Saturday, July 3, 2010

Judge issues injunction; New law passed

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.


Joe said...

Thats BS and the dumb as judge cant read or is in cohoots.

The code reads Title 38, Chapter 8, Section 8-06 prohibits the use of electronic sound amplification **equipment** within 500 feet of houses of worship during hours of worship.
The law does not say no concerts at 500 ft

The stage and its amplified equipment are over 600 FT away and in compliance.

The judges ruling implying the law read no concerts at 500 ft is nonsense.

Anonymous said...

The synagogue across the street was told by the mayor in a clip on the news to 'change their hours of worship.'

The Temple' rabbi had an intresting comment: Bloomberg attends the most exclusive synagogues in the city on Fifth Ave.

Something like this would never be permitted there.

Anonymous said...

To Joe : You are defintely the poster boy for Anti-semitism. Your comment isn't even worth answering.

The fact that BP Marty Markowitz , The Mayor & the Thugs in the City Council fast tracked a law to circumvent the existing law just shows that Markowitz was violating NYC law for over 20 years , totally disregarding the proper Sound Permitting process.
His attitude is that the laws only apply to the small people.
Marty Markowitz is a Bagel & Lox Jew. By Markowitz's endrun around the existing law he has mocked his own religion & has ridiculed the synagogues and those who attend worship services there.
Marty violating the laws of NYC is NOT New. He's a serial violator of the NYC laws.
Back in the 1980's Markowitz violated the NYC Campaign finance laws & pleaded guilty ,with the help of Brooklyn DA Holtzman, to a Misdeameanor & was fined $ 8000 & had to do 75 hours of Community Service.
Just in the past year Markowitz violated NYPD rules & regulations by having his tax-payer driven car go through red lights, etc. to a Ribbon Cutting Ceremony. He has a disdain for laws & regulations. It's in his DNA.

I want everyone to know that this fight IS NOT over. Through the Stalin-like tactics of the City Council, they may have one a battle but have not won the war.

We're fired up & ready to fight on.

Anonymous said...

One of the things that seems to be forgotten is just because someone has a permit to amplified equipment doesn't mean that they can crank it up as loud as they want.

Joe said...

I don't care what Marty has going on with those other things. I'm both a studio and FOH (Front of house) sound engineer as well as a musician.
Its the judge and the old farts in the Synagogue who selectively read and mis-interpret the law.

The amplified "devices" are over 500 feet away. These people are trying to call the whole concert, curb line and people a "amplified device"
The judge sided with the Synagogue because he's likely a member.
That's my case end of story on that part.

It has nothing to do with religion. If anything its the people in the synagogue who are prejudge against anybody having jun or not observing their ancient stone age bullshit.
I am not Anti-semite (just anti asshole)
I have lots of Jewish friends....most are musicians and producers who agree what I'm about to say.

Is it about noise or sound levels?
I will start with some facts fist some people don't want to talk about.
Passing bus's directly in front of that Synagogue are over 85 decibels on a C weighte scale. That's more more the then the lawn at an Aerosmith stage & FOH system at the PNC in Homedale NJ at the (same distance from the amplified devices).
Too add Marty is booking "family music" Beach Boys, The Turtles NOT Aerosmith or Ozzy Osbourne.
I calling BS on the noise argument as well.

Curruption? OK, lets talk about curruption:
The f_cking judge ruled without consulting (or allowing) an engineer present.

In Freeport Long Islands nautical mile all the bars comply with microphones and strobe lights to get permits. If you go over 95 db the system fire the strobe. Do it 3 times and it stays on and calls the cops.
Why wont the synagogue or judge agree to this ?
I'll tell ya why !
Its because it's not about concerts or sound levels !
These old observant dinosaurs think the own all of Brooklyn and don't want to look at shicksa in shorts, bikinis or anybody having a good time.
Aside a big problem with women these observant Jews seem to only like quiet, segregation, suffering and misery most of the time and that's a big part of the problem.
They need to relax and enjoy life and quit being slaves to this religion.
Hey that's not the general public's problem !

Irina said...

The stage, microphones, speakers etc, are a little over 300 feet from the synagogues. We know BECAUSE WE MEASURED IT! And not only did WE measure it, but Markowitz & company had city surveyors out there measuring it too! Yeah the concerts can be fun. But they are also a monumental pain in the ass for the community. You can't drive, you can't park, the buses can't get through, ambulances can't get through, your windows vibrate, you can't hear your TV, the thousands of dancing feet beat the crap out of the grass & Markowitz has never so much as bought a bag of grass seed at Home Depot, etc., etc. But everyone puts up with it because no one wants to ruin anyone's good time. And if Markowitz wanted to keep his good ol' 6 nights a year, everyone would probably have contined to grin & bear it. But he wants to take over the only park in a dense, high rise neighborhood to make a year round, commercial venue that will seat more people than Radio City, so we can put up with this crap several nights a week, for a 4 month concert series & 8 months of other events. Many of the folks who come to the concerts come in from Jersey (I kid you not!) Staten Island, Manhattan, Williamsburg, etc. If Bloomberg wanted to put this right outside of THEIR bedroom windows like it is outside of OUR bedroom windows, I bet they would ride him out of town on a rail! Oh and Marty and company DRINK WINE in the VIP section! My buddy was drinking a beer on the Boardwalk & a cop made him dump it out or he would get a ticket. But if you're a politician, NO LAW apples!

Anonymous said...

Such arrogance! Marty Moose is an asshole. I hope he gets what is coming to him!

Joe said...

I played there last year not 300 feet, microphones, backline and drum mic's are not amplified devices.
Anyway I just got the the exact info:
The FOH if placed in front of the stage apron is around 420 facing EAST.
You people are correct its still shy by 80 feet (but not 200)....OK send me to hell.

Marty needs to move the stage or setup a remote stage on the east side of the park.
HOWEVER THEN the FOH will be pointing WEST projecting more toward the synagogues 2X LOUDER with 10 X more Bass but it will be 100% legal.
Is that what they REALLY want ?

This 500 foot law is stupid, sound is measured in Db SPL and frequency's (3 db per octive for human hearing)at X distance from the speaker.

Joe said...

To add FOH speakers and backline instrument amplifiers project (fire) in cone patterns around 32-45 degrees forward. NOT backward.
Bands use in ear monitors these days so monitor leakage (backwash noise is no longer an issue

Anonymous said...

Why can these synagogues just be tolerant its only 60 minute concerts six days a year and been going on since the 90's
They can still pray at 10 PM whats the big deal.

Anonymous said...

To Joe : Your blogs are hateful & You still are an Anti-Semite who happens to know something about sound.
In fact your decibel rating for being an Anti-Semite is overbearing.

Joe said...

Blah Blah Blah !
Why must certain groups who reek of automatic self righteousness and entitlement play the race card every time they don't get there way.

Excuse me but we have something called the 1st amendment in this country. If you don't like or cant read the point of my post it don't read them, shut up, or move.

BTW: I love to be a fly on the wall when these people (who used all their ace cards) see plan B they forced on themselves.


Anonymous said...

Joe said...

...Aside [sic] a big problem with women these observant Jews seem to only like quiet, segregation, suffering and misery most of the time and that's a big part of the problem.
They need to relax and enjoy life and quit being slaves to this religion.
Hey that's not the general public's problem !

Until I saw the above lines, I wanted to believe that you really are not anti-anything, as you said. But based on these lines it does seem like you have this "chip on your shoulder" about Jews and observant Jews in particular.

None of the Jews I know, and I know Jews of many different "stripes", have ever expressed a preference for suffering and misery. Although history happens to be replete with examples of Jews suffering, this obviously does not make it a Jewish preference, so it seems quite unusual for you to make that statement.

As to that and the rest of your statement, if you are truly interested in the truth rather than your misconceptions, why not try speaking to a real Jew instead of the TV depiction, and see what answers you get to those questions, before passing judgment on an entire faith.

-Joe said...

I don't watch TV and live primarily in Ridgewood and Manhasset 1/2 mile from Great Neck.
To add I worked in the entertainment, movie and TV industry over 30 years.
---Enough said

Anonymous said...

To Joe : Not enough said to you Joe : Zig Heil !

You are a real Putz !

Anonymous said...

Hey, Joe, the first amendment gives you a right to free speech, but it does not give you the right to an audience (captive or otherwise)