This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.
A bill to make it clear in state law that Colorado cities and towns are in charge of setting noise limits within their borders failed in a House committee by a single vote Tuesday, after handily clearing the Senate. Lawmakers expressed concerns that the proposal usurped the right of Colorado residents to live peacefully in their homes.
Senate Bill 98 came in direct response to a ruling from the Colorado Supreme Court last September that found the city of Salida had improperly issued a permit to a downtown bar for live outdoor music events at louder volumes than allowed in state law. Colorado’s 1971 Noise Abatement Act provides statewide protections, particularly for noise in residential areas, protections that a local community cannot override except in limited circumstances. Those circumstances do not include providing exemptions for private businesses, the court ruled.
Proponents of the legislation said the Salida ruling set a potentially destructive precedent for local economies. For decades, cities across the state had been offering noise permits to private operations, for events ranging from concerts on brewery patios to music festivals.
While the impact of the bill would have been felt statewide, debate over the legislation focused almost entirely on one property: The Ford Amphitheater in Colorado Springs. The city’s first major outdoor music venue has faced both acclaim and controversy from the beginning.
In January, some Colorado Springs area residents used the Supreme Court’s Salida ruling to sue the amphitheater, arguing that the noise levels are unhealthy and disruptive. Neighbors said the concerts exacerbated PTSD symptoms and exposed children to vulgar language. Lawmakers said they were sympathetic to those concerns.
“I want to acknowledge the residents who shared that they haven't been able to live peacefully in their homes. That matters. Everyone deserves rest, safety and stability where they live,” said Democratic Rep. Jamie Jackson of Aurora as she explained her no vote.
Senate Bill 98 was seen as an effort to ensure the Ford Amphitheatre could continue operating as normal, while nearby residents complained the sound has greatly impacted their quality of life.
“I’m generally a very strong opponent of local control, but there’s nothing more local than your own private property, so I think this is a place where it is appropriate to have statewide standards,” said Republican Rep. Chris Richardson from Elbert County.
The House Transportation, Housing & Local Government committee defeated the bipartisan bill by a 7-6 vote.
“People should be able to be in their home and not have their house vibrating while they're trying to enjoy their life. And I'm hard pressed to believe this is not a solvable problem,” said Democratic Rep. Amy Paschal from Colorado Springs.
The bill’s hearing in the House last week lasted nearly seven hours, with many opponents from the Colorado Springs area testifying against it. A lot of those residents also met personally with committee members ahead of the hearing.
“We would usually catch them when they were coming off the house floor or going into their offices,” resident Murray Relf said. “Our strategy was simply the truth. I mean, all we did was just told them what our experience was and how local control, at least in Colorado Springs, has just simply failed.”
Still, Relf said it felt like an uphill battle. Dozens of lobbyists were involved in supporting the bill, including the powerful Colorado Municipal League, which drafted the legislation. The disgruntled neighbors of the Ford Amphitheater, by contrast, had hired three lobbyists to fight against it.
The bill sailed through the Senate, passing on a 30-4 vote.
“It was an absolute David versus Goliath moment,” said Relf of the House committee vote to defeat the measure. He moved from his Colorado Springs home to Monument late last year due to the Ford Amphitheater’s noise. He has remained deeply involved in the efforts opposing the bill and the amphitheater.
Kevin Bommer, Executive Director of the Colorado Municipal League, said the bill was intended to preserve what had long been the status quo for communities before the Colorado Supreme Court’s “recent botched decision.”
“Because of the committee’s failure to act today, important local events and businesses in venues around the state are put at risk,” Bommer said.
After the contentious initial House committee hearing, the bill sponsors delayed the committee’s vote by a week to try to shore up support. Several committee members acknowledged how hard the sponsors worked to try to find a compromise.
“A tremendous effort has gone in to reconcile what I think ultimately is irreconcilable at the moment,” Democratic committee chair Rep. Meg Froelich of Denver said.
Sponsors of the bill say Colorado will now be left with perhaps the most aggressive statewide noise limits in the country. Democratic Rep. Mandy Lindsay of Aurora said the majority of states defer to local governments for noise abatement and regulation.
“And notably, many of the states with statewide limits have dedicated offices that work in concert with local governments to handle noise issues, and Colorado does not, because this has always been a matter of local regulation and enforcement,” Lindsay said.
“This is something philosophically that should be at the local level,” she added. “I want some clarity for events, and venues, festivals, and fun things that happen in communities.”
Republican Rep. Max Brooks of Castle Rock, another sponsor, said the Colorado Springs situation isn’t a reason to change how Colorado communities have regulated noise.
“I'm deeply regretful that that's not working the way that it should in Colorado Springs, but that is the way that it works, very efficiently in other areas,” Brooks said.
With efforts to change the state’s noise laws now seemingly dead, at least for this legislative session, neighbors of the Ford Amphitheater are turning their attention back to their lawsuit seeking to force the venue to bring its volume levels back within state regulations.
“Maybe this will get the city (of) Colorado Springs’ attention,” Relf said. “Maybe the mayor and City Council will finally start to listen to the community.”
