With lawsuit settled, show will go on at White Oak Music Hall
Limits in place to allow concerts, hold down noise
A long-running feud between Near Northside residents and White Oak Music Hall has been settled, with the venue management installing new sound-monitoring equipment, capping the number of outdoor concerts and limiting the number and length of shows on school nights.
The residents, who have objected to the outdoor shows since the music complex opened two years ago, in turn dropped a lawsuit that sought to prevent window-rattling noise they say blared from amplified concerts in those early weeks. The lawsuit claimed the racket disturbed the quiet, threatened property values and distracted children who need to study.
The case also called into question city officials’ ability to settle the highprofile public nuisance case in the transitioning neighborhood near downtown.
“The real issue that came out of all of this is the utter failure of the city of Houston to show leadership in resolving a community problem,” attorney Cris Feldman said in announcing the settlement on Tuesday. He called the lawsuit “a very imperfect way to approach the issue because really it was a political issue that the city showed no leadership in whatsoever.”
Turner spokesman Alan Bernstein said the city “is glad that the residents who went to court have dropped their lawsuit against the city and that the issue has been resolved.”
Under the terms of the deal, the music hall at 2915 N. Main will hold no more than 40 amplified outdoor shows per year and a maximum of 20 on evenings before a regular school day. Shows scheduled on nights before State of Texas Assessment of Academic Resources, or STAAR, testing for grades 5-8 must end at 9:30 p.m.
In addition, the venue owners have installed sound monitoring equipment that transmits noise data online that neighbors can access. The equipment was used during a show on Saturday night.
Violations could lead to fines of up to $15,000.
“We think it is the quintessential definition of a compromise, with both groups agreeing on a middle-ground that addresses the plaintiffs’ concerns regarding outdoor event frequency, outdoor event volume, and even such things as school testing schedules,” White Oak Music Hall managing partner Johnny So said in a statement.
The management team did not elaborate.
From the outset, the music hall generated controversy over noise. Neighbors bombarded Houston police with more than a dozen complaints during the first outdoor show in April 2016. They later obtained a temporary restraining order against the venue.
Residents Jack Hart and Jeff Trevino say they both called the city numerous times over the noise and voiced their objections at City Council meetings. Following a news conference announcing the settlement, they echoed Feldman’s frustration. Hart said Councilwoman Karla Cisneros and Mayor Sylvester Turner’s office should have helped mediate the concerns of both the venue developers and residents early on. Not doing so, he said, left residents with no option but the courthouse. “We wouldn’t have been here had the city done their job,” Hart said.
In a Tuesday afternoon statement, Cisneros noted that the music hall was already under construction when she took office and that the developers and neighborhood had a memorandum of understanding in place. She said she “proactively worked to ensure that the process of engagement was fair and that all sides were heard.”
Cisneros also said such disputes are partly a consequence of not having zoning and that, regardless, the filling of the lawsuit made it impossible for her to “continue to mediate a resolution.”
“This has been a long and tedious and drawn-out process,” the statement read. “I am grateful that the parties have been able to reach a mutually acceptable settlement and congratulate them on finding a way to work together and move forward as good neighbors.”
Hart said he now believes the White Oak team will abide by the new terms set in the agreement, and that they two parties can become better neighbors moving forward.