Music concerts scheduled for late October and early November have been moved from Gallagher Square Park, according to a legal team representing the San Diego Padres.
That announcement came in San Diego Superior Court on September 28, 2023. The Padres and the city of San Diego were arguing against a Temporary Restraining Order and Immediate Injunction request filed by a citizen’s group that alleges Gallagher Square Park concerts often violate the city’s Municipal Code for noise.
Judge Carolyn Caietti ruled to preserve the status quo. Further arguments about noise mitigation are rescheduled for December 1.
While the Padres’ lawyers argued in court that the concerts do not violate Municipal Code they also said Gallagher Square Park events scheduled for October 26 (LED presents RL Grime), October 29 (Hozier) and November 4 (Dia de los Deftones) would be “moved or canceled” due to renovation plans for Gallagher Square.
It was later clarified that the concerts would take place on the same dates inside Petco Park, which is adjacent to Gallagher Square.
An All-American Rejects concert scheduled for October 6 at Gallagher Square will be the last concert held before a controversial $20-million renovation of the public green space.
It’s not clear if the public has been notified of the start of construction at the park, or if ticketed concert goers have received a venue change notice.
On September 30, the Padres’ official concert website still listed the site for the October 26 and 29 concerts as Gallagher Square Park. The site noted the Dia de los Deftones concert “returns to Petco Park on November 4,” though it was held last year in Gallagher Square.
A representative who answered the concert phone line said he had no information about any concerts being moved from Gallagher Square. He said “it’s possible” more tickets could be released for any sold-out show moved to the larger Petco Park venue.
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The citizens group Residents Concerned About Gallagher Square Noise filed the request for a Temporary Restraining Order and Immediate Injunction over loud concerts. Their petition states:
“The evidence is both substantial and clear: noise levels from concerts at Gallagher Square regularly exceed applicable limits set by the [San Diego Municipal Code]…Together with excessive, flashing lights and vibrations, they constitute a public nuisance…The Padres have a duty to comply with the law, and the City has a duty to enforce it. Unfortunately, their collective inaction demonstrates that they are unwilling to fulfill their respective duties.”
There’s more legal wrangling to come.
According to the Padres’ court filing on September 28:
“…Gallagher Square (then known as “Outfield Park”), Petco Park and the surrounding neighborhood (collectively, the “Ballpark District”) have been designated by the City as a “special events venue,” which specifically contemplates concerts. Indeed, the City’s policies promote performances and gatherings at this very location. The decibel level standards asserted by Petitioners do not govern within the Ballpark District during special events authorized by the City.”
Legal argument from the San Diego City Attorney’s Office, presented in Superior Court, aligns with the Padres:
“Petitioners allege the SDMC prohibits noise more than 50 -60 [decibels] depending on the time of the day. The SDMC provisions that petitioners rely upon, however, do “not apply…to any person who has been otherwise duly authorized by The City of San Diego to engage in such conduct…Here, the City expressly authorized the Padres to engage in noise making conduct up to 95 [decibels] as measured from the sound board.”
It’ll be up to the judge to determine if noise levels registered at the Gallagher Square sound board is covered by a 1999 Environmental Impact Report (EIR) that approved that noise standard for concerts held inside Petco Park.
San Diego Mayor Todd Gloria was questioned about noise levels at Gallagher Square Park during a July meeting of the East Village Residents Group.
The mayor said: ““Yes, I will ask the Padres to do an independent study…yes, we should enforce noise ordinances.”
The mayor added that noise-level mandates in place at other downtown venues that host music concerts–The Rady Shell and Waterfront Park–“sound reasonable.”
The Rady Shell at Jacobs Park is governed by The Port of San Diego. Waterfront Park falls under the jurisdiction of The County of San Diego. SDSun
