Judge grants TRO, blocks noise ordinance aimed at live music at Starvin Marvin's

By David Yates | Mar 22, 2011

Musicians, music fans and supporters of Starvin Marvin's Bar & Grill gathered at Beaumont City Hall on March 22 to protest a new noise ordinance that could end the outdoor live music performances at the restaurant.

The music hasn't died yet at Starvin Marvin's Bar and Grill, thanks to a Beaumont judge's Monday ruling.

Marvin Atwood, owner of the local night spot, filed suit against the city of Beaumont on March 21 in Jefferson County District Court.

That same day, Judge Donald Floyd, 172nd District Court, granted a temporary restraining order against the city, blocking a noise ordinance which would stop the bar from hosting live music on its patio.

An injunction hearing to determine if the ordinance is lawful is slated for March 30.

According to the lawsuit, the city failed to hold a public hearing and comply with notification requirements in accordance with its own laws before passing the ordinance.

"No regulation, restriction or zoning district boundary shall be amended ... or revoked until after a public hearing is held and ... all citizens shall have an opportunity to be heard," the suit states.

The suit also states Atwood relied upon the city's rules, regulations and zoning laws when he entered into his lease on Jan. 20, 2010.

"The defendant approved all electrical permits necessary for performances of live bands," the suit states, adding that the city has approved permits for outdoor musical events in the past.

Atwood is seeking a permanent injunction to stop the city from enforcing amended ordinance chapter 12, article 12.08.

He also seeks to recover all court costs, including attorney's fees.

Case No. E189-628

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