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Boone Saloon, Char File Civil Complaint in Watauga County Superior Court Last Week Over Noise Ordinance

By Paul T. Choate

March 30, 2012. BOONE – On Thursday, March 22, Boone Saloon and Char filed a civil complaint with the Watauga County Superior Court about changes to the noise ordinance that was put in place in February.

“We think that the town didn’t act correctly with all the hearings we had with the noise ordinance,” said Stephen “Skip” Sinanian, owner of Boone Saloon. “Also, we had a petition with 1,200 signatures that was completely disregarded.”

According to Sinanian, the two restaurants are being represented by attorneys Jak Reeves, Tamara DiVenere and Anné Wright.

The three attorneys came to Sinanian wanting to represent them in the lawsuit, and Sinanian then went to Char about it, where the owners of Char agreed to join the legal battle.

“We didn’t want this to be a huge class action, but we wanted to make it larger than just one restaurant,” said Sinanian.

Boone Saloon has had police come three times since the noise ordinance was passed. The first two times, they were within the legal decibel level. Last night they were ticketed during the Jahman Brahman show. Sinanian said during the first four months of the noise ordinance no fines will applied during the “trial period” and therefore Boone Saloon will not have to pay anything for the ticket.

The changes Boone Saloon and Char want to see with the noise ordinance are higher decibel limits and decibels measured from complainants’ residences rather than near the building the noise is coming from. The lawsuit is not attempt to sue the town for any monetary gain.

“Emphatically, we’re not trying to get any money from the town,” said Sinanian. “We just want a legitimate and reasonable law passed on this issue.”

He added that he thinks raising the decibel limits during the week to 70 to 75 would be “fantastic.”