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DC Nightlife Noise

to promote the enforcement of DC’s Noise Ordinance for nightlcubs

This website is a call to action to Mayor Vincent Gray, DC Councilman Jack Evans, Director of the Alcoholic Beverage Regulation Administration Fred Moosally, the DCRA Director, Chief of Police Cathy Lanier, and ANC commissioners.  DC residents who have been damaged for years by amplified music coming from nearby restaurants, taverns, and nightclubs want DC’s Noise Ordinance to be enforced.

The Challenge
  • Big woofers
  • Open air
  • Pounding music
  • Lost sleep
  • No enforcement
The Problem: Seven clubs in Club Central (south of Dupont Circle) have open air lounges / roofdecks to play "dance music" at hearing-damage sound levels with dominance of highly amplified low frequency [bass from big woofers] music that travels and penetrates 130 apartments in two nearby condominium buildings.  The World Health Orgnization finds that such music disturbs sleep to the extent of damaging health.  DC noise law blindly rolls all the possible sounds into one legal maximum allowed sound level - 60 decibels of normal conversation - but then fails to enforce even that law.

Note: we want to solve one big problem with alcohol businesses:
     sleep-disturbing music. 


Latest News

Oct 5.  Complaints about the Sunday evening enforcement-free music assault at least drew a police officer to a nearby residence where he proclaimed that businesses can make all the noise they want in the commercial zone. So, Sunday night noise law enforcement has two agencies asleep and the police misinformed about the law. 

Oct 1.  Stop the Music, said the ABC Board in denying nightclub Ozio's motion for reconsideration of its ruling against Ozio's roofdeck's dumping loud music into the nearby residences.  To make even clearer its intent, it greatly expanded the legal arguments for its position on noise disturbances.  The principle is clear: residents are entitled by law to peace, order, and quiet in their homes. Of course, a ruling has little effect unless it is enforced, and recent resident complaints about continued loud pounding music, especially on Sunday nights, are still falling on deaf ears.  Read the Board Order.

Sep 24.  ABC Board denied a bar's application for patron-related disturbance of the residential neighborhood, even without an entertainment endorsement.  Saloon45 at 18th & Swann St could not overcome the testimony of residents and ANC2B of the disturbances from Bar Charley next door which has basically the same operation plan plus a full kitchen.The Board also said that the applicant did not make an appropriate case for appropriateness.  Two differences between this case and the Club Central clubs are active support of the residents by Councilmember Jack Evans and ANC2B's chair Will Stephens.  If south Dupont residents had that kind of backup, the Club Central nightclubs would never pass the appropriateness test, especially after endless loud music until 3-4AM is added to the Saloon45-like patron-related disturbance. Read the Board Order

Sep 17.  18th St Lounge and the residents of Jefferson Row and Palladium condominiums reached a Settlement Agreement to contain the loud outdoor low frequency music in a way that ABRA enforcement does not depend on sound level measurements. 18th St invested in enough acoustical engineering and sound absorbing surfaces to contain all their music within 75 feet of the business.  Such an agreement is a big step in letting the music flow on the roofdeck while the nearby residents sleep.  The whole situation still needs ABRA, the ABC Board and the District Council to recognize the difficulty of enforcing DC noise laws in the presence of multiple sources among which residents could not well distinguish a particular source that disturbs them and the reluctance of ABRA to abandon its model of a noise source in a sea of silence, in this case six sources each wanting to blame the others for the excess noise. Kudos to owner Farid Nouri for respecting the residents and the neighborhood. 

 --------   Earlier News items, full stories in News and Views.   ----------- 

Sep 15. Necessary protest. Dupont residents filed a protest against the Sauf Haus license in the face of  a large outdoor roof deck as a temptation to Sauf Haus's joining the other six bars with roofdecks in pounding out 100 dB music during sleeping hours. 

Sep 10 Nightclub noise  Dupont Current editorial   ... the board wisely sided with nearby Jefferson Row condo owners. ...   keep the Ozio roof closed when the club features entertainment, and bans amplified sounds that can be heard inside a residence.  ...  But the board’s order already accommodates more noise from Ozio than city law allows near residentially zoned areas. ...  More will be needed, though, ....   more D.C. government involvement in noise issues.

Aug 27, 2014    ABC Board ruled that Ozio nightclub must not disturb the neighbors. Must allow no live bands on its roof, close the roof when entertainment is playing, generate no amplified sound that can be heard in neighbors' residences.    Read the Board Order.  The decision helps neighbors of nightclubs with outdoor amplified music deal with the many clubs throughout DC that want to give patrons both ear-splitting music and outdoor fresh air and moonlight.  Ozio will appeal, reports Perry Stein in City Paper

Aug 25. CityPaper article by Perry Stein After Residents Complain, Dupont’s Ozio Forced to Limit Music on Its Roof 

Aug 13. Residents lose. ABC Board board threw out the resident's noise measurement because it was not done by licensed acoustics engineer with professional sound meter, and said establishment cannot be unreasonable if a licensee has taken commercially reasonable steps to soundproof  Read the Board's Order.

Jun 25. New residents to encroach on existing noisy nightclubs. A new building at 13th & U NW feeds the argument made by alcohol biz that neighbors should live somewhere else which is being continually ignored by developers

failure to enforce existing regulationsunenforced regulation happens wherever political forces favor business operators.[quotes from John Taylor, American Economic Review, May 2014]

May 18.  Residents of the Palladium complain in vain. electronic ABRA complaint fails and call to 311 produced only a termination.

Albert Einstein once declared, "Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced."  

May 11. Adams Morgan Commissioner Guthrie tells ABC Board “The regulatory bodies that should be in our neighborhood have been falling short — considerably short.” 

May 8. Dupont residents made a settlement agreement for peace, order, and quiet with Rosebar on noise (music).  Rosebar keeps the loud music it wants inside with excellent sound absorbing walls and downward aiming the sub-woofers. Sound tests established the maximum loudness inside that would not be heard outside at the intersection of St Matthews Court (a.k.a. the alley) and N Street where seventy new "luxury" condos are being built.

May 8. self-identified blogger Frymaster: there may, in fact, be an issue with sound, but handheld SPL meters on the sidewalk won’t find it. ... It’s the bass! Pro sound systems have improved massively over the past 20 years, modern, top-level professional subwoofers can reproduce the lowest octaves with far greater power than ever before.  lying in a bed in a quiet apartment, even 50dB of 40 Hz at 120 BPM is gonna annoy the crap out of you.

May 5. Sarah and Abigail testified at the Council Committee on ABRA's Budget that new enforcement is needed, and recommended that ABRA be authorized to study the sound propogation of loud bass-dominated from the nightlclub scene into the residential areas.  

Apr 28. Noise Task Force reported noise in one of fifty tests in Club Central in its first six weeks. But the Dupont residents found about 49 out of fifty in violation. The residents did note that the volume of offensive music has substantially decreased lately.

Apr 21. A deal - Midtown and Dirty Martini (with common owner Michael Romeo) made a Settlement Agreement with the Palladium residents to limit the noisy music from the roofdecks. Needs ABRA review.

Apr 13. Early Sunday evening, boom, boom music from Dirty Martini. See two videos: 1.  walking down the alley from N Street, and 2. phoning ABRA with the music playing behind the bar.

Apr 11. Dupont Circle Citizens Association  passed a resolution of support for the coalition.

Apr 10. Dirty Martini protest hearing bans sound measurements. So, the residents had to rely a broader provision of the law of a number-free "noise disturbance."

Apr 7. ABRA issued an advisory letter that permits settlement agreements without protest. Letter to Cleveland Park Citizens Association.

Apr 6. Dirty Martini pounds out the music early Sunday night to disturb Palladium sleep.  Video clips of propagation of 87dB music playing in Dirty Martini roofdeck:  1.  in the alley behind the club;    2. 50 feet in the alley from the club rear ;  3. alley opening onto N Street;  4.  approaching club streetside entrance.  Resident Peck notified police and ABRA; 911 agreed to dispatch an investigation unit.  

Mar 26. Press release : CM Orange Witnesses Noise from Dupont Circle Clubs

Mar 26. Washington City Paper article by Perry Stein. Dupont Circle Citizens Take on Loud Nightclubs, One Decibel Reading at a Time.

Mar 21. Press Release on Hearing ABRA Hearing Lasts 7 Hours in Dupont Circle Protest

Mar 19. ABRA Protest hearing on re-issuance of license for Ozio nightlcub. Protestants from Palladium Condominiums ask for a mandate to Ozio to contain the music.

Mar 17. InTowner article Newly Formed Neighborhood Group Seeks Ways to Curb Excessive Nightclub Noise  by Ben Lasky

Mar 16. An anonymous DC citizen wrote the Director of ABRA, .... If bars & nightclubs keep the noise indoors, no one will know or care. ... 

Mar 16. DCist blog Restaurant, Bar Noise Crack Down Commences

Mar 16.  Noticeably less noisy. Club Central had noticeably lower dB readings early this AM as the Noise Task Force starts its newly re-committed work. 

Mar 14.   Shhhhhhh! You’re in a D.C. Bar! by Perry Stein in Washington City Paper blogs on the Noise Coalition's pressing the city noise checkers into active investigation. Sarah Peck was quoted: I don't know whether it's all show, or whether it will be a true enforcement, we will be watching and consulting.

Mar 12.  Press release by ABRA ABRA Kicks Off Compliance Campaign on Noise Laws

ABRA fingers DCRA responsibility.  ABRA investigator supervisor answers noise enforcement challenge with "That's a DCRA problem."

Warning notice.  ABRA Director Moosally sent a letter to all licensees  that the Noise Task Force will be conducting noise level checks outside establishments in the coming months against a standard of 60dB(A) limit on sound emissions.

New noise enforcement action. ABRA Director Fred Moosally outlined new noise enforcement action: increased noise checks. The nightclubs spoke up, mostly through the head of the Nightlife Association. 

Despite Promises, Mayor Gray, DC Officials Still Not Enforcing Noise Law in Dupont Circle   The DC Nightlife Noise Coalition walked Club Central on Saturday night, March 8, Recorded disturbing levels of amplified sound emanating from local night clubs.  For the complete story, read our press release March 9.

noise mapClub Central noise sources map shows that two major sources power the disturbances felt by the residents.  The cross-hatched boxes are clubs contributing to the late-night noise. Public bar was not cross-hatched because our inspection of that club showed that they were containing the interior noise.   Ozio was not cross-hatched at the time the map was created but has since proved to also be a source. The large black dots are the two points that act essentially as generators of noise to the nearby residences.  [created by Sarah Peck]

Mar 5. Press Release: Council, Mayor Vow to Control Dupont Circle Club Noise

Feb 20. Mayor Gray's office told Palladium residents that No one should be forced to listen to sustained noise in excess of what the law allows.

Testifiers. February 19, four Palladium residents testified at the annual ABRA Oversight hearing.  We expressed concern that ABRA, DCRA and MPD are not enforcing the DC Noise Control Act.  ABRA Director Moosally admitted the law does limit amplified sound levels to 60 decibels or below.  He also admitted that the Noise Task Force has not visited the Club Central Area despite our complaints and has not issued citations for violations.
for all news, see News and Views

The Beginning

Residents of the Palladium Condominium, located in Dupont Circle, published a White Paper by Sarah Peck,   “The Enforcement of the DC Noise Ordinance To Control Nightclub Noise.”  The Paper presents noise data showing that nightclubs in the Club Central area -- the 1200 blocks of 18th Street and Connecticut Avenue -- are exceeding the statutory limit for amplified noise.   The Paper also urges the Mayor to (1) declare support for the enforcement of the Noise Control Act; (2) appoint an ombudsman to work with residents adversely affected by night club noise and to advise the Mayor; (3) improve enforcement of the law by DCRA, ABRA, and police; (4) revise applicable regulations to prohibit outdoor amplified music by commercial establishments in residential areas.  Comments should be directed to Sarah Peck at contact@dcnightlifenoise.com

Read the entire White Paper (revised Feb 3)

An inspiration, Here I am, surrounded by all kinds of noise (my lodgings overlook a bath-house).   Seneca's letter to Lucilius. (Seneca letter 56.1-2)


Action Needed: Enforce the Noise Control Act:

Our recommendations to Mayor Gray:

Contact Us  Write us at contact@dcnightlifenoise.com .

    enjoy the music .............................  and let the family sleep

speakerpolicemansleep

Published by Sarah Peck, 1325 - 18th St NW,   e-mail Sarah Peck ...  or  webmaster   Last update Sep 28, 2014