Jupiter moves to win ruling in Harbourside court case
Town contends complex has not ‘suffered injury.’
JUPITER — Stating that Harbourside Place has not “suffered some actual or threatened injury as a result of the alleged conduct of the town,” Jupiter has filed a motion for the district court to rule in its favor.
“… the record makes clear that it is (Harbourside) that has breached the terms of the agreement by failing to maintain compliance with the town’s code and regulations …” according to the motion for final summary judgment filed Tuesday in U.S. District Court.
The motion in the c ase filed by Harbourside against the town comes almost four months after lawyers from the $150 million waterfront entertainment center and the town presented their cases before U.S. District Court Judge Kenneth Marra.
Harbourside lawyers argued the town is violating its First Amendment rights by restricting the times, genres and volume of music that c an be played in the outdoor amphitheater on the east side of the Intracoastal Waterway just north of Indiantown Road.
“This ordinance is targeted at a specific genre of speech — outdoor musical performances. It’s narrowly tailored against Harbourside Place,” Harbourside Place attorney Mitchell Berger said during closing arguments Sept. 22.
Harbourside responded to the town’s motion on Wednesday with a request for a status conference before the court to address the issue of extending the deadline to complete fact and expert discovery.
Town officials have testified that Harbourside is simply looking to get around complying with town rules.
Jupiter contends that Harbourside Place is required to have an outdoor venue designation to hold music events at the amphitheater. Without the designation, Harbourside is required to have a permit for each performance, town attorneys said during the hearing.
Harbourside officials argued the town’s banning of drums and bass is an unconstitutional ban on certain genres of music.
The town denied that allegation in the motion.
“… the conditions are nar- rowly tailored to serve a significant government interest of protecting surrounding residents from noise which could constitute a nuisance; and the conditions leave open ample alternative channels for communication because they do not constitute a total ban or affect the quality, quantity, or content of the music,” according to the motion.
Music has brought controversy to Harbourside since the development opened in December 2014.
Merchants say they need entertainment to draw business. A petition supporting the music collected around 2,000 names. Complaints about too-loud music have come from residents including Waters Edge Estates and Jonathan’s Landing. at least those clogging the internet with epic fail videos — Whitfield has discovered that riding a hoverboard isn’t half as easy as falling off one.
The board belonged to one of the neighbor’s kids. A Christmas gift, she said.
“I got up on the hoverboard. My husband helped me. I got my balance. Then the thing zipped out in front of me and I landed on my back” in her driveway, she s a i d . S h e k n e w s h e was injured, but underestimated the extent.
“I shouldn’t have gotten u p, ” Whit f i e l d re c a l l e d . When she went to lie down, she was screaming in pain and her husband drove her to the hospital. Diagnosis: a shattered T-3 vertebra.
The damage, she said, was to the tubular space the spinal cord runs through called the spinal canal — and not the cord itself.
She spent four days in the hospital. And sat still at home until it was time for surgeons to pour the cement.
“Unfortunately, all the safety padding in the world wouldn’t have stopped me from breaking my back,” Whitfield said. But now she will be wearing other gear.
“I’m going to have to wear a back brace for a long time.” Ever the relentless optimist, Whitfield has found the silver linings. “This brace has made me taller. I’ve gone up an inch, I’m now 5 feet, 5 inches and a half.”
And she’s catching up on everything streaming has to offer. “I’ve watched a lot of Netflix.”
S h e was a b s e n t a t t h e board’s workshop Wednesday, but Whitfield insisted S u p e r i n t e n d e n t Ro b e r t Avossa share one message at the public meeting: “Be very careful.”
“Parents, students and others need to remember the importance of being safe. … Be very careful, whether it’s sporting equipment or other things we do to stay in shape,” Avossa said. Whitfield is intent on attending the next meeting, less than a week away, in person or at least by phone. She is tired and sore. “I’m sitting in a chair and trying not to move,” Whitf i e l d s a i d . “B u t , o h , my goodness, I’m so lucky. A lot of people have told me it could’ve lead to paralysis, but it didn’t. So I’m very grateful.”