Neighborhood riled by Rail Events Center commotion

Concerned residents are suing the concert venue for noise issues

Published: Thursday, July 22 2010 11:02 p.m. MDT

Concertgoers arrive at The Rail in Salt Lake City on July 10. A homeowners association has filed a lawsuit against The Rail and the city because of long-standing noise issues.

Kristin Murphy, Deseret News

SALT LAKE CITY — Drawing an indelible line in the sand separating personal freedoms from legal protections, U.S. Supreme Court Justice Oliver Wendell Holmes famously wrote that "the right to swing my fist ends where the other man's nose begins."

A less clear distinction, however, separates two sides of a running dispute between a group of Salt Lake City residents and a downtown entertainment venue — an argument that may become commonplace as the city's urban core fills up with new, mixed-use developments.

The question at hand is "How loud is too loud?" and it was raised when The Rail Events Center opened for business last August, hosting live bands and dance events in a former warehouse space near 300 North and 500 West. At the back of the building, just a few yards away, is a row of tidy, townhouse-style condominiums.

Carol McCracken lives in one of those homes and says she's had dozens of sleepless nights since last fall, thanks to the new business.

"When there's stuff going on over there, I'm forced to try to sleep on my couch because it's too loud in my bedroom," McCracken said. "I feel like a prisoner in my own home."

McCracken said she and others in her neighborhood have called the police on multiple occasions since The Rail opened its doors and have even taken their complaints to Mayor Ralph Becker's office, but little to nothing has changed.

The Rail's lawyer, Steve Gordon, said the owners of the venue went to great lengths when renovating the space to ensure that shows there would not bother the nearby neighbors, even hiring a sound engineer to aid in design. Upon opening for business, however, it became clear that the sound-proofing was inadequate. Gordon said being a good neighbor was a top priority for the owners, so they made further changes.

"When the ownership learned of the initial complaints, they spent a great deal of time and money to fix the problem," Gordon said. "They spent in the near six-figure range to install improvements."

McCracken said Rail owners told her about the changes and even gave her a tour of the building to show her what they'd done.

"All I saw were some curtains and what they told me was a soundproofing paint," McCracken said.

Gordon counters it was significantly more than that.

Michael Stott, a community liaison from Becker's office, has tried for months to find a middle ground between the residents and The Rail.

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