Noise pollution flooding from Ford Amphitheater into surrounding neighborhoods late night after late night is harming both my family and thousands of others in the impacted area.  This is resulting in unending disruption to neighborhood ways of life, lost sleep, and harm to our most vulnerable neighbors.

And Mayor Yemi’s blank check Noise Hardship Permit is what is allowing this to happen:

• Circumventing city & state law: City and state law provides for a 50 dB(A) limit on noise pollution in residential areas 7PM-7AM.  Mayor Yemi’s noise permit gives special treatment to a special interest by exempting Ford Amphitheater from the noise pollution rules that apply to everyone else.

• Unlimited noise pollution: Ford Amphitheater’s City Council-approved site development plan only defines limits on noise inside the venue (105-110 dB(A)) and has no limit on the noise allowed to pour out of the venue.  By circumventing the city & state noise pollution laws that should control what is reaching neighborhoods, Mayor Yemi’s noise permit gives Ford Amphitheater a blank check for uncapped noise pollution across an unlimited area.

• Incorrectly issued & administered.  Ford Amphitheater should never have been granted this permit in the first place.  Since the venue could simply turn down the volume, it does not meet the “activity cannot be done in a manner that would comply” or “no other reasonable alternative is available” permit criteria required by city ordinance.  Further, the venue is not abiding by the conditions included in the permit, such as “music must be kept to a minimum noise level and directed away from any residential dwelling units in the area.” Mayor Yemi’s noise permit isn’t even playing by its own rules.

As a result, we, the undersigned, hereby demand that Mayor Yemi stop giving Ford Amphitheater a blank check for unlimited noise pollution and require the venue to abide by the noise pollution rules already in place to protect neighborhoods like ours:

1. No further Noise Hardship Permits for Ford Amphitheater.  The actual hardship here is being experienced by residents, not the venue.  Ford Amphitheater founder J.W. Roth says he doesn’t even need this permit and can operate without it.  Mayor Yemi should hold him to his word and require him to play by the same noise pollution rules as everyone else.

2. Require transparent neighborhood noise pollution monitoring paid for by Ford Amphitheater but controlled by the City.  Fixed, outdoor noise pollution sensors with reliable measurements that document what residents are experiencing should be placed in any neighborhood where residents request it.  Historical and real-time sound measurements (particularly during concert periods) from all sensors in this network  should be publicly available online.

3. Enforce existing city and state noise pollution rules.  Proactively monitor and enforce compliance based on data from the neighborhood noise sensor network.  Respond to and investigate noise complaints documented by residents.  Enforce the rules in the same way you would for a noise nuisance in the Mayor’s or a City Councilmember’s front yard.

Mayor Yemi, we urge your immediate action to resolve this continuing violation of your own governing values that include:

• Rights and Responsibilities: “In unison, our individual rights are connected to our shared responsibility to respect the rights of others. Thus my approach to public service and civic order is to ensure human rights are protected and responsibilities are met.”

• Common Good: “My approach to public service is to work towards the good of ALL citizens as opposed to expanding the personal gains of individuals and the neighborhoods and school districts in which they reside”

• City Flourishing: “It’s all about city flourishing, that is, the thriving and blossoming of Colorado Springs in all areas and sectors regarding the economic, political, social, ecological health in every single neighborhood…. Cities thrive when their neighborhoods thrive.”

We are not opposed to great live music or successful businesses – but are opposed to those things being done in a way that harms others and flouts the rules.  All Colorado businesses are required to dispose of the pollution that they generate in a legal manner.  Noise pollution is no different.   Through the steps listed above, now is the moment to resolve this situation in a way that lives up to your governing values.