From A Walk in the Park:
Brooklyn Judge Issues Preliminary Injunction Requiring City to Comply with Law Re: Amplified Sound In Asser Levy Park
(June 30, 2010 - Brooklyn) Today the Honorable Kenneth P. Sherman of Brooklyn Supreme Court issued a preliminary injunction requiring the City and Brooklyn Borough President Marty Markowitz to comply with the 500 foot rule regarding amplified sound.
The court order states: "It is hereby ordered that the preliminary injunction is granted to the extent that defendants are required to comply with the provision of Title 10, Chapter 1, Section 108 (g) of the New York City Administrative Code until such provisions are amended and become effective as a matter of law."
Last night the City Council passed a bill which would exclude Asser Levy/Seaside Park from the law. The bill to change the law was hastily introduced by Queens Council Member Peter Vallone last week at the request of Mayor Bloomberg. At today's court hearing a representative from the City stated the Mayor was expected to sign the bill on July 12, 2010. The first Seaside Summer Concert is scheduled for July 15.
The fast-tracked bill comes on the heels of a lawsuit filed on June 17 to enforce a long-time law prohibiting amplified sound within 500 feet of houses of worship, schools, hospitals, and courthouses. The amendment is a clear end-run around the existing law.
A lawsuit was filed on June 17, in Brooklyn Supreme Court seeking to prevent the City of New York and Brooklyn Borough President Marty Markowitz from violating the NYC Law. Mr. Markowitz sponsors an annual concert series in Asser Levy/Seaside Park, in Brighton Beach Brooklyn.
Currently the law forbids amplified concerts within 500 feet of a house of worship, schools, hospitals, and courthouses. But Mayor Bloomberg and Brooklyn Borough President Marty Markowitz want to build a $64 million, eight thousand seat amphitheater in Asser Levy/Seaside Park, right across the street from Sea Breeze Jewish Center and Temple Beth Abraham. In violation of the law, these concerts have coincided with the hours of worship of Plaintiff Congregation Sea Breeze Jewish Center and with the hours of worship of Plaintiff Congregation Temple Beth Abraham. The two synagogues are approx. 300 feet away.
The suit is brought against defendants the City of New York and Brooklyn Borough President, Martin Markowitz, with regard to the violation of Title 10, Chapter 1, Section 10-108 (g) of the New York City Administrative Code, and Title 38, Chapter 8, Section 8-06 of the Rules and Regulations of the City of New York (together, the “Code”), which prohibit the use of electronic sound amplification equipment at any location within 500 feet of houses of worship during hours of worship. Plaintiffs are directly and adversely affected by the Defendants’ annual operation of the Parks Department band shell in Asser Levy Park, which comes within 500 feet of Plaintiffs’ houses of worship, as a concert and event venue using electronic sound amplification equipment.
Electronic sound amplification equipment is used during the concerts in addition to sound-checks and rehearsals.