Last year at this time, there was a serious issue concerning the so-called “noise ordinance,” which prohibits street musicians on Bourbon Street after 8 p.m. and only allows noise up to a certain decibel level, among many other restrictions. At that time, the To Be Continued Brass Band was accosted by the NOPD for playing at the corner of Canal and Bourbon streets as it had been for years. In last year’s column, I wished that the Treme’s writers could address this issue, and they did, but I don’t think the couple that lives next to the character Davis called the police to complain about his loud choice of music.
There’s always been a push-pull in New Orleans between residents and businesses in the city concerning music and street “noise.” It’s most evident in the French Quarter, particularly on Bourbon Street, and now on Frenchmen Street. However, it seems as though French Quarter residents are a lot more opposed to noise on Bourbon than Marigny residents are to noise on Frenchmen. The difference is probably that most of the Frenchmen Street clubs present live music; many of the clubs on Bourbon don’t.
Our office has been located on Frenchmen Street for almost 13 years. The street has been our home for more than half of the magazine’s life span. There’s an understanding in our ‘hood that somehow Frenchmen Street is different. It’s not another Bourbon Street, and hopefully it never will be. No one wants Frenchmen to be another Bourbon.
Decades ago, Bourbon Street was the place to hear local music and be entertained. Pete Fountain, Al Hirt, Dr. John and many other older musicians honed their chops by playing on Bourbon. Those days are over. I’m certainly not claiming that there is no good local music on Bourbon, but let’s face it: Bourbon Street is more about the booze than the beat while Frenchmen Street operators still care about the beat. On Bourbon, the good ones try to operate by the rules, especially when it comes to noise, while the bad ones don’t give a damn and they make the scene worse for everyone.
These are the businesses that need to be shut down or penalized in a big way.
Unfortunately, there’s always going to be some jerk that makes his neighbors miserable by opening the doors to his club and blasting music—live or otherwise—into the street. I’ve spoken to some clubs and retail store owners on Bourbon Street who can’t function because there are places that try to outdo each other in the loudness of the music. I assume the theory is that the club with the loudest music will attract the most tourists. This is infuriating and illegal, but what’s a club business on Bourbon to do? Complain and never get results? Or join ‘em? Most seem to have given up and joined the loud brigade.
The matter could simply be resolved—assuming that no one is taking bribes to look the other way on noise violations— by establishing a way to not only enforce the ordinance but to find a way to stop the ever- escalating noise madness by fining the bad neighbors in a way that’s going to really hurt their pocketbooks. The current methodology is that one of the NOPD’s two “Quality of Life” officers gives the offender a warning and then, if nothing changes, a citation that’s less than $200.
When I heard the amount of the fine, I was astounded and had to laugh. Why would any club owner care about a $200 fine? More serious penalties have to be found and enforced. How about a warning first, then a second tier—physically remove and impound the sound equipment, and a third tier—take away the liquor license? We need something with teeth in it, and we need a commitment from the city and the NOPD for enforcement.
Since last year, the Mayor’s office and Councilman Kristin Gisleson Palmer’s office have been working to try to re-vamp the noise ordinance. The current ordinance is so Byzantine, that no one can quite understand how it should work. It’s been amended and cobbled back together so many times that it even contains contradictions. The first draft can be viewed on Councilman Palmer’s website, but agreeing what should be in the ordinance is only the first step. The crucial element is setting up a system that can effectively enforce the law.
