Nightly music silenced at Firebelly Lounge
The Firebelly Lounge will no longer offer live musical entertainment due to numerous complaints from a neighbor.
The ordeal began in August when artist Mia Tyson moved into a studio apartment on Front Street next door to the bar. Tyson began calling the police to complain about the noise coming from the Firebelly. Police responded to her calls and have written 13 citations for noise disturbance. The first ticket issued had a fine of $250, and each additional ticket had a fine of $500.
The city suggested that the Firebelly not pay for their tickets. That way the city could sue the lounge for not doing so, and then the owners could defend the music venue in court.
The owners of the Firebelly Lounge had their first meeting with city attorney Tom Pollard April 7 to discuss the situation.
“We went in there not knowing what to expect, so we just naturally expected the worst. The city council did stand up for their noise ordinance, but they were still supportive,” said Shawn Matthews, manager and co-owner of the Firebelly Lounge. “Nothing was resolved, but we left happy.”
The owners of the Firebelly have yet to meet with Tyson to discuss the noise issue.
“I just want to get some sleep so I can work on my artwork,” said Tyson, who owns and operates Gallery Mia Tyson below her apartment.
Caren Sanaki, the manager of Gallery Mia Tyson, said, “The problem is not between a business and a business, it’s between a resident and a business.”
The Firebelly Lounge, also owned by Jay Coyle and Dan Boyle, has been open for 2 years and 4 months. There are four apartments located directly above the club, and they have never heard complaints from anyone but Tyson.
The noise ordinance for downtown Wilmington is listed under Article II of city ordinances. The ordinance states that noise levels in the downtown area cannot exceed 75 decibels during the hours of 7 a.m. and 11 p.m., and cannot exceed 65 decibels between the hours of 11 p.m. and 7 a.m. On Friday and Saturday, the daytime level remains in effect until midnight. Between the hours of midnight and 2 a.m., the noise level cannot exceed 70 decibels.
The ordinance also states that noise disturbance is “any unreasonably loud and raucous sound or noise which disturbs a reasonable person of normal sensitivity.”
Both the Firebelly and Tyson are located in a mixed residential/commercial district, which makes the issue even more complicated. There are different guidelines for the noise ordinance for residential, commercial and downtown areas.
“We don’t believe we have broken any laws as written,” Matthews said. He also said that even if he bought his own noise reader and the noise level complied with the law, he would still get a ticket, just because someone complained. “We have gotten tickets on nights we haven’t even had bands,” he said.
“There’s a lot of rage in the young adult community because of this,” Matthews said. Gary Cleaveland, a local musician, has been protesting outside the Firebelly Lounge from 9 a.m. to 5 p.m. because he doesn’t agree with the citations. Cleaveland plays the drums for Protect the Core, a band that has played at Firebelly twice.
The dispute has also affected other members of the community. The Firebelly Lounge was set to host part of the annual WE Fest, a music festival that features talented but unsigned bands.
“We had to reschedule half of the schedule,” said Kenyata Sullivan, an organizer for the event. When the Firebelly had to stop hosting bands, Sullivan had to find venues for all of the bands that were scheduled to play the Firebelly.
“It took our focus away from a lot of important things,” she said. Sullivan wrote a letter to the city council pointing out that Wilmington could eventually lose all music clubs downtown if the ordinance is not revised. As a result, musicians will have nowhere to play, and a national act will never come from this city.
“(Tyson has) only been here since August, and already she has managed to infuriate a small percent of the population,” Sullivan said.
The Firebelly held their last live performance April 3 with the Larry Keel Experience, a solo blue grass performer. “We ended it with a bang,” Matthews said.
Since the Firebelly will no longer offer live music, they will be offering alternative sources of entertainment. “We’re just trying to adapt and meet the needs of the city,” Matthews said. Games and more pool tables will fill the space that used to host bands, he said.
“I like music, just like everybody else,” Tyson said. “As a neighbor I only ask that they obey the noise ordinance.”