The Nook Amphitheater on Sixth Street has agreed on a settlement to let the Westin hotel pay for and install a new soundproofing system in its nightclub after the hotel filed a nuisance lawsuit, our news partners at the Austin American-Statesman reported Tuesday.
The report stated the parties agreed that the hotel will buy and install a state-of-the-art JBN Sound Ceiling, technology meant to contain sound while maintaining a high listening experience. According to the Statesman, both the club and the hotel tested the $75,000 technology in October but were unable to come to an agreement at the time.
"The system will be the first of its kind in North America and is a collaboration between us (The Westin Austin Downtown), The Nook and the City of Austin," said Kris Carlson, general manager of The Westin Austin Downtown. "All parties believe this system will assist The Nook in staying within the city’s ordinance regarding their music. The system should be live within the next three months. The hotel is proud to continue to support music and live music in Austin. We are happy to have worked this out in cooperation with The Nook and the City with what we hope is a win-win solution for all."
In the lawsuit filed against the Nook Amphitheater in December, Wesaus LLC -- the company that oversees the Westin Austin Downtown -- sued for damages in excess of $1 million, claiming it spent more than $1 million in “fortifying the building with additional window and drywall to prevent the intrusion of noise and the physical effect of low-frequency sound waves.”
Wesaus LLC claimed those additions could not mitigate certain bass sound waves and said the noises made some of the hotel’s rooms “virtually uninhabitable.”
The Nook opened in 2011 in a district where outdoor music venues are allowed by the city’s law to play amplified music until 2 a.m. Though the Nook originally combated turning down the bass saying it would “negatively affect the atmosphere” of the bar, owner Stephen Condon told the Statesman he thinks the sound system will be a “pretty cool resolution.”
"[The Nook] would like to thank all of those who supported the Nook and music in Austin, including working with the City of Austin Music Office, and look forward to working together with the Westin on this project and on a going-forward basis to keep music a priority in Austin and Keep Austin Weird," said Colin C. Laitner, counsel for Nook, in a news release.
As part of the settlement, the Nook has also agreed not to exceed sound limits of 85 dbC and 90 dbC, the release stated. Failure to abide by these limits will result in a series of monetary penalties and, if frequent enough, the revocation of the venue's outdoor music permit.