"…quality of life considerations are assuming an increasing role in corporate expansion and relocation decisions – since many firms can be located virtually anywhere, quality of life and its impact on the company's ability to attract and maintain the best possible labor force is a vital consideration. As a result, the arts have become a critical element in overall economic development planning, and are increasingly touted by those seeking to recruit and retain firms in Austin.

The measurable economic and fiscal impact of music in Austin is significant, as more than $616 million in economic activity, almost 11,200 jobs, and over $11 million in City tax revenues can be attributed to influence of music on the local economy. Perhaps even more important are impacts that are not as easily measured, especially the connection between technology and the arts. In the technology world, value initially is created through knowledge, either directly or imbedded in products. Among other things, this means that there are few geographic constraints on where many companies are located – since a software company can more or less be anywhere, it follows that the company will tend to be based where its management wants to be. This in turn implies that quality-of life factors that make a community attractive to a company's labor force assume a heightened importance, since the fundamental asset of any technology firm will always be the people who work there.

The full impact of certain regulations and ordinances is not always considered.

Fire code restrictions, noise ordinances, and parking policies are all examples of local regulations that have an impact on the music industry.

Designate an ombudsman to facilitate interaction between music activity and regulatory authorities.
This responds directly to the concern expressed about the unintended consequences of regulation."

http://www.ci.austin.tx.us/telecom/downloads/musicovr.pdf

To my knowledge, despite this recommendation that was made over 6 years ago, there is no such ombudsman with the City of Austin.  As you can see, the documents above are posted on the City's own web site.

I'm sure that there are some who believe that Austin does a great job of promoting itself as the "Live Music Capital of the World", but there are some more facts I would like you to take into account:

•    Neil Young: Silver and Gold is a film that was released in 2000.  According to the web site IMDB, this is a live concert film that was recorded at Bass Concert Hall, at the  University of Texas, Austin.  Yet, Neil Young did not return to Austin on his next several tours.  The next time he performed in our city, was several years later, in 2002, as a member of Crosby, Stills, Nash, & Young.  He has not been back since that time, and his current tour, following 3 sucessful cd's released in the space of a year, again does not include Austin.      
                         
•    Country Bluegrass Blues and Other Music For Uplifting Gormandizers – is the official name of the music club better known as CBGB's, in NY.  In 2005, there was a rent dispute involving the club.  The owner, Hilly Kristal, tried to have the club declared a historic landmark.  Eventually he decided to find a new location for the establishment, and even planned to ship the very walls of the club to the new spot.  It should be noted that Austin did not make any bid for the club's new home.  Mr. Kristal decided to relocate to Las Vegas,NV, but died this past August.  Supposedly, the club still has the OK to move to Las Vegas.
 
•    The Bob Dylan Show Summer '06 Baseball Tour - This show featured Bob Dylan and His band, Jimmie Vaughan with Lou Ann Barton, Junior Brown, Elana James & The Continental Two.  I have highlighted the Austin musicians included here.  Despite the Austin musicians, and Dylan's frequent collaborations with Charlie Sexton, and even the late Doug Sahm, among others, this show did not even stop near Austin. 

•    Ozomotli – I'm sure the City Council is familiar with the arrest of several members of the band during their performance at SXSW in 2004.  It should be noted here that at the time of this event, the band had one several Grammy awards, and were internationally known.  Here is how it is described on Wikipedia:

Ozomatli has performed three times at the Austin, Texas mega music festival South by Southwest, most recently in 2007.
In 2004 the group was confronted while performing outside of a club where they would later have a concert. Two members of the band, as well as the manager, were arrested. The charges were eventually dropped. After this, the band was scheduled to perform at the Latin Grammy Awards, where they were introduced by George Lopez: "And now, a band that is very excited to learn that their performance tonight counts as community service, Ozomatli!"

•    Austin City Limits – By their own admission, only 1/3 of the artists that perform on the award winning TV show are actually from Austin.

•    We have Antone's, a great, world famous venue of our own, but there is no House of Blues in Austin, no BB King's Blues Club.  We have never hosted The Grammy Awards , despite having an office of the National Recording Arts and Sciences – aka The Grammys -  right here in our city.

•    For the past few years, we have not had an independent "mid-size" venue, one which would hold over 1,000 people but less than 5,000.  As a result, artists who want to play to an audience of that size, have to play in San Antonio or Houston.  This draws vital revenue away from Austin's economy.

So, perhaps you can understand why I find these recent quotes frightening:

Residents "need a recourse, and they need the city to take this on.  If we leave it the way it is, then that means the music community has a lot of entitlement." - Saundra Kirk, Noise Ordinance Planning Commission

 "The proposed restrictions might prevent venues from booking certain music acts." - Teresa Ferguson, Austin Music Commission

Seeing these statements in the Austin American-Statesman brings back memories from the LAST time that a change in the noise ordinance was proposed, in 2002:

"To say 75 dB would put us out of business isn't spin; it's the truth." - Stubb's' Charles Attal in May 2002

"Every 10 decibels doubles the volume. Therefore, 85dB is not slightly louder than 75dB, it's twice the volume. At a glance, the numbers … seem like a minor adjustment, but in fact, they would have cut the acceptable volume in half." – Andy Langer, Austin Chronicle, 2002

Since 2002, development in downtown Austin has continued at breakneck speed.  New high-priced condos are going up every day.  Last week, Mayor Will Winn said that he expects "5,000 people to move into the downtown area in the next year".  If only half of those people are in new condos, which sell for 100K to 500K per year…well, you do the math.  There's a LOT of money to be made building condos.  And where are many of the condos being built?  Right on Red River, right near 6th Streer, where most of the music clubs are.

In 2005, the smoking ban went into effect in all Austin clubs.  But unlike the smoking bans in other major cities (even in the liberal bastion that is Los Angeles), if someone lit up a cigarette in a club in Austin, it wasn't the smoker that got the fine, it was the club.  That's the way the law was until it was challenged in local court.  Only since it was changed, has the  smoker been the one who is fined.   
 
In the 5 years since the last proposal, online blogs have become a staple of our modern world.  The hearing about the new noise ordinance hasn't even occurred yet, but you can already find blogs talking about how damaging this could be to the image and the economy of Austin, and most of the blogs aren't even local.  That's right, bloggers across the country have been writing about how stupid they think the new noise ordinance proposal is.  Not a good thing for the City's image.

This time, a Noise Solutions Committee studied the noise ordinance, with particular attention to outdoor venues and the residences nearby.   They  issued their report to the City's Planning Commission Codes and Ordinances Committee on Sept. 18.  It includes the following:

The NSC (Noise Solutions Committee) proposed to evaluate the implementation and progress of those solutions after six months starting October, 2007.

The C&O (Coding and Ordinances Committee) requested the NSC to continue its work by:
•Conducting a search of noise ordinances of other U.S. cities to compare with the Austin ordinance.
     
•Drafting an amendment to close a loophole in the Austin Noise Ordinance and proposing specific regulations for the relationship between Commercial Outdoor Amplified Music Venues and Residential Zoning.

•Outstanding Issues:
Treatment of music venues in the Central Business District outside the two downtown entertainment districts, East Sixth St. and the Warehouse District; whether there is the need for additional special exemption zones.

•Creation of a City Council appointed Task Force to go forward with a public process to revise or amend the noise ordinance.

•Increase collaboration with the Fire Dept. for crowd violations that directly contribute to noise and public nuisance problems.

Anyone who has seen the Los Angeles Fire Dept. interrupting live music (mid-song) to bring all of the patrons outside to have their IDs and age checked, will probably question the last suggestion.  Anyone who thinks that Austin already has a procedure in place for public involvement might question the need for a Task Force.  Anyone who thinks that there are plans to take over the area where many clubs are, might ponder the wording of "the two downtown entertainment districts, East Sixth St. and the Warehouse District".   

I should note that the report did study several other cities: Dallas,Houston, San Antonio, Boston, Boulder, Denver, Detroit, Miami, Minneapolis, NY, Portland,  & Sacramento.  Apparently, the fact that none of these cities is Austin, TX (and none have made the claim of being the "Live Music Capital of the World"), doesn't appear to matter much to the Committee.

Perhaps I am needlessly worrying about things that will never happen.  Its not as if there has been anything to support my fears that the real estate and business people want to shut down those dirty music cubs because they want the locations to build more condos on.

Still, I can't help but think…

•    During SXSW 2007, anyone who was in the Austin Convention Center for the panel discussions and interviews could pick up a free booklet put out by the Convention Center and Visitor's Bureau, sort of a guide to Austin music venues.  Oddly, nowhere did it include the phrase "Live Music Capital of the World and I checked every single page.

•    The Austin Music Commission's own web site, which has been in existence for years, does not have any working links; clicking on Meetings, Minutes, or any of the links across the top produces the error:

Forbidden
You don't have permission to access /meetings/ on this server.

Only the link for the Musician's Resource File functions properly.  I spoke to Brad Stein, the current Chair of the Austin Music Commission just last week about their web site.  This was his response:

"We've been trying to get the web site fixed for months.  At the slow, glacial pace that the city works, it may take some time."

•    In fact, the City's own announcement about the Noise Ordinance hearing, originally published on Oct. 10, was not even on the front page of the City's web site – it was several links down.  When I spoke to Amber King at the City office last week, she told me she "was promised it would be moved to the front page".  Now, that's where the notice is, a change made just last week, but what happened between Oct. 10 and now?
I'm sure these are all just coincidences….
 
What we can be sure about, is what will happen if the new noise ordinance goes through:

If it passes, it would be akin to outlawing Mardi Gras in New Orleans, Broadway in Manhattan, gambling in Vegas or country music in Nashville.  Austin will become the laughing stock of the country, for claiming to be the "Live Music Capital" and then killing live music in the city.  Say, for example, like North Dakota calling itself "the sunniest place on earth, Washington DC as "the city that cares about people", or NY (or NJ, or Chicago, etc.) as "the friendliest place on earth".  As it is, not a single week goes by when newspaper ads don't invite Austin music fans to see dozens of fun, profitable, revenue producing live shows, …all in San Antonio and Houston.

The loss of revenue and tax dollars for the city might mean that homeowner's tax rates would go up, from a level that many people are already unhappy with.

Major companies might leave the city once their building or land lease is up.  Check the web site of your favorite tech company, and go to their employment section.  Every single one of them lists live music as one of the reasons living in Austin is desirable.  This is not just marketing hyperbole: if you work in a technology job, chances are you are surrounded by music fans.  Your co-workers might range from pierced and tattooed Goths, to devil-horns heavy metal fans, to Elvis and Buddy Holly freaks.  There is a direct connection between die-hard music fans and people who choose to work in the technology sector.  If the live music that these people depend on for their recreation disappears, those employees might choose to work elsewhere, and the companies might be forced to leave for economic reasons.

The people who had came to Austin for its music scene, might become so disgruntled, that they would leave in large numbers.  Although the population might be smaller and more manageable, the cost to the City in taxes and revenue could be devastating, if the numbers were large enough.  Currently, many people are already leaving because they see the City as being overdeveloped, having conceded too much to the developers that want a stake in the City.  One could only imagine what things would be like if there was a mass exodus, as a result of the proposed changes affecting live music in Austin.

Instead, what we SHOULD be doing, is investing in our most precious, and most unique asset, music.  We should be finding a way to protect the clubs from fire, vandalism, and rising rents.  (Doesn't the Austin Police Dept, and the Fire Dept, have more important things to attend to, than whether the clubs are being too loud?  Aren't there fires to put out, paramedics that are needed, violent crimes to solve?).  We should make every new condo being built, and every tech company that comes to Austin, contribute to the music scene, and to helping live music venues survive.  Perhaps, instead of penalizing the very businesses that bring precious tax dollars to the city coffers, we should make the real estate developers pay for added soundproofing for any resident in the city that can prove they are being disturbed.  Maybe we should be convincing one of the tech companies to host the Music Commission's web site on their servers – for free, just like Harry Knowles did when he first got started with his site, Ain't It Cool News.  

Lastly, I don't want to leave the impression that I support disrupting someone's peace of mind, playing loud music at any hour of the day or night, or any type of rude behavior.  So, for the record, I am 54, and for most of my life, I have worked jobs on the graveyard shift; meaning I used to come home to go to sleep at 8am, and I hate being woken up.  I also hate waking up others.  These days, if I am watching TV at 10pm, I connect my headphones so that I don't disturb the person in the efficiency above me.  There are many ways that the issue of loud music can be resolved, such as added soundproofing, outside barriers, etc.  I just don't think it should be something that has a negative effect on our music venues.  Not here, not in Austin.

Please, do not let this proposed ordinance pass.  Keep the noise ordinance as it currently is.


Very Sincerely Yours,

Phillippe LaVere  
http://www.myspace.com/phillippelavere

References:

The City's announcement of the Town Hall Meeting:
http://www.ci.austin.tx.us/news/2007/music_town_hall.htm

The Noise Solutions Committee report:
http://alt.coxnewsweb.com/statesman/pdf/10/101807noise_report.pdf

The Austin American-Statesman's coverage of the issue, including an excellent graphic:
http://www.statesman.com/news/content/news/stories/local/10/18/1018noise.html

The Austin Music Commission website:
http://www.austinmusiccommission.org/index.shtml

Downtown Austin Emerging Projects:
http://www.ci.austin.tx.us/downtown/downloads/ep_data_0707.pdf

Andy Langer's 2002 article in the Chronicle
http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid:85764

Austin Sound.net coverage:
http://www.austinsound.net/NoiseNews10-23-07

Postings on HornFans.com:
http://forums.hornfans.com/php/wwwthreads/showflat.php?Cat=&Board=cactuscafe&Number=5260162&page=0&view=collapsed&sb=5&o=0&fpart=all

Posting on politicalsuicide.org
"Is Austin still the live music capitol of the world?"  "Well, comparatively speaking, the city council have passed ordinances that many Austinites feel have cut into that lifestyle and has harmed that reputation. They've passed noise ordinances for 6th street for all the people who live in the surrounding area as well as a smoking ban in all the bars," we would say as our newly met friend would light up cigarette in front of us. "That's too bad. That just doesn't seem like the Austin I remember,"
http://www.politicalsuicide.org/scott-s-blog/austin-from-a-dallas-perspective/