NewsSoutheast Valley NewsTempe News


Community weighs in on judge's ruling on Mirabella-Shady Park lawsuit

Posted at 10:21 PM, Apr 13, 2022
and last updated 2022-04-14 01:21:54-04

TEMPE — "Simply devastating" is how a Valley live music venue describes a new ruling handed down Wednesday. Officials with the venue Shady Park near University and Mill say the decision by a judge could put them out of business.

The complaints are coming from neighbors. Residents of the Mirabella at ASU right next door.

The decision has been building for months. ABC15 is hearing from the community.

The battle between Shady Park and Mirabella at ASU started during pandemic-related closures in Tempe.

The Shady Park Bar and Restaurant, which held concerts, was closed and the Mirabella at ASU moved in. As time progressed, Mirabella at ASU filed a suit seeking a more friendly and calmer neighbor. A judge ordered the venue, Wednesday, to keep things more quiet and end their concerts earlier.

Jeremy Johnson is a Shady Park customer. He calls the judge's ruling "disappointing."

"To say he has to closed early, based off of them going to bed early, maybe you should move somewhere else,” said Jeremy Johnson.

It's worth noting, the judge did not force Shady Park's owner to close.

The judge did decide, after a February trial, Shady Park would need to lower the noise level and end concerts sooner.

But, in a statement on social media, the owner of Shady Park said the restrictions forced him to cease all live music events.

Jeremy Johnson now wonders if the venue can survive without its core audience.

"They are a bar. They can get money off the food and drinks, but when people come for more of an experience, I think you're going to see those people go elsewhere. So, in the long run, it's going to hurt their business,” added Jeremy Johnson.

Ken Johnson is a realtor with EXP Realty and has one question.

"Why are we building a 55-plus community on the ASU campus? This place should be able to have concerts because it is on ASU's campus,” said Ken Johnson.

The 21-year realtor doesn't point the finger at Shady Park, but blames the developer.

“The developer did not do their job. It is not Shady Park’s job to make sure they have the right soundproofing,” added Ken Johnson.

Mirabella at ASU issued a statement expressing appreciation for the ruling and saying, "The ruling provides relief to Mirabella residents and the surrounding community who have been harmed by Shady Park's excessive noise.”

Shady Park's owner plans to appeal.