The search for balance between residential quality of life and the health of the city’s live music industry opened a new chapter today, as Austin City Council approved a pilot program to extend the outdoor live music curfew in the Red River Cultural District. The six-month pilot comes in response to concerns from venue owners in the district—along Red River Street between sixth and 12th streets—that shutting down the music at 12 a.m. was costing them revenue necessary to adequately pay musicians and keep up with the rising cost of rent. The program was recommended by the Music Commission last year and crafted by the Music Division of the Economic Development Department. The council heavily amended the original draft of the program prior to Thursday’s passage, with District 1 Council Member Ora Houston dissenting and District 2 Council Member Delia Garza abstaining.

Program sees heavy amendments prior to passage

The program, as amended, initiates a six-month pilot—reduced from the proposed one year—starting May 1 and ending Nov. 1, to allow outdoor music venues in the Red River Cultural District to extend the outdoor live music curfew from 11 p.m. to midnight Thursdays and from midnight to 1 a.m. Fridays and Saturdays. The program originally proposed extending the curfew to 1:30 a.m. Instead, after the six-month trial ends, the council will review feedback and decide whether to extend the program another six months. Discussion on the item started during the morning council session, but after learning the Austin Police Department was not involved in the development of the pilot program, Mayor Pro Tem Kathie Tovo asked to delay the decision until this afternoon. The last-minute changes to the curfew extension and program length came directly based on feedback from Austin Police Department interim Chief Brian Manley. Alex Lopez, deputy director of the Economic Development Department, said one staff member will be given a cell phone to provide a direct line to answer neighborhood sound complaints. She said the city also retains the power to bring venues back to original curfews if the businesses do not abide to sound ordinances during the life of the pilot program. As the pilot proposal was vetted by the city's boards and commissions, venue owners praised the idea, with some saying it would be one of the most important efforts made in improving the state of Austin’s music scene.

Venue owners voice support, neighbors voice concern

On Thursday, Cody Cowan, general manager of The Mohawk, and Ryan Garrett, general manager of Stubb’s BBQ, advocated for the pilot, suggesting it would increase jobs and opportunities in Austin’s music economy. Steven Sternschein, owner of the Empire Control Room and Garage and president of the Red River Cultural District Merchants Association, said the pilot program could help Austin’s music industry generate an extra $2 million.

“I am not in favor of extended hours, period.” — Mary Ingle, former president of the Austin Neighborhoods Council

However, Thursday also brought the first wave of public opposition to the pilot program, previously unseen during Austin Music Commission meetings. Residents, neighborhood representatives, hotel managers and investors all sounded off against the program and criticized what they perceived as a lack of stakeholder outreach during pilot’s development. “I am not in favor of extended hours, period,” said Mary Ingle, past president of the Austin Neighborhoods Council. While hotel managers and investors said there would be a heavy impact on revenues because of anticipated increases in sound complaints, District 4 Council Member Greg Casar said the city had to strike a balance between the revenue impact and the impact on revenue if there were no music venues at all. Council members react Tovo and District 10 Council Member Alison Alter suggested this pilot program may contradict the “agent-of-change” initiative—an informal good neighbor policy—included in the aforementioned Music and Creative Arts Ecosystem Omnibus, which council unanimously approved today. If a hotel or residential structure is moving into an area with a music venue nearby, it is the new neighbor’s responsibility to adapt to the sound environment. Likewise, if a music venue moves into a neighborhood, it is the venue’s responsibility to mitigate the sound to not affect the neighborhood’s previous sound climate.

“At the end of the day, it’s going to be the quality of life [of residents] vs. the health of the music industry.” - District 2 Council Member Delia Garza

District 6 Council Member Jimmy Flannigan and District 2 Council Member Delia Garza voiced concerns about the shortened length of the pilot program. Flannigan said the change to a six-month pilot was not long enough to gather the quality of data needed to make a decision. Garza said she had general concerns about pilot programs and was not comfortable with the idea of creating jobs for six months and then possibly taking them away. “At the end of the day, it’s going to be the quality of life [of residents] versus the health of the music industry,” Garza said. Once feedback on the pilot program is received, Alter said she will be looking for clear metrics on how the curfew extension program has directly affected musicians and venues. Tovo, whose District 9 includes the Red River District, said her utmost concern will be the effect the program has on the residents to the north of the music venues.