The Live (Low dB) Music Capital of the World



I. In Cucurbitaceae message #81,471, City of Austin Acting a Fool, Kevin Russell writes: "We had a huge crane in operation above the trees Thursday while we played Shady Grove, building some huge, ugly thing. And while the crane swooped overhead like something from an H.G. Wells novel, the fire marshal came and cited Shady Grove for a sound ordinance violation. The irony was not lost on me. I am ready to make some noise about this" (6-07-09 12:16 pm).

II. In the Inkhorn Piepowder post, Austin's Noisy Laundry, Kevin Russell writes: "I know lots of you think Austin Texas is the greatest thing since live music began. And, I would not argue with you on the merit of the music alone over the last 40 years or so. One could say that the live music scene and all of its feathers give this peacock its plumes. Many cities can claim similar musical histories, some more colorful, some more productive. But, none can really stand toe to toe with Austin as a brand. Once we claimed the 'live music captial' moniker it was just a matter of time before we were on the lips of music fans around the world. And, now Austin more than anywhere besides maybe New Orleans has set up home right there in the middle of the chaotic musical landscape with South By Southwest, Austin City Limits Festival and its many artists and bands traversing the globe.At the same time the city has undergone phenomenal economic growth through high tech and real estate sectors. Once it was obvious the city was booming leaders began an ambitious plan to attract residential development downtown. The intention was good. After watching their Texas cousin cities go through massive growth and unchecked development Austin seemed determined to do it a different way. All along there has been an effort among many to try and 'preserve' a way of life much loved by all. The obvious challenges are myriad and complex. And as we enter the new world of downtown density cultural clashes are erupting. A series of complaints and city legislation to appease all parties involved has lead to a group of confusing laws serving mainly the private property rights of the residential occupants over the will of the greater citizenry. For years old Austin institutions have been falling like the walls of Jericho as the march of progress takes its toll. Taken at face value it almost seems like the drive is towards a city of enlightened affluence and lots of new things. In my opinion we have fallen prey to the developers and their easy money like every other sprawling southwestern city. I would probably have a hard time finding many that agree with this though. Life has been good here for most of us, myself included. Lately though I can sense a change in the attitudes of the city that could signal a threat to my way of life here. I am speaking of course of the recent rash of citations for sound ordinance infractions.It was the understanding of most that the going Db level was 85. But, somehow some other zoning ordinance has been overriding this and causing out-door restaurants to be capped at 70 db. From experience I can tell you that it is impossible to satisfy a large crowd of 200 or more people with a db level of 70. And in Austin this is even more frustrating. We have a huge audience of music lovers who want to feel and hear the great music coming off the stage. This is a given at any music venue on any given night.I read that things were in the works to change the low db level to help out our many local out-door restaurants. But, still last Thursday as my band, The Gourds played to a packed house at Shady Grove a fire marshal trotted in and cited them for a sound ordinance violation. At the same time a huge crane moved silently over head building a monstrous residential complex next door. The irony was not lost on me. It made me wanna make some noise about this issue. I think it is high time the Austin Music Community come together to flex a little political muscle just so we get respect and keep respect when we needed it most.The city council is apparently 'hard at work' trying to figure out a way certain restaurants in residential zones can eclipse the 70 db level designated for them. Normal venues/cocktail lounges have an 85 db level. Some restaurants are considering changing their zoning designation to 'cocktail lounge.' But. many neighborhood zoning plans will not allow cocktail lounges in their hood. The neighborhoods in Austin, it should be understood, are very powerful. City Council will rarely go against their wishes. I normally appreciate this aspect of our city government. But, there must be exceptions for long standing iconic businesses on major thoroughfares. To me it is common sense. And as Councilman Martinez says, 'it's not about a db level, it's about compatibility.' What this means to me is that the wants of the few do not out weigh the needs of the many, at least as far as live music goes. If all of the out door restaurants stop having live music, then it takes money out of musicians pockets. Like it or not this city has created a musical economy that must be maintained" (6-07-09 7:30pm).

III. In the Austin Chronicle letter, Sound Ordinance Hurts Live Music, Kevin Russell writes: "Dear Editor, On Thursday evening [June 4] between 8 and 10pm my band the Gourds performed a free show at Shady Grove on Barton Springs Drive. As a crane pivoted overhead like something from an H.G. Wells novel, Shady Grove was cited for a sound-ordinance violation. The irony was not lost on anyone there. In its race, which is already lost, to move people Downtown, this city is going to lose something that cannot be replaced. Music in Austin is a well-known quality-of-life element that draws unique people and businesses to live here. It is remarkable that up until now we have been able to maintain such a vibrant musical scene with the artificially overvalued real estate market. Before we lose control of it, the sound ordinance needs to be replaced by neighborhood-specific agreements between businesses and residents. In a rapidly growing city like ours, the police and fire resources wasted on call and response to this nonissue is ridiculous. And when it is more acceptable to have cranes undertaking major construction projects than it is to have a local band playing music for the citizens of Austin, I think we are at a serious crossroads. I hereby call on all musicians, music industry professionals, and supporters of local music to make some serious noise about this issue. If we do not, then those who call it 'noise' will have their way. And all will be lost. Kevin Russell The Gourds/Shinyribs" (published 6-08-09).

Note: Related articles can be found here and here. Also, the crane pictured above is not the one mentioned in the story.

Update: "Sound Ordinance Hurts Live Music" went on to win Letter of the Year honors from The Austin Chronicle.

9 comments:

  1. All too often we do not know what we have until it's gone.

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  2. It's been brewing for awhile. I knew it was over when they pulled the plug on Jason & the Scorchers at AquaFest back in the mid-90s. I waited years to see them, and THE CITY ruined it. They don't get it, and they never will.

    --JBWright

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  3. To think...if we followed the advice set forth in Louis Black's VIII commandments we would simply "pay" homage to corporate sponsors and then go lie down for a long nap. It is absolutely ludicrous that the endorsed "Live Music Capitol of the World" now has a "music" sound ordinance. The sound ordinance seems ironically directed at live music venues. What about the thousands of motorcycles coming for the ROT biker rally, car alarms, vehicle sub wolfers, leaf blowers, or the constant construction permeating the city? It's unbelievable that out of towners are allowed to move in, buy up everything, and then create laws that permanently alter the originality of our city. Our local governing officials having no qualms in maintaining and promoting over-inflated property values to lure in more money which comes from foreigners to Texas. These opportunists were/are attracted to the area for the very things they are now attempting to dismantle so that they may "enjoy" an artificial life catered to them by political influence. The Austin Chronicle definitely their has dirty hand in this pot. It is guised as some sort of music expert publication that helped to turn Austin into a tourist attraction with year round corporate sponsored music festivals. The way to remedy this bogus "rule" is to ignore it. --victorytothepeople

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  4. Kevin, your implication that it has anything to do with downtown is incorrect - the impetus behind this ordinance is and always has been Jeff Jack up on the hill in Zilker. Precisely zero of the 'neighborhood' contingent at the task force meetings were downtown residents. --m1ek

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  5. How did they get cited before 10pm? Did the rules change (again)? Was the sound over 85dB? -kelso

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  6. I was at that performance too and for the first 4 songs I could barely hear the Gourds playing. At that point the speaker volume was raised up to a slightly louder level. However, people in the back of the audience kept up rowdy conversations that just about drowned out the sound system. They ruined the music except for those lucky enough to be close to stage front. I am not sure why they had to talk through every song. --rickb

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  7. Tonight (6/12) the Unplugged at the Grove was actually SHUT DOWN before Jimmy LaFave's set as a response to a single complaint, backed by APD and the city council, pertaining to the noise.

    What the council doesn't seem to understand is that the music industry in Austin comprises not just the careers of thousand, but an integral part of our culture. We the people are being forced to defend a culture we have cultivated over the past decades from our own local government. Indeed, it is time the make the choice to stand up for just what they have flaunted at the air port and visitor center.

    JustADylan

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  8. m1ek-I admit I was a bit hasty to point the finger. The crane operating over-head which I referred to in my letter, though, is there because of downtown development. And I do consider Barton Springs to be downtown. I think everyone knows and can see the writing on the beautiful, new expensive walls that this kind of development is going to forever alter the culture of downtown. It only stands to reason that if people are living there they will feel a greater sense of ownership about it which will inevitably lead to problems between them and the night life culture we have there. Example Donn's Depot, my favorite bar, has been getting complaints from the condo across the street. Reportedly a lady has been complainging about the "party" going on every night. They have explained that they are a bar. When she asked how long has this been going on? They told her 30 years. Ha. Ridiculous. If you live downtown you sound like someone who understands and wants to be there. But many are coming and they have no idea about any of it. All they know is that they own it.

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