Blow to Bob’s Boathouse in noise ordinance battle

Judge David Denkin has dealt a blow to Bob’s Boathouse in its battle with Sarasota County over the local noise ordinance.

Denkin upheld the constitutionality of the county ordinance, which places varying decibel limits on sound during different parts of the day, with a Feb. 6 order denying owner Tom Lefevre’s motion to dismiss the county’s case against the restaurant. The Sarasota County Sheriff’s Office cited Bob’s Boathouse Sept. 14 for violating the county code, but Lefevre pleaded not guilty and subsequently challenged the ordinance, according to court documents.

Lefevre’s counsel claimed the ordinance violated the First Amendment on the ground that it restricted free speech.

“The ordinance goes no further than necessary to protect Sarasota County's significant governmental interest in protecting residential communities from disruptive noise,” Denkin stated in the order.

Lefevre also questioned the law’s compatibility with the Equal Rights Clause in the Fourteenth Amendment, because commercial properties have unique sound restrictions.

“Because residential land generally designates where people live and sleep, there is rational basis for further restricting sound levels for them,” Denkin stated.

Bob’s Boathouse has remained in compliance since the complaint, according to a Feb. 11 email from Planning and Development Services Director Tom Polk to Assistant County Administrator Mark Cunningham. Code enforcement personnel performed 11 inspections from October through the middle of January at the restaurant without violations, and despite five noise complaints, there were no actual violations observed.

The case will continue with a motion from Lefevre’s counsel to make minor amendments to Denkin’s order.

A chorus of noise complaints from neighborhoods surrounding Bob’s Boathouse led to the county tightening the sound ordinance in March of 2014. More than 20 nearby residents offered testimony during the meeting, and hundreds of emails poured into commissioners’ inboxes.

“This is unprecedented,” said Commissioner Charles Hines during the March meeting.

Former County Commissioner Joe Barbetta expressed sympathy for the neighborhoods affected by noise from Bob’s Boathouse, but had concerns about the enforcement of the new ordinance and the lack of input from area restaurant and bar owners in drafting the new sound rules. He cast the sole dissenting vote.

“I think there are going to be huge unintended consequences of what we’re doing,” Barbetta said. “I don’t think this is a solution — I can’t support it.”