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JAMESTOWN -- A downtown Jamestown resident is taking his fight against what he terms unnecessary noise to the state Supreme Court.
Gary Templin and his wife Donna live on East Fourth Street a short distance away from the Labrynth Press Company and Brazil Lounge, 10 and 12 E. Fourth St., Jamestown.
The Templins, who have long said events downtown make it difficult for them to enjoy their property, are asking the state Supreme Court in Mayville stop Labrynth and Brazil from playing any music in the outdoor area that creates a nuisance and to find the restaurants actions intentional when they refuse to turn down their music.
The Templins are also asking the court to award costs and attorneys fees.
"Plaintiffs bring this complaint pursuant to a common law theory of private nuisance for an order granting plaintiffs' request for a temporary and permanent injunction enjoining defendants from playing any (loud) music in the outdoor area so as to create a nuisance that degrades the plaintiffs quiet enjoyment of their property; diminishes their quality of life and diminishes their property value …" the lawsuit states.
Music began during the COVID-19 pandemic when Labrynth and Brazil tried to create outdoor seating areas to comply with state seating restrictions on indoor restaurants. The Templins said in their filing that they have had conversations with the business owners after the outdoor seating area was made a permanent fixture after the pandemic ended.
The Templins' complaints about noise from downtown events aren't new. Gary Templin has spoken at several City Council meetings about the issue, though typically the Templins' issues were with loud downtown events formerly put on by the Downtown Jamestown Development Corporation, Jamestown Renaissance Corporation and now the Jamestown Chamber of Commerce.
In August 2019 the city changed its zoning code as it relates to special events, including a section stipulating those who are given a special use permit are not in violation of other city codes relating to noise and blocking streets after Templin said outdoor events featuring music are a violation of the city's zoning code.
Since then, there had been no complaints about downtown events, which typically are limited to block parties outside the Reg Lenna Center for the Arts, the annual Downtown Jamestown Christmas Parade, the Whirleybird Music Festival, downtown farmers market, occasional concerts at the Wintergarden Plaza on North Main Street and the annual Downtown Jamestown Cruisein. None of those events are mentioned in the Templins' lawsuit.
Instead, they claim that music from Labrynth is making it difficult for the Templins to relax in their downtown home. The Templins claim they have seen an increase in loitering, obscene language and the vandalism of property since the outdoor concerts began. The concerts are typically limited to amplified vocals and guitars. Concerts begin at 6 p.m. and are scheduled to end by 8:30 p.m.
"Plaintiffs' demands for reduced level of music are not unreasonable; however defendants have refused to be mindful that the city has dozens of residents that live near their establishments," the lawsuit states. "Plaintiffs cannot sit in their living room and watch TV due to the overbearing level of music playing several doors down the block. Plaintiffs have invested significant amounts of money into their property over the past 30 years and no longer believe such financial investments and improvements are supported by defendants' operation in disregard for city residents. Plaintiffs believe the value of their property has been diminished by the defendants' actions."