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Fight over loud noise won't turn off any time soon

Lawyers decide a jury trial will be better for a bistro's four violations.

By CASEY CORA
Published December 10, 2006

A growing feud between Fresco's Waterfront Bistro and the Downtown Residents Civic Association will have at least a week to simmer.

Instead of Friday's scheduled bench trial in front of Senior Judge Radford Smith, Assistant State Attorney Lisset Gonzalez and the bistro's lawyer, John Trevena, agreed that the restaurant's four noise ordinance violations are better suited for a jury trial.

The date of that trial will be determined in a status conference at 10 a.m. Friday in Pinellas County court.

The ruling comes as a particular disappointment to civic association members, who circulated a flier Wednesday evening encouraging downtown residents to attend Friday's hearing.

Don Jenkins, the group's treasurer, said the association, represented by several people in the courtroom audience, will attend every meeting until justice is served.

Trevena filed a motion Friday ordering that communication between the association and county judges stop. He called a letter written Oct. 27 by association president Emil Pavone to Judge Dorothy Vaccaro an "overt, flagrant attempt to influence the court."

Although Smith won't rule on the motion until Friday, he indicated that he was "offended" by such communications.

"It complicates my life," Smith said.

Downtown residents, including those living on boats at the city's marina, have maintained that music emanating from the bistro's patio violates the city's noise ordinance, which prohibits "loud and raucous" sound that "annoys or disturbs a reasonable person of normal sensitivity."

Amplified sound must be kept lower than 60 decibels after 11 p.m. weekdays and after midnight on weekends.

David Sockol and Mike Roberts, owners of the restaurant, 300 Second Ave. NE, have made efforts to quiet the noise, including the installation of $5,000 worth of walls designed to soundproof the patio area.

Casey Cora can be reached at 727 892-2374 or ccora@sptimes.com

[Last modified December 9, 2006, 20:32:17]