A jury took only ten minutes to find the Aspen Brewing Co. not guilty of the city's noise ordinance.

After a couple living in a downtown condo filed scores of complaints about music coming from businesses nearby, the city of Aspen, Colorado charged the businesses with violating ordinances that prohibit unreasonably loud noise and noise that exceeds 60 decibels. Among the alleged offenders was Aspen Brewing Co. which shares an adjacent wall with the couple, Natalia Shvachko and her husband, Michael Sedoy.  The couple reportedly made at least 30 complaints against the brewery and other bars and restaurants since moving into their high-end condo in October 2012.

“We can hear exactly what’s going on next door,” Shvachko said. “None of us can sleep.”

At trial, Lucas Van Arsdale, the brewery’s attorney, asked the jury, “Can the city prove that the Aspen Brewing Co. was unreasonably loud?”

Jurors were unconvinced that the brewery should shoulder the blame for all the noise on restaurant row.

“With the ambient noise around, there was no way to tell that it was coming specifically from the brewery,” said juror Sam Oster. “With as many places that are located in that area, it could have been any number of sources.”   

Aspen Brewing Co. owner Duncan Clauss testified that live music is crucial in drawing patrons. That offering for customers will continue, he said after the trial.

“I believe we have music booked for Friday and Saturday night,” Clauss said.

—Source:   aspendailynews.com