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Amphitheater Update |
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From WTVT Fox
13 on December 20, 2005
Clear Channel is making good on its agreement to turn down the volume. It's taking
down lawn speakers at the Ford Amphitheatre. The company agreed to tone down the
sound coming from concerts after complaints from people who live near the
amphitheatre. As part of a deal with the Hillsborough Environmental Protection
Commission, the company will lower the speakers and install electronic limiters on
them. It also plans to build a $2.5 million sound-absorbing wall.
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For Immediate Release
November 17, 2005
News Brief
EPC Approves
Settlement of Ford Amphitheatre Lawsuit
Tampa,
FL – On November 17, 2005, the Environmental Protection Commission
(EPC) of Hillsborough County approved a Settlement Agreement between the EPC,
Clear Channel Entertainment (CCE) and the Florida State Fair Authority (FSFA)
regarding its lawsuit over noise violations at the Ford Amphitheatre. The
Commissioners voted in favor of the settlement that will end costly litigation
between the parties.
CCE agreed to
build a $2.5-million sound barrier wall and make other adjustments to loudspeakers
mounted high up near the roof of the facility. Other terms of the agreement
include a CCE-created community advisory committee, $50,000 for EPC to monitor
noise levels during and after the wall construction and interim measures to reduce
sound levels from concerts. CCE hopes to have the wall constructed by September
30, 2006. The EPC will dismiss its lawsuit within 10 days.
If CCE’s good
faith efforts to comply with EPC’s noise levels are still inadequate to meet the
existing rules, CCE may come before the Commission to seek a noise variance at
that time. There is no guarantee the Commission will grant a variance. The
Commission reserved its right to refile a lawsuit if CCE continues to violate
noise levels after the modifications are in place.
The staff of
the FSFA also settled with the EPC by allowing CCE to operate all of the Fair’s
concerts and be responsible for the sound levels. The FSFA board will address the
settlement on December 8, 2006.
Contact Person:
Richard D. Garrity, Ph.D. and
Richard Tschantz
EPC Executive Director EPC
General Counsel
Phone: 627-2600 ext. 1002
Phone: 627-2600, ext. 1056
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EPC Meeting
November 17,2005
Click on the icon to see the November EPC Agenda and read the proposed settlement
offer under the Legal Department.
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News Brief
Map
to Tampa Bay Tech
There was a Community Meeting
on the Ford
Amphitheatre Application for Noise Variance on Thursday,
Sept 29th
more
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Tampa, FL – On August 29, 2005,
Clear Channel Entertainment (CCE) applied
for a variance
more
Clear Channel Application
(in .pdf format)
For Immediate Release
August 30, 2005
News Brief
Clear Channel Submits Variance Application for
Amphitheatre through Mediation Process
Tampa, FL – On
August 29, 2005, Clear Channel Entertainment (CCE) submitted an application for a
variance from the noise rules of the Hillsborough County Environmental Protection
Commission (EPC) regarding the Ford Amphitheatre located on the Florida State
Fairgrounds.
The application was
submitted for consideration under the terms of an Interim Agreement reached between
the parties on July 26, 2005 regarding the ongoing litigation over noise levels at
the Amphitheatre. Pursuant to the Agreement, the litigation was placed on hold
until October 28, 2005 in order to allow for Court Ordered Mediation to attempt to
resolve the dispute. CCE’s request seeks a variance from existing noise standards
and offers physical improvements to the Facility to mitigate the sound emanating
from the facility.
Under the mediated
Agreement, EPC staff initially has 21 days to review the request at which time two
rounds of additional information may be requested from CCE. During this process, it
is possible for the request to be amended. EPC staff will provide public notice and
conduct a community meeting before providing its recommendation to the EPC board
members at its regularly scheduled meeting on October 20, 2005.
EPC will spend the
next several weeks reviewing the variance application and taking public comment.
After a complete review, the Executive Director will provide a staff recommendation
to the Commission. If the Commission approves the variance application in some form
acceptable to CCE, the litigation will be dismissed. If the Commission denies the
application, the litigation will be resumed. In that case, a temporary injunction
hearing is tentatively scheduled for December 12-15, 2005.
The
application for variance
is available in PDF format on EPC’s website at
www.epchc.org
Contact Persons:
Richard D. Garrity, Ph.D. and Richard Tschantz, Esq.
EPC Executive Director EPC General Counsel
Phone: 627-2600 ext. 1002 Phone: 627-2600,
ext. 1056
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_____________________________________________
July 27, 2005
The following is a joint statement
from the Environmental Protection Commission of Hillsborough County and Clear
Channel Entertainment:
The Environmental Protection Commission and Clear Channel Entertainment are
pleased to announce that they have had fruitful discussions in the court ordered
mediation process regarding their dispute over noise issues at the Ford
Amphitheatre. Because of this, both parties requested
that Judge Honeywell put a
hold on legal proceedings to allow for further negotiation.
“We are hopeful that this stand-down period will give both parties the opportunity
to work towards a fair and reasonable resolution of the citizens’ concerns regarding
noise from the Amphitheatre,” said Dr. Richard Garrity, Executive Director of the
Environmental Protection Commission.
‘We believe we have a workable agreement and look forward to bringing this to the
full commission for approval,” added Ed Morrell, Executive Director of the Ford
Amphitheatre. “We are committed to providing the best experience for music fans with
minimal disruption to our neighbors. We are working with EPC to finalize a broad
package of architectural, structural and administrative changes at our own expense,
and are confident they will address the EPC’s and neighbors concerns. And we look
forward to working with the EPC to finalize appropriate sound standards that can
provide the foundation for permanent improvements and fair, evenly applied rules.”
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For Immediate Release
July 22, 2005
News Brief
EPC Amends Ford Amphitheatre
Lawsuit
Tampa, FL – On
July 21, 2005, the Environmental Protection Commission (EPC) of Hillsborough County
filed an amended lawsuit addressing the Thirteenth Judicial Circuit Court of
Hillsborough County’s recent dismissal of the EPC’s previously filed lawsuit against
the Florida State Fair Authority (Fair).
The amended
lawsuit clarifies the various reasons why the Fair is subject to the EPC’s
regulatory authority and as the property owner, may be responsible for past and
continued noise violations of its tenant, CC Entertainment Music – Tampa, LLC (Clear
Channel), at the Ford Amphitheatre.
The amended
complaint also updates the most recent concert violations. The Fair and Clear
Channel have 10 days to respond to the EPC’s amended lawsuit. After further legal
arguments, the court will readdress whether the Fair is subject to EPC’s regulatory
jurisdiction.
Settlement
discussions are still ongoing. A court ordered mediation session between all
parties will take place on July 25. In a separate exchange of correspondence, the
Fair and EPC are attempting to set up settlement discussions leading to an amicable
resolution to the legal proceedings. This is intended to assist the residents of
Hillsborough County and the state by reducing the taxpayers’ burden in financing
additional legal actions.
Background:
On December 21,
2004, the EPC filed a lawsuit and a motion for temporary injunction in the court
against Clear Channel and the Fair for violations of the EPC Act and Chapter 1-10,
Rules of the EPC regarding noise violations and noise nuisance violations stemming
from concerts held at the Ford Amphitheatre.
On July 11,
2005, Judge Charlene Honeywell dismissed the EPC’s lawsuit, as it concerns the
Fair only, based upon grounds that the Fair is immune from suit by virtue of the
principle of sovereign immunity that protects many government agencies from certain
lawsuits. However, the court allowed the EPC 10 days to amend its lawsuit to show
how the Fair may still be held liable under various sovereign immunity waiver
provisions in the law. The court is expected to rule on July 25 regarding Clear
Channel’s similar legal argument that it should be immune from the EPC’s noise
regulation because it is located on Fair property and supposedly carries out a state
function.
In a related
case, two citizens on behalf of the State of Florida have filed suit against Clear
Channel for noise nuisance violations. The case was partially consolidated with the
EPC’s case. The citizen’s case is currently scheduled for a temporary injunction
hearing beginning at 8:30 a.m. on July 27 and continuing through July 28 at the
Edgecomb Courthouse, 5th Floor.
Contact Person:
Richard D.
Garrity, Ph.D., E PC Executive Director
813-627-2600
ext.1002
or
Richard
Tschantz, EPC Legal Counsel
813-627-2600
ext. 1056
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For Immediate Release
July 12, 2005
News Brief
Amphitheatre Ruling
Tampa,
FL – On December 21, 2004, the Environmental Protection Commission of
Hillsborough County (EPC) filed a complaint and a motion for temporary injunction in
the circuit court against CC Entertainment Music – Tampa, LLC (CCE) and the Florida
State Fair Authority (the Fair) for violations of the EPC Act and Chapter 1-10,
Rules of the EPC (Noise) regarding noise violations and noise nuisance violations
stemming from concerts held at the new Ford Amphitheatre.
In a
ruling yesterday, July 11, 2005, Judge Charlene Honeywell dismissed EPC’s complaint,
as it concerns the Fair only, based upon grounds that the Fair is immune from
suit by virtue of the principle of sovereign immunity. The Judge however allowed
EPC ten days to amend its complaint to show how the Fair may still be held liable
under various immunity waiver provisions in the law. EPC General Counsel, Richard
Tschantz, said that the agency fully intends to amend its complaint and attempt to
hold the Fair responsible for the continued noise violations of its tenant, Clear
Channel Entertainment. The Judge has yet to rule on Clear Channel’s similar legal
argument that it also should be immune to the EPC’s noise regulation.
EPC’s
requested temporary injunction hearing, which seeks the prevention of future
concerts until the conclusion of the lawsuit, began on February 26, 2005 but was
suspended after one day of EPC testimony. That hearing is still scheduled to resume
on August 29, 2005.
In a
related case, two citizens have filed suit against Clear Channel for noise nuisance
violations and that case was partially consolidated with the EPC’s case. The
citizen’s case is currently scheduled for a temporary injunction hearing on July 27,
2005 and is unaffected by the Court’s ruling as to the Fair’s immunity.
If anyone
has questions or needs further clarifications, they can contact the Agency at (813)
627-2600.
Contact Person:
Richard Tschantz ext. 1056
EPC Legal Dept.
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Notice
of a closed session meeting |
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Notice is hereby given that on Thursday June 16, 2005, at 10:30 a.m., in the BOCC
Back Conference Room, the Environmental Protection Commission will go into closed
session pursuant to Section 286.011(8), Florida Statutes. The Commissioners will
discuss settlement negotiations and litigation strategies regarding Environmental
Protection Commission of Hillsborough County vs. CC Entertainment Music – Tampa LLC
and Florida State Fair Authority (Case No. 04-11404) and CCE vs. EPC and FSFA (Case
No. 05-1565).
The meeting will last approximately
45 minutes and will be attended by Commission Chair Kathy Castor; Commissioners
Ronda Storms, Thomas Scott, Jim Norman, Ken Hagan, Brian Blair, and Mark Sharpe; EPC
Executive Director, Richard Garrity; EPC General Counsel, Richard Tschantz; and EPC
Special Counsel, Mark Bentley.
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For Immediate
Release
May 17, 2005
News Brief
EPC and Two
Private Citizens File Suit against CC Entertainment
Tampa,
FL – The Environmental Protection Commission of Hillsborough County, and
two private citizens, Dr. Edward Schroering and Brenda Gaston, today filed a
separate lawsuit against CC Entertainment Music-Tampa, LLC for noise nuisance
violations stemming from a concert held at the Amphitheatre on April 30, 2005. This
case does not involve the Florida State Fair Authority. The lawsuit is seeking to
prohibit the upcoming scheduled concerts from violating EPC's noise limits and
causing a nuisance. There are 14 concerts scheduled at the Ford Amphitheatre
between now and November 4, 2005.
In the first
count of the complaint, the EPC is filing suit for violations of its noise nuisance
laws and regulations found in the EPC Act and Chapter 1-10, Rules of the EPC
(Noise). In the remaining four counts, the citizens are suing CCE for common law
nuisance and statutory nuisance violations. These citizens have sued CCE in the
name of the State of Florida on behalf of all affected residents. Among other
relief, both the EPC and private citizens are seeking a temporary injunction
requiring CCE to immediately cease holding concerts at the Amphitheatre until
permanent corrective measures are undertaken and completed that establish ongoing
compliance with the EPC Act and Rules. The EPC is also seeking civil penalties and
costs.
On December 21,
2004, the EPC filed a complaint and a motion for temporary injunction in the circuit
court against CCE and the Florida State Fair Authority for noise level violations
and noise nuisance violations stemming from concerts held at the Ford Amphitheatre.
This initial suit deals with concerts that occurred between July 2004 and January
2005. This new action is being taken to assure compliance with the EPC Act and Noise
Rules, along with the State of Florida's nuisance statute.
Contact Person:
Richard Tschantz
272-5960 ext. 1056
EPC Legal
Division
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For Immediate
Release
May 12, 2005
News Brief
Amphitheatre Injunction Hearing
Rescheduled
Tampa, FL – On
December 21, 2004, the Environmental Protection Commission of Hillsborough County
filed a complaint and a motion for temporary injunction in the circuit court against
CC Entertainment Music – Tampa, LLC and the Florida State Fair Authority for
violations of the EPC Act and Chapter 1-10, Rules of the EPC (Noise) regarding noise
violations and noise nuisance violations stemming from concerts held at the new Ford
Amphitheatre.
The temporary
injunction hearing, which seeks the prevention of future concerts until the
conclusion of the lawsuit, began on February 26, 2005, but was suspended after one
day of testimony by the EPC. The case was subsequently transferred to Judge Charlene
Honeywell.
In a hearing
yesterday, May 11, 2005, EPC attorneys requested a date in which to continue the
temporary injunction hearing. The balance of the hearing is scheduled to last
approximately three days. Judge Honeywell scheduled the dates of August 29, 30 and
31 to resume the hearing. At this time, approximately 11 concerts are scheduled at
the Ford Amphitheatre prior to August 29. EPC will continue to monitor concert
events and record continued exceedences of EPC noise rules and nuisance violations.
Contact Person:
Richard Tschantz
EPC Legal
Division
(813) 272-5960
ext. 1056
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Notice of Closed Session
Notice is hereby given that on Wednesday March 9, 2005, at 1:30 p.m., in the BOCC
Back Conference Room, the Environmental Protection Commission will go into closed
session pursuant to Section 286.011(8), Florida Statutes. The Commissioners will
discuss settlement negotiations and litigation strategies regarding Environmental
Protection Commission of Hillsborough County vs. CC Entertainment Music – Tampa LLC
and Florida State Fair Authority (Case No. 04-11404) and CCE vs. EPC and FSFA
(Case No. 05-1565).
The meeting will last approximately 30 minutes and will be attended by Commission
Chair Kathy Castor; Commissioners Ronda Storms, Thomas Scott, Jim Norman, Ken Hagan,
Brian Blair, and Mark Counsel, Richard Tschantz; and EPC Special Counsel, Mark
Bentley.
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Previous Press
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For Immediate Release
January 20, 2005
News Brief
Amphitheatre Injunction
Hearing Continued
EPC and Florida State
Fair Authority reach agreement on Fair sponsored concerts
Tampa, FL – On December 21,
2004, the Environmental Protection Commission of Hillsborough County (EPC) filed a
complaint and a motion for temporary injunction in the circuit court against CC
Entertainment Music – Tampa, LLC and the Florida State Fair Authority for violations
of the EPC Act and Chapter 1-10, Rules of the EPC (Noise) regarding noise violations
and noise nuisance violations stemming from concerts held at the new Ford
Amphitheatre.
The EPC previously had an
injunction hearing scheduled for January 14, 2005 to address the EPC’s motion for
injunction which seeks the prevention of future concerts until the conclusion of the
lawsuit. At the Defendant’s request, the Court first continued the injunction
hearing until February 4, 2005. Today, the Court again continued the hearing until
Saturday, February 26, 2005 at 9:00 a.m., at the Defendant’s request, in order to
allow further time for the parties to prepare.
In another development in
the case, the EPC met in a closed litigation session and agreed to a Memorandum of
Understanding with the Fair that will allow the four Fair sponsored concerts to go
on under certain conditions without the threat of the injunction. Some of the
conditions are summarized as follows:
The concerts
will conclude by 10:00 p.m.
Eight foot sound
attenuating blankets will be installed
The elevated
lawn speakers will not be utilized
Special
equipment will be utilized to monitor agreed upon sound levels
Technicians will
be stationed at the mixing booth and two roving
teams with monitors will call in readings from the surrounding
neighborhoods
EPC monitoring
technicians will have phone contact with Fair officials
This Memorandum of
Understanding applies only to the 2005 Fair sponsored concerts occurring between
February 10th and 21st. Concerts sponsored by Clear Channel are not covered by the
agreement.
This action is
being taken to assure compliance with the EPC Act and Noise Rules. If anyone has
any questions or needs further clarifications, they can contact the Agency at (813)
272-5960.
Contact Person:
Richard Tschantz ext. 1056
EPC Legal Dept.
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For Immediate Release
January 12, 2004
NEWS BRIEF
Amphitheater Injunction Hearing Continued
On December 21, 2004, the Environmental Protection Commission of
Hillsborough County (EPC) filed a complaint and a motion for temporary injunction in
the circuit court against CC Entertainment Music – Tampa, LLC and the Florida State
Fair Authority for violations of the EPC Act and Chapter 1-10, Rules of the EPC
(Noise) regarding noise level violations and noise nuisance violations stemming from
concerts held at the new Ford Amphitheater.
The EPC had a hearing scheduled for January 14, 2005 to address the
EPC's motion for injunction which seeks the prevention of future concerts until the
conclusion of the lawsuit. The Defendants filed an emergency motion on January 11,
2005 to continue the injunction hearing. The continuance motion hearing occurred on
January 12, 2005, and Judge Holder granted a three week continuance until February
4, 2005. Citing the many technical matters that need to be explored in order for
the parties to conduct a fair injunction hearing, the judge granted the continuance
of the injunction hearing in order to allow for further discovery. Among other
things, the judge also ordered the parties into a mediation session to be held prior
to February 4, 2005.
CONTACT PERSON:
Richard Tschantz
(813) 272-5960, extension 1056
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For
Immediate Release
December 21, 2004
News
Brief
EPC
Files Suit Against
CC Entertainment Music-Tampa, LLC and the Florida State Fair Authority
Seeking Civil Penalties and Injunctive Relief
Tampa, FL – On December 9, 2004, the Environmental Protection
Commission of Hillsborough County (EPC) authorized EPC staff to take legal action to
require that CC Entertainment Music-Tampa, LLC (CCE) and the Florida State Fair
Authority comply with EPC’s Noise Rule. On December 21, 2004, the EPC’s General
Counsel, Richard Tschantz, filed suit on behalf of the EPC Board seeking civil
penalties and injunctive relief. The purpose of this action is to initiate the
process to enjoin CCE and the Florida State Fair Authority from holding further
performances at the amphitheatre until they provide assurance they can operate
within EPC’s noise level limits. The next step in gaining the injunctive relief is
to have the matter heard before a judge. Only a judge can issue a temporary
injunction, and EPC is seeking an expedited hearing before the next scheduled
concert on January 29, 2005.
Today’s action is a result of CCE and the Florida State Fair
Authority’s consistent failure to meet the noise level limits set forth in the EPC’s
noise rule during concerts at the Ford Amphitheater. On August 27, 2004, EPC issued
an Administrative Order that required that both parties cease causing all noise
violations during concerts. CCE and the State Fair Authority appealed that Order.
To date, EPC staff has documented over 37 separate violations of its noise standards
within the surrounding communities, and received over 162 noise complaints from
citizens who have said they have been affected by the noise.
This action is being taken to assure compliance with the EPC Act and
Noise Rules. If anyone has any questions or needs further clarifications, they can
contact the Agency at (813) 272-5960.
Contact
Person:
Richard
Tschantz ext. 1056
Rick
Murrati ext. 1058
EPC Legal
Dept.
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For Immediate
Release
December 9, 2004
News
Brief
EPC to Take Legal Action Against CC Entertainment Music- Tampa, LLC and the Florida
State Fair Authority to Require Compliance with the EPC’s Noise Rule
Tampa,
FL – On December 9, 2004, the Environmental Protection Commission of Hillsborough
County (EPC) authorized EPC staff to take legal action to require that CC
Entertainment Music- Tampa, LLC (CCE) and the Florida State Fair Authority
comply with EPC’s Noise Rule. Through this announcement, the Executive Director,
Richard Garrity, is stating his intention to file a lawsuit to enjoin CCE and the
Florida State Fair Authority from holding further performances at the amphitheatre
until they provide assurance they can operate within EPC’s noise level limits. This
lawsuit will be filed following Saturday’s benefit concert and will not prevent it
from being held. This decision to file following Saturday’s performance is based on
the timing necessary to prepare and execute a defensible suit and the unprecedented
cooperation being offered from Saturday’s promoters to control the noise. EPC staff
will be closely monitoring Saturday’s event.
Today’s
action is a result of CCE and the Florida State Fair Authority’s failure to comply
with an Administrative Order, which was issued by the EPC on August 27, 2004. This
Administrative Order required that both parties cease causing all noise violations
due to concerts at the Ford Amphitheatre. To date, EPC staff has documented over 37
separate violations of its noise standards within the surrounding communities, and
received over 162 noise complaints from citizens who have said they have been
affected by the noise.
These
legal actions are being taken to assure compliance with the EPC Act and Noise
Rules. If anyone has any questions or needs further clarifications, they can
contact the Agency at 272-5960.
Contact Person:
Jerry
Campbell ext. 1253
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For Immediate Release
August 27, 2004
NEWS BRIEF
EPC Issues Administrative Enforcement Order
to Clear Channel and Florida State Fair Authority
for Continuing Violations of the EPC’s Noise Rule
Tampa, FL – On August 27, 2004, the Environmental Protection Commission of
Hillsborough County (EPC) issued Clear Channel and the Florida State Fair Authority
an Administrative Enforcement Order for violations of the EPC’s noise rule during
recent concerts at the Ford Amphitheater.
Clear Channel operates the Ford Amphitheater which is located at the Florida
State Fairgrounds in east Tampa. This recently completed outdoor venue has hosted a
variety of musical performances since its opening in July. Despite their efforts to
contain the noise at the facility, Clear Channel continues to cause noise violations
that impact surrounding residential properties. To date, the EPC has received over
70 citizen complaints.
The concerts on August 18th and August 24th violated the
EPC’s standards in at least three different residential neighborhoods. Consequently,
EPC’s Executive Director, Dr. Richard Garrity, issued an Administrative Order. This
Order specifies immediate corrective actions to minimize the existing nuisance, and
requires a plan for a permanent fix to comply with all noise standards. EPC is
taking this action to ensure compliance with noise level limits in EPC Rules, which
are intended to protect citizens from excessive noise.
CONTACT PERSON:
Jerry Campbell ext. 1253
Richard Tschantz ext. 1056
(813) 272-5960
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Related Links:
Noise Lawsuit could cancel future show -
St. Pete Times
County Sues Over Volume at Venue -
Tampa Tribune
A Noisy Issue - Bay News 9
Officials heap scorn on noisy concert venue - St. Petersburg Times
County Seeks Injunction To Lower Amphitheater Volume - Tampa Tribune
Charity concert
meets noise law
-
WTSP
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