By day, Deep Ellum is a tightly packed neighborhood of small shops, restaurants and walls of murals. Towering apartment complexes — many recently built — line the outskirts of the neighborhood. At night, bar-goers pack crowded streets while live music pours from concert venues.
The city’s first desegregated neighborhood became a home to jazz and blues performers. In the ‘80s, Deep Ellum gained a reputation as a truly “urban neighborhood.”
However, in the past couple years, developers have eyed the area for new office buildings. And in recent months, business owners have been battling noise complaints about the live music events they rely on to make a living.
A task force comprised of city officials and Deep Ellum business owners is seeking to clarify the noise ordinance and how it should apply to Dallas’ live music capital.
Deep Ellum music venue staffers wrote and published a petition asking that the Dallas Code Compliance Services Department clarify what is currently defined as grounds for citation — noise that is “offensive to the ordinary sensibilities of the inhabitants of the city.” The Change.org petition, titled “Don’t Silence Deep Ellum,” gained more than 6,000 signatures.
“Without measurability and specificity, local concert halls, bars and music venues aren’t able to meet clearly defined rules, and enforcement is left to subjective judgement as opposed to objective, quantifiable and clear decision,” the petition reads.
The task force was formed by residents and council member Jesse Moreno, who represents Oak Lawn, the Cedars and Deep Ellum. Moreno declined to comment for this story.
Task force member Allen Falkner, who is a co-owner of Deep Ellum nightclub The Nines and a board member of the neighborhood’s Community Association, said the task force has met with business owners, residents, Dallas Police representatives and city officials to discuss the issue.
“We’re not trying to go to war with the city, we’re trying to work with the city,” Falkner said. “Deep Ellum is a cultural icon of Dallas. ... The idea of not having music down here is bizarre.”
The task force’s end goal is to clarify the law, Falkner said, which he says is currently left up to interpretation.
Carl Simpson, the city’s Code Compliance director, said the standard of “offensive to the ordinary sensibilities” could range from hearing a live band playing from a block away to being able to hear bar music two or three doors down.
Simpson said Code Compliance began using this section of the code around March, when noise complaints increased after businesses started opening back up. Code Compliance officers would educate businesses to come into compliance before initiating enforcement action.
“It can be perceived to be subjective,” Simpson said. “But what we use is that standard of, if you can hear it a block away, then you’re probably affecting other people who are on the street or other businesses adjacent to you.”
Simpson said many noise complaints came from lower and upper Greenville, Henderson and McKinney Avenue.
Since October 2020, 246 chronic noise complaints have been reported in District 2, where Deep Ellum is located, according to 311 service request data.
Simpson said that since the task force formed, Code Compliance has been issuing citations in response to complaints, instead of issuing them proactively. He said about eight citations were issued in Deep Ellum this year.
The task force has discussed studying the City of Austin’s live music noise compliance standards, Simpson said. Austin city code states that a person may not make an “unreasonable noise” between 10:30 p.m. and 7 a.m. Businesses can apply for a city permit to use sound equipment, but it cannot be used within 100 feet of a residential area.
Dallas city code allows amplified sound and lighting between 8:00 a.m. and 10 p.m. for temporary outdoor activities that acquire special events permits.
“The issue really is that code enforcement is following the letter of the law, which I understand,” Falkner said. “They should, but this law doesn’t make sense in an entertainment district.”
Alex Zuniga, 25, has lived in Deep Ellum for almost a year and isn’t bothered by the noise. He says it’s not uncommon to hear a couple sirens late at night, but he doesn’t often hear music or partying too loudly from his apartment.
“It comes with the territory,” Zuniga said. “I kind of don’t understand why [residents] complain. I don’t think you can complain whenever it’s a live music area that’s known for that.”
Falkner said Code Compliance has been willing to work with the Deep Ellum Community Association, but expects any clarity on the law to be a slow process.
“There’s just, at this point, not a whole lot of answers,” Falkner said. “We’re working in the right direction. It’s just going to take time, unfortunately.”
