Thursday, April 17, 2008

Injunction Brought Against Restaurant's Amplified Music in 1979

Some kind of audibly imposing restaurant has existed at The Bound'ry's location for a long time, a fact which is attested to by court documents from 1979. At that time an injunction was brought by married couples and individuals of the Disciples Divinity House (which was built in the 1950s and still houses residents today) against "Daddywackers, Inc.," which owned and operated a restaurant with electronic amplification equipment occupying the space where The Bound'ry now resides.

The 1979 injunction charged that Daddywackers was operating "in such a manner as to unreasonably interfere" with "the reasonable use and enjoyment" of the residents' living quarters. The injunction--filed pending a law suit to "restrain and prohibit the Defendants"--argued that the commercial business constituted "a nuisance." The hall's lawyer argued that music was "plainly audible between the hours of 10:00 p.m. and 7:00 a.m. at a distance of 100 feet," which was a violation of the existing law.

An injunction and a lawsuit 30 years ago do not sound like a legacy of neighborhood contentment and acceptance of amplified music to me. Although I concede that those bar patrons who stagger out of a pulsating establishment after midnight with a hard beer buzz on may not think that the establishment is a nuisance as they head back to their quiet homes elsewhere.

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