April 22, 2022 statement
The City Council has directed staff to prepare an amicus/“friend of the court” brief for their consideration and vote at a future public Council meeting. It would elaborate on the city’s concerns about the wider implications of the judge’s ruling. Specific proposed content for the brief cannot be discussed at this time. There is not yet an identified Council meeting date for the brief to be considered.
April 15, 2022 statement
The Maricopa County Superior Court, a separate and independent branch of government distinct from the City of Tempe, issued a Preliminary Injunction in a dispute between Shady Park and Mirabella at ASU over noise levels related to outdoor music concerts. It should be noted that the City of Tempe is not party to this lawsuit, and has taken no action against Shady Park, or on behalf of Mirabella, that would result in the business’s reported decision to end its live music operations.
The City of Tempe’s view is that there was no preferential treatment, and that city staff worked ethically as a convener to find a solution for all.