TEMPE, Ariz. — Editor's Note: The above video is from an earlier broadcast.
Tempe's elected officials are pledging their support for Shady Park after the music venue announced it would have to discontinue live events due to a legal dispute filed by a neighboring retirement community.
A judge recently ruled against Shady Park in a complaint brought on by Mirabella at ASU and set parameters for when and how loud Shady Park can play music.
The business said the judge's parameters would force them "to cease all live music operations as the restrictions mandated make it impossible" to hold live music events.
Tempe Vice Mayor Randy Keating said Thursday he's siding with Shady Park and convinced other members of the city council to co-sign a letter of support for the business.
"Shady Park has been a consistent force for good in Tempe's downtown," Keating said Thursday.
The judge's ruling could have a "chilling effect" on all live music events in Tempe, Keating added, and could negatively impact other cultural events held in the city.
Furthermore, Tempe's leaders don't appreciate a judge stepping in on their territory and attempting to resolve local conflicts.
"We are concerned about the precedent of substituting a judge's opinion on a matter of local concern instead of allowing us, the elected officials, to determine the best policies for our community," the vice mayor added.
In response to Keating's statement, Mirabella at ASU's executive director, Tom Dorough, said the Tempe City Council should review all the evidence in the legal case before making judgments.
"After careful consideration of more than 20 witnesses and more than 100 exhibits, the Court simply ordered Shady Park to make reasonable changes to the way they operate their outdoor concerts," Dorough said. "Rather than comply with these changes, Shady Park has voluntarily chosen to cancel its concerts."
The issue began last year after Mirabella's residents began to make complaints about the noise emanating from Shady Park's EDM club.
Mirabella opened on the corner of University Drive and Mill Avenue in December 2020, a time when Shady Park was closed due to the pandemic. After the live music events started up again, the legal battle between the two neighbors began.
Shady Park has said it's planning to appeal the judge's ruling but said if it is upheld, the venue "will likely be forced to close its doors."