Want live patio music? Go to Burlington

Forty-two years ago this month, Pink Floyd came to Hamilton and all hell broke loose. It was the end of the North American leg of their Wish You Were Here tour, and the band blew the roof off (symbolically) Ivor Wynne stadium with a show that included a massive flash pot explosion heard around the neighbourhood.

Worse, many among the 55,000 fans got wasted on one thing or another. They peed on neighbourhood lawns. Some say there was public defecation. Lewd behaviour by high hippies is what the folks said back in the day. Never again, said city council.

How much have we progressed? Given this week’s news that outdoor live music has once again been shelved for the summer thanks to a citizen appeal to the Ontario Municipal Board, it’s a fair question.

It would be easy to condemn the group trying to stop the council-endorsed two-year pilot project that would allow music on some patios in some parts of the city — Hess Village and the waterfront being two. But that temptation should be resisted. The objectors are using the tools at their disposal. Future reforms to the board may make this sort of intervention less likely or impossible, but for now the people are using legal tools they have available. We might not like it, but it’s hardly improper. Just unreasonable.

Here is the central question. Is it sensible, in a city in the midst of renaissance in many ways, to flat out ban live patio music during peak summer nights? Loud music, yes. Rib cage shaking, woofer-driven bass, yes. But a duo with acoustic guitars and lightly amplified vocal harmonies? A jazz trio with keyboards, restrained drums and a standup bass? A folksinger with a couple of accompanists?

Music that goes on until 1 or 2 a.m., of course. Music that ends no later than 11 p.m. and falls within modest decibel limit guidelines, which have been compared to running a dishwasher in the next room?

Are we really fine with telling patrons they need to go to Burlington to experience live outdoor music on a patio on a warm July evening?

Suppose your neighbour, typically respectful, has a backyard gathering. They’ve got music playing, but not overly loud. And they shut it down by 11 p.m. Are you calling bylaw with a noise complaint? Presumably the folks behind this appeal would, because the terms of the pilot project call for nothing more onerous.

No doubt some will say the patio ban is justifiable because of enforcement issues. But that’s not a reason not to try the pilot project. Address the issues that come up, such as ensuring adequate bylaw staff is available. But slamming the door without even trying it?

This isn’t 1975. Eventually, reasonable compromises need to happen in areas like this if Hamilton is to continue to evolve. It’s too bad some of us have to be dragged kicking and screaming to that point.