Neighbors of White Oak Music Hall target City Hall in lawsuit

Matthew Logan Vasquez performs at the Lone Star Beer Texas Heritage Festival at White Oak Music Hall Saturday July 02,2016. Matthew Logan Vasquez performs at the Lone Star Beer Texas Heritage Festival at White Oak Music Hall Saturday July 02,2016. Photo: Dave Rossman, Freelance Photo: Dave Rossman, Freelance Image 1 of / 41 Caption Close Neighbors of White Oak Music Hall target City Hall in lawsuit 1 / 41 Back to Gallery

Residents in Houston's Near Northside have added a new defendant to their lawsuit against the White Oak Music Hall concert venue - the city of Houston.

Neighbors of the controversial concert venue argue in court documents filed Tuesday that the city has not correctly enforced sound ordinances against the music hall on Main Street, north of Interstate 10.

Enforcement is erratic because the city does not give the Houston Police Department sufficient resources, the residents' lawyer said.

"You have a major rock mosh-pit venue in the middle of a neighborhood, and there's one sound meter for a single sergeant to use in a wide geographic area," attorney Cris Feldman told the Chronicle.

Residents also argue the city should measure the venue's noise from the White Oak Music Hall property line, Feldman said.

"If the city properly enforced the sound ordinance ... White Oak Music Hall would not be able to maintain its current conduct," the attorney added. "But the city is giving them a pass with its head-in-the-sand approach."

A spokeswoman for the mayor's office, Tanya Makany-Rivera, said the city had no comment.

LEGAL FIGHT: Neighbors file suit against White Oak Music Hall developers

Residents of the historically Hispanic, working-class neighborhood first filed suit in December, arguing the concert venue infringed on their property rights by hosting "loud and disruptive events with large crowds." Neighbors claim they cannot get "uninterrupted sleep, partake in indoor activities without the invasion of inordinately loud and disruptive noise, or enjoy their home environment without the windows and walls shaking."

A nearby resident, Theresa Cavin, previously told the Houston Chronicle that her son, who has autism, gets disturbed by the noise from concerts, panics and has trouble sleeping.

Photo: Jon Shapley, Staff From left, Theresa Cavin; her daughter, Hannah Quintanilla, 7; her...

The neighbors won a temporary restraining order last year that banned outdoor events with amplified sound. However, that order expired Dec. 30. The music hall proceeded to book outdoor shows for the summer months.

Several bands are scheduled to play outside on upcoming weekend nights, including the Turnpike Troubadours on July 21, Young the Giant on Sept. 30 and alt-J on Nov. 17, according to the White Oak Music Hall calendar.

The residents previously appealed to Mayor Sylvester Turner, who pointed out that the concert venue got underway before he took office and in January promised a "deep dive" into the issue.

TURNER RESPONDS: Mayor promises 'deep-dive' look at White Oak Music Hall controversy

The concert venue's management called the latest development "disappointing" in a statement sent to the Chronicle:

"White Oak Music Hall believes that both the City of Houston and the Houston Police Department have faithfully fulfilled their obligations to respect both the rights of nearby residents and White Oak Music Hall in a fair and impartial manner. The City of Houston and the Houston Police Department remain important gatekeepers against the plaintiffs' strategy of making frivolous emergency calls for service to prop up their case, which directs police resources away from real emergencies."

Music hall owners Johnny So, Will Thomas, Will Garwood and Jagi Katial said they have built goodwill in the Heights and beyond by opening their doors for community-enriching events that appeal to a variety of interests, the Chronicle previously reported.

"Here's an asset," So said. "We are locally owned and operated and we want to be approachable for outside organizations to come to us with ideas."

They said they've hosted morning yoga sessions with Heights-based Black Swan Yoga. Another event was a "Sober Bowl" that featured celebrities, music and activities for kids on the day of the Super Bowl for those who wanted in on the fun but not the hangover. The venue recently allowed Northside High School to use the space for their jazz and dance teams, as well as summer dance and music clinics while the high school undergoes renovations.

However, neighbors say some of those activities were paid events while others were mandated under an agreement with the city.

The full trial in this lawsuit is scheduled for October, according to Wayne Dolcefino, a spokesman for the residents.

"Until then, all our currently scheduled (outdoor) shows and indoor shows will proceed as normal," So told the Chronicle recently. "We believe over the past few months we have gathered useful, real-world and scientifically based data regarding our outdoor concerts, which can be used not only to evaluate the plaintiffs' case, but to address neighborhood concerns. Although we remain hopeful for a mutual resolution, we continue to prepare for trial in October."