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County pulls back amphitheater suit - for now

Hillsborough County and Clear Channel, owner of the Ford Amphitheatre, have until Oct. 28 to reach a resolution.

By MICHAEL VAN SICKLER
Published July 28, 2005

TAMPA - Talks broke down in February after just one day, when Hillsborough County tried to get Clear Channel Entertainment to limit the noise from its Ford Amphitheatre concerts.

But county officials agreed to suspend their lawsuit Wednesday and try again to compromise with the music industry giant, which showed renewed signs of cooperation after suffering a major legal setback earlier this week.

"We are hopeful that this stand-down period will give both parties the opportunity to work toward a fair and reasonable resolution," said Richard Garrity, executive director of the county's Environmental Protection Commission, in a statement Wednesday from Clear Channel and the county.

The two sides have until Oct. 28, or until a mediator - retired Judge Guy Spicola - decides an agreement can't be reached. If they can't compromise by the October deadline, the county's lawsuit becomes active again. A hearing planned for late August was delayed until Thanksgiving week.

Both sides agreed they wouldn't discuss ongoing negotiations with the media. They spent Monday and Tuesday nights negotiating into the wee hours and released a three-paragraph statement explaining, vaguely, what was planned.

"We are working with the EPC to finalize a broad package of architectural, structural and administrative changes at our own expense," said the amphitheater's executive director, Ed Morrell, in the release. "(We're) confident they will address the EPC's and neighbors' concerns."

Morrell said Clear Channel would work with the EPC on "sound standards that can provide the foundation for permanent improvements and fair, evenly applied rules."

EPC attorney Mark Bentley agreed to drop a second lawsuit against Clear Channel that he filed on behalf of two residents who complained that concerts disrupted their neighborhood. That case will be renewed if a compromise isn't reached.

This cooperation comes after Hillsborough Circuit Judge Charlene Honeywell dealt Clear Channel its biggest legal blow since the EPC filed suit in January, ruling Monday that the company's amphitheater off Interstate 4 isn't exempt from local noise laws.

On Tuesday, a top-selling - and by all accounts, noisy - hip-hop concert featuring Eminem and 50 Cent was moved from the outdoor venue to the indoor St. Pete Times Forum in downtown Tampa.

That is the first concert to switch venues because of the noise issue since the amphitheater opened last summer. The EPC, which enforces the county's noise ordinance, has received more than 300 complaints from nearby residents who say the music is so loud it vibrates walls and windows of their homes.

EPC officials say they've measured decibels from concerts that exceed county limits. They don't want to shut down the amphitheater, but they have asked that Clear Channel reduce the sound by making acoustical adjustments.

Meanwhile, concerts continue to draw complaints. A June 22 Judas Priest concert drew 22 complaints, but recent concerts have been more mellow. The Dave Matthews Band on July 14 sparked just one complaint, as did the Backstreet Boys on July 23.

Some residents weren't pinning much hope on the negotiations, calling it just another stalling tactic by Clear Channel to allow it to keep hosting lucrative concerts.

"I personally don't trust Clear Channel," said Michael Harrah, vice president of the Terrace Oaks Homeowners Association, which represents about 60 homes nearby. "They promise things all the time and don't do anything."

Harrah said his garage door and windows rattle with the dull hum of whatever bass line is being played during the louder concerts.

The longer this takes to settle, the angrier residents will get," Harrah said. ". . . We'll believe that Clear Channel wants to compromise when we see it."

Staff writer Tom Zucco contributed to this story. Michael Van Sickler can be reached at 813 226-3402 or mvansickler@sptimes.com

[Last modified July 28, 2005, 01:09:17]