Pub’s bid for outdoor music rejected

BELFAST – A Waldo County Superior Court justice has denied the Lookout Pub’s request for a restraining order against a city ordinance banning amplified music outdoors.

In a ruling Friday from his chambers, Justice Donald H. Marden determined that pub owners Kristian and Marlarae Boehmer did not need immediate relief from the ordinance, explained City Attorney William Kelly after the closed-door hearing.

Although he denied the restraining order, Marden did grant the Boehmers the opportunity to argue for a preliminary injunction against the city on grounds of economic hardship. That hearing was scheduled for 8:30 a.m. Thursday, June 3.

“We will look at our options over the weekend to convince the court that [Marlarae Boehmer] will lose a significant amount of business if she doesn’t have live music,” said Timothy A. Pease, the Boehmers’ attorney.

Kelly said that Marden decided to handle the issue in chambers because the Boehmers’ opposition to the city ordinance “was not subject to testimony.” He said the decision was based on written arguments filed in advance by attorneys Kelly and Pease.

“This is too bad,” Marlarae Boehmer said of the ruling. “I wish we could have gotten something done. This [ordinance] is stifling the waterfront.”

The Boehmers had hoped to hold outdoor shows at an open-air patio adjacent to their waterfront pub. When the Boehmers asked for a permit two months ago, the special amusement permit governing entertainment did not prohibit amplified music outdoors.

However, when neighbors got wind of the Boehmers’ plans they pressured the City Council to amend the ordinance. The council acceded to those demands and passed a revised ordinance last week.

The revised ordinance prohibits outdoor amplified music from all establishments holding liquor or special amusement permits. The ordinance does allow nonamplified outdoor music between 9 a.m. and 9 p.m. Amplified music can still be played indoors.

The Boehmers had moved for the restraining order because they believed that an extended court fight would drag into the summer season and hurt their chances at expanding their business. The couple had hoped to kick off the summer by having a live music show at their outdoor patio by this weekend. Marlarae Boehmer said all she had to do was “enclose the deck and have the bands start coming.”

Boehmer said she was disappointed by the judge’s decision because she now would be forced to argue financial hardship without having any real numbers to back up her position.

“They want me to have a track record when we don’t have a track,” she said.

Boehmer also said that as a small business the pub did not have the kind of financial resources needed to wage an extended court battle with city hall.

“There was no ordinance when I started to do this in the beginning. We’re the first ones to do this and we’re the first ones to have to spend thousands of dollars to get it right,” she said.