A bid to restrict who plays at Vinoy Park after noise and profanity complaints could raise constitutional questions.
By CARRIE JOHNSON
Published March 15, 2004
ST. PETERSBURG - Vinoy Park, with its wide, green lawn and glittering view of Tampa Bay, has become one of the city's best-loved concert venues.
Performers from Jewel to Journey have strutted across stage here, drawing thousands of people to the downtown waterfront. But popularity has brought problems. There has been a surge of complaints recently about damage to the park's grass, traffic congestion and, on at least one occasion, profane lyrics.
Now some members of the City Council are considering restricting who is allowed to perform at the park. The first potential casualty: The Vans Warped Tour, a collection of alternative and punk rock bands scheduled to appear July 30.
Promoter John Claude Bodziak, 31, went before the council March 4 to ask permission to bring the tour to St. Petersburg. After arguing for more than an hour, council members told Bodziak they needed more information before his request would be considered. They are expected to vote Thursday.3 The objections varied. Some members felt Bodziak hadn't followed the proper procedures for approval. Council member Rene Flowers said it was time to limit the number of concerts held at Vinoy. And council member John Bryan wanted to enforce stricter standards regarding the type of act allowed in the park.
"We want to make sure the concerts we hold in our downtown park system are somewhat wholesome and family-oriented," Bryan said.
The scrutiny comes after an October appearance by the Urban Car Show tour, featuring rapper 50 Cent. The event, also promoted by Bodziak, was cosponsored by the city of St. Petersburg and drew more than 5,300 people to the park.
City Council members were flooded with calls and e-mails from residents offended by the volume of the music and vulgar lyrics. At its next meeting, the council asked its legal department to explore ways to prevent similar scenarios.
Bodziak has apologized for the Urban Car Show, saying he didn't know the performers would be using so much profanity. But he said the Warped Tour, an all-day festival that celebrates the skater-punk lifestyle, is different.
The event was in St. Petersburg last year and attracted about 7,500 people to Vinoy Park. Bodziak said the festival generated virtually no complaints.
"I think a lot of cities would consider it a real feather in their cap to get this tour," Bodziak said.
But not everyone was pleased with last year's turnout.
Suzanne Fisher, past president of the Beach Drive Business Association and manager of Coplon's, said cars were so backed up that day patrons couldn't reach her store. She also said the concertgoers were loud and unruly.
"I had customers call and say, "I can't get there, the traffic is too bad. And I'm seeing the kind of people I'm seeing and I'm not going down there,' " Fisher said.
"Is this really the type of person we're trying to attract?" she added.
The growth of downtown residents has also added to the problem. Three condominium towers have popped up near Vinoy Park in the past six years, with two more slated for the 300 and 400 blocks of Beach Drive.
The problem is especially acute at Vinoy Place, the luxury condominiums that border the park on Fifth Avenue NE. While most residents understand that some noise is inevitable, recent concerts have been almost unbearable.
"They said the music was so loud it actually caused the buildings to move," condominium manager Stephanie Erdman said of the Urban Car Show.
Bryan thinks the city is obligated to ensure concerts in Vinoy Park are suitable for all ages. He suggested the Bayfront Center parking lot as a possible alternative for the Warped Tour and similar acts. The venue is close to the water but away from most downtown residences, Bryan noted.
Council member Jay Lasita strongly objected to Bryan's proposal and wondered who would judge whether an act is family-friendly.
"Beauty is truly in the eye of the beholder," Lasita said. "What may be mainstream to you or me may not be mainstream to somebody else. ... Vinoy Park belongs to everybody. The other parks do, too."
But others said something had to be done to ease the conflict. There were 15 events held at Vinoy last year and another 15 scheduled for this year.
City Attorney John Wolfe warned the City Council to be cautious. Any attempt to bar acts from Vinoy Park on the basis of content could violate the First Amendment.
"Categorizing something based on the type of person who comes to it is not appropriate under any circumstances," Wolfe said.
Wolfe and other members of the city's legal department are looking into methods the city could use to discourage groups from using profanity in the future and will make a presentation Thursday to the City Council.
The city of Clearwater developed its own method for screening acts for its main venue, Coachman Park.
First, the Police Department is directed to do a background check on the group, said Kevin Dunbar, Clearwater's director of parks and recreation. A profile is created so that city officials know what to expect when an act performs and can plan accordingly.
Also, a city employee attends each performance with a noise meter to keep the decibel level within legal parameters.
"We're not looking to censor anybody because we realize that when performers go on stage, they're going to do what they're going to do," Dunbar said. "You can't change that."
Lee Metzger, St. Petersburg's leisure services administrator, said Clearwater's situation is different.
Clearwater officials book the performances for Coachman Park, while St. Petersburg opens Vinoy Park to acts brought in by outside promoters. The city's department of leisure services isn't equipped to book acts.
"I don't think we would do background checks on a group hired by someone else," Metzger said.
Most promoters ask St. Petersburg to cosponsor their event, a necessary step if alcohol is to be served. Or they can simply apply for a park permit, Metzger said.
As for Bodziak, he's still hoping council members will agree to allow the Warped Tour to perform at Vinoy Park. He said the tour's organizers were unlikely to agree to a last-minute change of venue and would probably bypass the Tampa Bay area if the park is unavailable.
"I think the City Council as a whole is very fair," Bodziak said. "In the end, I think they'll do what is right."
