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Noise lawsuit could cancel future shows

Complaints from residents near Ford Amphitheatre led to a suit against Clear Channel and the Fair Authority.

By JAY CRIDLIN
Published December 22, 2004

TAMPA - Charlie Daniels got to perform at the Ford Amphitheatre. Hank Williams Jr. might not be so lucky.

A judge could could cancel the honky-tonk legend's planned Jan. 29 concert if venue owners can't find a way to keep noise levels within legal limits.

The Environmental Protection Commission of Hillsborough County filed a lawsuit Tuesday asking for a temporary halt to amphitheater events and hefty fines against Clear Channel Entertainment and the Florida State Fair Authority for past noise violations.

"What we've been doing so far isn't sufficient," said Rick Tschantz, general counsel for the EPC. "Every time we have a concert, we have a violation."

A circuit court judge must review the lawsuit and decide the next move. Because of the holidays, Tschantz said, that is unlikely to happen before early January.

The judge could block the Williams show and all future concerts, including those planned for the Florida State Fair, until Clear Channel resolves the noise problem, which has generated more than 160 complaints from nearby residents.

"They're going to have to agree to the penalty," Tschantz said. "They're going to have to agree to make permanent corrective actions."

The lawsuit has been in the works since a Dec. 7 concert by the heavy metal band Korn, which generated higher noise levels and more complaints than any other concert.

At an emergency EPC meeting on Dec. 9, County Commissioner Ronda Storms launched into a tirade against Korn and Clear Channel, suggesting that EPC officials should be on hand at all concerts to make sure noise levels are legal.

"We should have been standing there on the stage ready to pull the plug and make it stop immediately," Storms said at the meeting.

County officials decided to allow a charity concert Dec. 11 by the Charlie Daniels Band under strict EPC supervision. With EPC officials monitoring the sound board, the concert had one brief blip above the noise limit.

"We had our people in the sound booth, and we made it work," Tschantz said. "That made us think that Clear Channel can make it work. I think that proves something."

Calls made Tuesday evening to attorneys for Clear Channel and the Fair Authority were not returned.

Both organizations are currently appealing a noise violation citation issued this summer by the EPC.

In a Dec. 9 letter to the Hillsborough County Commission, Clear Channel attorney John Fenn Foster wrote that any legal action could compromise Clear Channel's right to a fair appeal process.

Clear Channel and the EPC are scheduled to meet Jan. 6 to discuss settling the citation, but, according to Foster's letter, "the progress made toward settlement will most likely be lost with the filing of a court action seeking an injunction."

According to the EPC's lawsuit, at least five more shows are scheduled to take place at the Ford Amphitheatre through February. Only two have been announced: Williams, with guests Big & Rich; and an afternoon concert on Feb. 17 by a collection of Grand Ole Opry stars. That show, and others, are likely to be part of the annual Florida State Fair concert series.

The tour industry Web site Pollstar.com also lists a March 18 concert there by Christian artist Steven Curtis Chapman, but that show is not listed on Chapman's official Web site.

Tschantz said Clear Channel likely would be responsible for most of the fines, which could reach up to $5,000 per day for each violation. What constitutes a noise violation, remains to be determined. The EPC has not resolved the question of whether a fine applies to a concert, a single song, or even a note in a song that breaks the noise rule.

Clear Channel and the Fair Authority would also be responsible for the cost of the EPC's noise investigation, which involved having staff members monitor decibel levels at 11 concerts.

It's clear the EPC lawsuit has the county's support. After taking his son to see Polar Express at Channelside on Tuesday evening, Tschantz bumped into County Commissioner Kathy Castor, who offered a hearty congratulations on getting the lawsuit filed before the holidays.

"There has never been a Clear Channel concert that hasn't had a violation," Tschantz said. "When they bring in national acts, (the acts) bring in their own equipment, their own sound people.

"Our question is, what is Clear Channel's control over them? With Korn, we saw that there was none. They have to change the way they do business."

Jay Cridlin can be reached at 813 661-2442 or cridlin@sptimes.com

[Last modified December 27, 2004, 22:45:49]