Articles
Home Concert Public Hearing
March 06, 2008
Boulder County Commissioners may decide next Thursday (March 13th at
5 pm) to regulate house concerts and other "home events," or choose to exempt them from the current definition of illegal commercial activity. Held in the Pearl Street Mall County Court in Boulder, the public hearing focuses on proposed "home events" regulations that regulate some forms of gatherings but excludes others with similar neighborhood impact.
This activity disparity is what bothers house concert host Greg Ching whose living room concerts received a July 2006 cease and desist order despite no complaints about noise, parking, or traffic since beginning in 1999. "Quiet house concerts have no greater impact than any other neighborhood party whether it is an outdoor BBQ, political fund raiser, prayer meeting with donations, or any social event that involves pooling of resources. The same nuisance law prohibitions should apply equally to all these events." Ching also argued that the new proposed regulations are unnecessary, unenforceable, and unconstitutional.
In previous public meetings, former Boulder County Land Use Director Graham Billingsley admitted Boulder County receives only one or two outdoor nuisance noise complaints per year. There was even one along Magnolia Road last summer. He was able to shut down these neighborhood nuisances with existing noise and illegal commercial activity laws.
The proposed regulations currently say home events may be held only twelve (12) times per year with no more than four (4) per ninety (90) day period. These regulations only apply if gatherings exceed 25 or more people so enforcement requires monitoring and record keeping.
Supporters point to a Federal house concert case taking place in Pennsylvania. Constitutional issues of free speech and peace assembly, prior restraint, and unequal protection under the law are involved. Boulder's proposed regulation may be invalidated or weakened if the Third Circuit Court of Appeals decides in favor of that particular house concert host.
For more details on the Aspen Meadows House Concerts series see http://aspenmeadowhc.org/.
