A$AP Rocky's 2013 hit "F—in Problems" has been cited in a lawsuit against downtown Tampa's Franklin Manor.
Florida Politics said the suit brought on by Carter — the Atlanta-based developers of Nine15, a 23-story residential tower across the street from the nightclub and restaurant — alleges that Franklin Manor plays “booming” and sometimes “vulgar” music that keeps residents awake at night.
WE BUILT THIS CITY ON PEACE AND QUIET
Proposed noise ordinance could quiet downtown St. Pete when the party's just starting (2015)
The suit seeks both an injunction and damages from the ownership of Franklin Manor, according to TBBJ, which wrote that "several residents have canceled leases and others have refused to renew because of 'earsplitting, reverberating noise'" from the nightlife hangout.
"As a result of Franklin Manor's excessive noise, it is more difficult to find new residents to lease the apartments," the lawsuit states. "And [the ownership's] revenues have decreased substantially."
The City of Tampa’s noise ordinance bans anything louder than 85 decibels in downtown between 6 p.m. and 3 a.m. That's tantamount to the noise level of city traffic.
The lawsuit also says that an officer responding to another noise complaint confirmed that windows in a 23rd-story apartment were vibrating as a result of the music.
On October 12, circuit judge Gregory Holder granted Nine15's emergency motion for temporary injunction, effectively banning the club from emanating any music or broadcast that can be clearly heard within the apartments after 10 p.m.
PHOTOS
Sisqo brings his "Thong Song," Dru Hill classics to downtown Tampa's Franklin Manor — 10.29.16
A Halloween party hosted by Bay area Top 40 station Hot 101.5-FM is still going down on Friday night, but its original headliner (Los Angeles EDM trio Cheat Codes) is no longer on the bill.
Lanfranco Pescante — who is a partner in the Nocturnal Hospitality Group that owns Franklin Manor, Osteria italian restaurant and the upcoming Mole Y Abuela in the old Fly Bar spot — released a statement on Thursday.
In it, he writes that Nocturnal's "friends and neighbors know, we always aim to be a good neighbor, while conducting business within the parameters of the law."
"Unfortunately, the city’s noise ordinance changed on us over night, and an apartment developer from Atlanta, GA (and not the city) is suing us under this new ordinance, despite having been a peaceable local business for the last three years," he wrote, adding that the club is working with a sound expert and Trenam Law to remedy the situation.
"We thank the thousands (and thousands) of guests we have hosted at Franklin Manor and who love our establishment (including many many Nine 15 residents), we may need your help and support now more than ever. As always, thank you for your love and support."
City noise ordinances have always been a tricky thing, and no one likes to have their windows rattled, but stories like this always make us wonder why anyone would move to a burgeoning downtown if they wanted the neighborhood to sound like the 'burbs.
Not sure whose it is, but someone needs to work on their fuckin' problem.
This article appears in Oct 25 – Nov 1, 2018.