COLORADO (KOAA) — Colorado state lawmakers are considering a bill to essentially reverse a Colorado Supreme Court decision and give local governments the ability to grant noise permits to private businesses, like Ford Amphitheater in Colorado Springs.
The court ruled late last year in Hobbs v. Salida, that the City of Salida violated Colorado's Noise Abatement Act, when it granted a permit to a restaurant to hold concerts on its outdoor patio.
In Colorado Springs, neighbors living near Ford Amphitheater are suing the owners of the theater for violating the state's noise laws. Homeowners argue that if the bill becomes law, it would prevent them from having recourse to sue.
- Watch News5's previous coverage on the lawsuit below:
Current law allows local governments noise limit exemptions for events put on by the city or county, or for a non-profit. This bill would also give the exemption to grant noise variations either above or below state noise levels.
The Secretary of State's office lobbyist database shows both the city of Colorado Springs and Venu, the parent company of Ford Amphitheater, have hired lobbyists in support of the bill.
Colorado Springs has previously issued "noise hardship permits" to Ford Amphitheater during its concert season.
One of the bill's main sponsors is Sen. Larry Liston, a Republican from Colorado Springs. Supporters of the legislation argue local communities should be able to have control and set limits for individual communities.
The Mayor of Lyons, Hollie Rogin, testified in support of the legislation, arguing the town is home to a few music venues, including Planet Bluegrass venue. Rogin said the town manages noise limits with each venue.
"Good noise regulation is not one size fits all," Hollie Rogin, the Mayor of Lyons said during Thursday's committee hearing. The town of Lyons, which is about 30 minutes outside of Boulder, is home to five music venues, including Planet Bluegrass. Rogin said the concerts bring significant sales tax revenue to the town in the summer, and the Hobbs ruling has left the town in a "precarious spot". Rogin said the town works "hand in hand" with venues on noise levels and does not get any complaints.
"Lyons has a unique topography which means sound carries much differently than it would in say Longmont or Denver," Rogin said, she added that without the bill's passage, she believes the town's culture and economy are at "great risk".
The opposition was heavily represented by people from El Paso County and Colorado Springs, including City Councilman Dave Donelson, and homeowners living near the Ford Amphitheater.
"Noise pollution doesn't respect the boundary of the home-rule entity," said Donelson. He pointed out that some of the homeowners impacted by the noise levels at Ford Amphitheater do not live in Colorado Springs city limits. Homeowners in Gleneagle have testified in the past about the noise issues from Ford Amphitheater.
"What happened in my neighborhood should be a cautionary tale," Danielle Fry, a homeowner near Ford Amphitheater, told the committee, "consistent standards should not be an obstacle to arts and culture."
Other homeowners shared their experience and issues with noise coming from the amphitheater over the last two summers and argued the state noise ordinance laws being enforced would protect their health.
Donelson testified that noise hardship permits are up to the Mayor of Colorado Springs. Senators questioned why Colorado Springs City Council could not pass an ordinance to change how permits are issued.
Donelson said he did not believe there would be enough support on the city council to pass an ordinance like that.
The bill passed out of committee on a 5-2 vote, notably, two of the local state senators on the committee, Sen. Tony Exum (D-Colorado Springs) and Sen. Marc Snyder (D-Manitou Springs) voted against the bill. Sen. Larry Liston (R-Colorado Springs) also sits on the committee.
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