Residents upset by Ford Amphitheater noise levels still want change, despite State dismissing lawsuit

COLORADO SPRINGS, Colo. (KRDO) - This past week, the Colorado State Court of Appeals dismissed an appeal to a lawsuit that was filed by residents, who were upset at the prospect of noise levels coming from the Ford Amphitheater, formerly the Sunset Amphitheater. In light of the failed appeal, residents who still upset want changes ahead of next year's concert season.

The "Northside Neighbors Association" who appealed the dismissal of the lawsuit, argued that the development plan and hardship permit granted by the City of Colorado Springs towards VENU Inc., which allows the venue to reach as much as 110 dBs for short periods of time, should not be allowed, and instead the amphitheater should adhere to the state sound ordinance of 50 decibels in outdoor settings.

According to the law firm representing the Northside Neighbors, the court made their ruling based on the fact that, "because there was not yet concert noise or a hardship permit at the time the appeal was filed in January 2024, the controversy was not yet ripe for judicial determination." adding that, "The Court acknowledged that facts have since changed and left the door open for refiling the case."

The Court suggested that "if and when" documented violations [of sound levels] occur, the "Neighbors" should file suit again. The firm says that the Northside board, in conjunction with legal counsel, is still analyzing the Court's decision to determine next steps. You can read that full opinion here.

In the meantime, residents who live northeast of the venue express mixed feelings about the sound levels, although those who live within a mile of the amphitheater say they are still very much hearing the effects of the performances every weekend.

A group of four neighbors who gathered at one home in the Northgate community on Sunday to talk with KRDO13, ahead of yet another concert at the amphitheater at 7:30 p.m., explained that they're fed up with the sound traveling with the wind up the hill to their neighborhood.

"We don't want to be subjected to this again, this is not fair to us as homeowners. It interrupts our daily living." said Janine Sledz, one the four residents.

Sledz says that she wants to see the ownership of the amphitheater follow up on sound mitigation efforts that were announced in late-August after a meeting with the City of Colorado Springs.

"Something needs to be done about it, and we want to be kept in the loop as to what exactly is going to be done. Will it be a sound wall? Or what else is [J.W Roth] coming up with? But we need results. We don't need promises. We need action." said Sledz about the founder of VENU Inc., J.W Roth, who largely operates the amphitheater.

Roth, has been outspoken in trying to combat the negative comments and complaints around the amphitheater since its official opening in early August, but has reiterated his commitment to being a "good neighbor".

Some homeowners, like Loring Wirble, who lives about 3.5 miles as the crow flies from the amphitheater, says that he can hear the music pretty clearly from his deck or with his windows open, despite living in a quiet, wooded neighborhood in higher elevation.

"Now that it's here,  it is inevitable. It is a done deal. They are not going to stop at the end of 2024." said Wirble, who also explains he does not mind the music whatsoever, but also sympathizes with those who live closer, like Sledz and others.

The homeowner who invited Sledz and others to talk with KRDO13 on Sunday, Shirley Dale, has a clear view of the amphitheater from their deck, and says that they've heard every show loud and clear, except for when Christian music singer Lauren Daigle performed on August 23.

Dale alleges that the venue's ownership should have scouted more of the surrounding neighborhoods like hers in Northgate, citing the way sound has traveled and impacted so many homeowners in different directions from the venue.

"It almost strikes me as a was asked forgiveness, not permission. So I think everyone was well aware that noise was going to be an issue." said Dale.

She goes on to say that the City of Colorado Springs should consider not resigning the noise hardship permit that was granted to the amphitheater for next Summer, unless more stringent noise mitigation efforts are made.

"It will be compliant with state noise laws and it will be all good then. But I suspect that's not going to be the case." said Dale.

The venue previously said following a closed-door meeting with the City of Colorado Springs in late-August that it would stop using fireworks, make a thicker sound wall around the amphitheater, and explore other measures, as they gather more sound data before the 2025 season. You can read more on the decision here.

KRDO13 reached out to the venue's ownership for updates on those efforts, and if any other input is being considered over two contentious public comment periods within city council meetings throughout September, however a spokesperson was not immediately available or comment.