Aspen’s Silverqueen Lounge ordered to quiet down
ASPEN – A judge has issued a preliminary injunction that orders the owners of the Silverqueen Lounge in Aspen to turn down its music and calm down its patrons.
District Judge James Boyd’s six-page ruling, delivered Friday, comes after London resident Christopher Wright filed a complaint in December in Pitkin County District Court against Silverqueen, its owner Joel Howard and landlord Geld LLC.
Wright owns four units in the Pitkin Center Condominiums at 520 E. Hyman Ave., where Silverqueen also is located. The Silverqueen bar is on the second floor, while Wright’s residence is on the third level.
Wright, his wife and four other witnesses had testified that Silverqueen’s music made it difficult to sleep at night, and “most disturbing is the thumping of bass tones,” Boyd wrote. “The noise has sufficient force to cause the floor and bed to vibrate. The noise also includes loud talking and screaming, some from the interior of the bar, some from the stairway and exterior area.”
Boyd also said that based on the testimony he heard, the noise became “disturbing” at 10 or 10:30 at night and continued until the bar’s closing time of 2 a.m.
“This condition exists in its worst state on many Thursday, Friday and Saturday nights. To a lesser degree, the condition exists almost all nights,” Boyd wrote.
Boyd reasoned that while “some evidence suggests” the Hyman Avenue lounge had not violated city noise ordinances, its recorded music and loud patrons breached terms of its lease regulating loud music, noise and offensive activity.
“In terms of noise and customer behavior, nothing in the evidence suggest Silverqueen is doing anything unusual or aggravating compared to any business whose purpose is to attract crowds to a nightclub catering to those under age 35 who are transitioning from dinner to a late-night dance club,” the judge wrote. “To fit such an operation into a mixed-use building with significant restrictive covenants is the daunting challenge Silverqueen elected to undertake. Silverqueen undertook the challenge with prior knowledge of the restrictive covenants, the potential conflict with third-floor occupants and the terms of its own lease.”
Boyd also noted that patrons congregate outside the bar and smoke and make noise, which also violates terms of Silverqueen’s lease.
“They interact loudly, sometimes yelling, in a manner consistent with the social environment of a nightclub,” Boyd wrote. “Patrons smoke and sometimes carry drinks on the landing and stairway. From within Wright’s space, stairway conversations can be heard clearly.”
Howard, the owner of Silverqueen, could not be reached Monday. The voice-mailbox for the business was full, and messages could not be left.
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