It’s been three years since the Residents Concerned About Gallagher Square Noise filed an excessive noise violation lawsuit against the San Diego Padres and the city of San Diego. The case has been rescheduled several times and is now tentatively slated to be heard by Judge Carolyn Caietti in San Diego Superior Court on November 6, 2026.
Public opinion on the lawsuit swings to opposite fields. Some say it’s noisy around downtown baseball parks and buyer beware. Others point to city code violations that have been ignored by the team and the city for years; and a recent legal change that could waive noise violations.
Many residents who live adjacent to the park note they’ve existed in the area in harmony with Petco Park noise. And that their condo purchases pre-date the expanded jumbo sound system installed in 2019 on the Sycuan Stage in Gallagher Square (located outside Petco Park).
The Padres just concluded a moderately successful season after losing to the Milwaukee Brewers in the second round of the postseason. Baseball fans will be eying new team owners Kwanza Jones and José E. Feliciano to see how they spend money on player payroll. Or, if this lawsuit catches their attention.
It’s timely that a three-day music concert at Snapdragon Stadium in Mission Valley recently triggered headlines over noise complaints. A Snapdragon spokesperson responded by promising to lower sound levels, adjust speakers and monitor performances.
When The Rady Shell and Waterfront Park received noise violation complaints over the past few years, those downtown music venues also took steps to mitigate issues. Padres executives who oversee Gallagher Square have stopped responding to media questions. In the past they’ve denied they bear responsibility for noise, have done no apparent mitigation, and have blamed downtown residents who complain about noise for choosing to live next to a baseball park.
While a legal decision looms, here’s a recap of significant events, park changes and political moves. This timeline runs from the creation of Petco Park and the original Park at the Park (now Gallagher Square) up to current day:
1995 to 1997
John Moores bought the San Diego Padres in 1995 and hired Larry Lucchino as president and CEO. Their goal: build a baseball-only downtown facility. Lucchino relied on the model that helped him pioneer Oriole Park at Camden Yards in Baltimore – a retro-style park that blends into the urban core. A final piece to the San Diego design puzzle was an outfield park, known as the Park at the Park. San Diego Union-Tribune architecture critic Ann Jarmusch wrote about the potential park in 1997, noting that it “would double as an oasis in a part of the city, Centre City East, that desperately needs more green space.” The integration of the ballpark with the surrounding community was so important that the Park at the Park was scheduled to be opened to year-round uses including small concerts and street fairs. San Diego History Center
November 1998
Proposition C, a ballot measure to secure funding for the downtown park passed with nearly 60% of the vote. As construction ebbed and flowed amid lawsuits, protecting the size and vision for the Park at the Park was a major hurdle that caused a significant political showdown before the park opened. Then-San Diego Mayor Dick Murphy and the city council demanded a plan that included a larger outfield park and a smaller commercial development. “We must keep faith with the voters of the city of San Diego,” Mayor Murphy said. “When the ballpark was approved…[voters] believed that the downtown ballpark redevelopment project would include a sizable park beyond the outfield wall with views of the game.” The New York Times
April 2004
Petco Park opened on April 8, 2004. According to the Populous design team and in association with architect Antoine Predock: “Petco Park offers another unique element – a grassy, tree-lined area known as ‘Park at the Park.’ This area provides green space for fans to play and stroll in while watching the game, but is also a public park for the people of San Diego. It is open for public use during non-event times, and is a part of the seating bowl when a game is being played. It features a grass-covered, tree-lined picnic hill that allows fans to lounge on blankets and watch the game in a park setting.” Populous
March 2019
The Padres partnered with Live Nation on construction of a bulk-sized Sycuan Stage in the Park at the Park. The state-of-the-art stage is booked with national artists for audiences of more than 6,000. Both the city and the Padres profit from Gallagher Square concerts. NBC San Diego
December 2019
With little fanfare, the Park at the Park was rebranded as Gallagher Square, with naming rights going to the Gallagher global insurance brokerage. The San Diego Union-Tribune
March 2020
Noise complaints were adding up. Hans Giroux of the Santa Ana-based Giroux & Associates, did the original noise study for the Petco Park Environmental Impact Report. In a letter dated March 14, 2020, he pointed out that concerts held in Gallagher Square on the new Sycuan Stage have a heavier impact on the neighborhood than concerts held inside Petco Park. Giroux wrote: “In our noise study for the Petco Park EIR, we did not explicitly analyze Park in the Park [Gallagher Square] concert noise…We expected family type concerts such as a mariachi band, a mellow tribute band, a dance troupe, etc. We cannot support use of the ballpark proper mitigation standard for the Park at the Park situation. As a minimum we would encourage noise measurements during music events compared to the city standards. Section 59.5.0401 of the Municipal Code lists the allowable noise levels that are allowed from one source impacting an off-site receiver. We would also recommend preparation of a CEQA [California Environmental Quality Act] study for the project as it represents a ‘new’ source of impact not previously evaluated.” No CEQA study was ever reported. The San Diego Sun
November 2022
Alternative metal bands played in the Dia de los Deftones festival at Gallagher Square on Nov. 5, 2022. The Deftones could be heard up to 10 blocks away (click on the video, below). The San Diego Sun
June 2023
Some East Village condo dwellers formed the Residents Concerned About Gallagher Square Noise. The group emphasized they support Padres games and concerts inside Petco Park but are being overcome by concert noise from loud acts that play in Gallagher Square. Residents said sound decibels emitted by concerts exceed the city code. Condo owners complained about windows and walls rattling, not being able to hear TV sets during concerts and not being able to sleep. The Padres have denied the negative effects of Gallagher Square and insisted that downtowns are noisy. Fox5 San Diego
June 2023
The San Diego Padres proposed to fast track a $20-million renovation of Gallagher Square that reconfigured the park as a concert venue. Padres Vice President of Public Affairs Diana Puetz said the team is in compliance with city noise codes and the original ballpark EIR. Puetz also said the revamped park will include “new directional speakers and repeaters that will create a surround sound experience. This will have a mitigating effect on sound from concerts and games in the stadium and at Gallagher Square.” Residents spokesperson Joseph Sims said the Padres do violate city noise codes and the city has disregarded complaints for years. Sims is skeptical about follow-through on noise mitigation. “Why don’t they go ahead and do that now?” he asked. The San Diego Sun
July 2023
San Diego Mayor Todd Gloria and San Diego City Councilmember Stephen Whitburn got an earful from residents about Gallagher Square noise during an East Village Residents Group quarterly meeting. Whitburn expressed sympathy and said he’d heard stories of “excruciating loudness.” He said he spoke to Padres officials “two times.” Mayor Gloria promised: “Yes, I will ask the Padres to do an independent study…yes, we should enforce noise ordinances.” The mayor said noise-level mandates that are in place at downtown’s Rady Shell and Waterfront Park “sound reasonable.” There are no reports that these city officials followed up with the Padres. The San Diego Sun
September 2023
The Residents Concerned About Gallagher Square Noise sued the Padres and the city for violation of the Municipal Noise Code. The Padres and the city (which has regulatory oversight of the club) share profit from concerts held in Gallagher Square. The San Diego Sun
October 2023
The city and Gallagher Square received an “Onion” from the San Diego Architectural Foundation in its annual Orchids & Onions program. The SDAF wrote: “As promised to the taxpayers, Gallagher Square (originally Park at the Park) was designed as an urban green refuge, for watching baseball games, and hosting events to enliven the neighborhood. The redesign re-purposes the layout of the park to accommodate a PRIVATE concert venue for 10,000, degrading a much loved CITY owned community park. The City Administration supports expediting this proposed plan with no formal community input, environmental analysis, or sound study. The changes have irreversible negative impacts: frequently reducing public access to the full park, eliminating shade trees and grass, and potentially significant negative health and environmental ramifications.” The San Diego Sun
March 2024
The 2024 baseball season opens with a $20-million renovation in place at Gallagher Square. Since then, the venue has been hosting roughly three dozen concerts per year. NBC San Diego
May 2024
While noise complaints continue around Gallagher Square, residents of the downtown Meridian condo building had issues with loud music emanating from Cielo Rooftop Lounge in the Gaslamp Quarter. Cielo’s operating partner connected with the residents. He doublechecked his rooftop lounge and found a speaker that was positioned incorrectly. He disabled the speaker. Meridian residents said the problem disappeared immediately. The San Diego Sun
May 2026
A proposed ordinance that would allow the city of San Diego to waive enforcement of illegal noise violations was included into the docket of the San Diego City Council. Discovered at the last minute before final city council review, the ordinance, known as Item 11, disturbed downtown residents and watchdogs. Some wondered if the city way trying to pass the legislation without full public vetting, to impact the court case against the city and the Padres. The San Diego Sun
July 2026
The San Diego Padres and the residents group failed to reach a resolution during mediation. As a result, both parties await a Superior Court Judge’s ruling. The San Diego Sun
September 2026
After Item 11 passed, city planners wondered if it created a huge loophole that would allow violations of the noise limits under other permits “if approved by the mayor or a designated official.” City Planning Department Director Heidi Vonblum said the change “clarifies” existing law. Downtown Community Planning Council Chair Gary Hewitt said the language the city calls a clarification was not previously in the code. inewsource
SDSun
