
This is about the little neighborhood group that could.
Jay and I live among people bound by one thing: We all can’t sleep on weekends. The suffering varies from “Damn that music is loud” to “What’s the f**king problem with the club” to “Please for the love of God let me sleep”. Swearing comes naturally when something as basic as sleep is denied.
I imagine they use this tactic quite a bit in Guantanamo.
The short story is we won in Small Claims Court, making legal history as the first group of people to successfully sue a noisy public nuisance in Small Claims in Seattle.
The long story?
Since there was no precedence, we were told to expect the judge to tell us to take it to Federal Court as a class action suit. (As a little background, Small Claims only allows the judge to give us monetary compensation. The judge is unable to put an injunction to close the club or stop the owner from playing the music, for example. So the judge can legally do nothing to make the noise go away.)
This was a symbolic victory. The owner needs to pay us a sum far less than what we asked for, and there is no legal order for him to obey the noise ordinances, still! The judge had harsh words for the City, the Police and the owner, conceding that the City had failed to enforce the law.
It took us more than six hours to get the verdict: waiting, testifying, recess, waiting, listening to the owner as he countersued and accused the neighbors of:
(a) A racist conspiracy. From a group of whites, asians, african-americans, native americans.
(b) Harassment and destroying his business. Yes, we all stay up till 3 am to make 911 calls because we want to. He’s not even at the club. He lives in another city.
(c) Owning old houses with holes and bad insulation. Riiight.
Justice may take her time, but Karma, work your magic. Please. I’m hoping someone comes back as chewing gum under a shoe.
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