July 11, 2017
For Immediate Release:
The Nook and Westin are Working Together
6th Street bar, The Nook Amphitheater has been in litigation with the newly built Westin hotel since late December 2016. The suit for private nuisance alleged damages from music emanating from The Nook’s open air venue. Owners of the Nook, JD Dunn and Stephen Condon are very pleased to announce that the Nook and Westin have entered into an agreed settlement of that lawsuit.
As a result of the settlement, the Westin will be paying the Nook for the purchase, planning, build, and installation of a JBN Sound Ceiling – a modular based speaker system designed to provide big sound where directed, while leaving adjacent areas largely unaffected. The system is the first of its kind to be permanently installed in the U.S., and is comprised of 96 overhead hung panels, each with 8 speakers of varying sizes for a total of 768 individual speakers.
The terms of the agreement between the Nook and Westin include the following terms:
- The Nook is to install the JBN Sound Ceiling and all other necessary structural and accessories for the Sound Ceiling and do so in a timely manner.
- The Westin has installed a sound measuring device on its roof near the Nook. The Nook shall also install a sound measuring device at or near its rear property line (near the Westin).
- The Westin shall pay for all expenses related to the purchase and installation of the Sound Ceiling and measuring device up to $125,000.
- The Westin shall pay for up to $20,000 of maintenance of the JBN Sound Ceiling.
- The Nook shall not simultaneously exceed sound limits of 85 dbC and 90 dbC as measured by the Westin’s and Nook’s respective sound measuring devices.
- Failure to abide by these limits will result in a series of monetary penalties and, if frequent enough, the revocation of the Nook’s outdoor music permit.
On behalf of the Nook, JD and Stephen 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.
Colin C. Laitner
Counsel for Nook
Recent Articles about the Nook:
Proposed Agent of Change policy gets push at Music Commission meeting
Source: Austin 360
Westin hotel files lawsuit against neighboring Nook nightclub Source: Austin American Statesman
Downtown Austin hotel sues Sixth Street venue over loud music
Hotel built next to Austin’s historic music district files lawsuit over loud music
Source: KEYE CBS Austin
Playback – Agents of Change: Downtown Clubs vs. Downtown Hotels. Can clubs and hotels coexist in Downtown Austin?