The problem of noise at night in Barcelona has reached a critical point, where neighborhood mobilization is heading towards the judicial sphere. This phenomenon, which affects multiple neighborhoods and situations, as reported by El Periodico has led the entity known as Stop Concerts to prepare a second lawsuit against the City Council, which is expected to be filed by the end of this month. Meanwhile, other groups in the city are weighing the possibility of joining this legal initiative to press for a more forceful response from the municipal authorities.
To date, the measures implemented have not succeeded in calming this growing neighborhood confrontation. In fact, there is a notorious discrepancy between the neighbors and the consistory as to the effectiveness of such measures. On September 7, Deputy Mayors Laia Bonet and Albert Batlle announced the balance of the deployment of the “Pla Endreça” during the months of July and August. This plan includes a series of actions that seek, among other things, to increase sanctions against uncivic behavior. According to his statements, the Guardia Urbana has recorded an increase of 36% in the number of complaints for drinking alcohol on public roads and 19% in the number of complaints for urinating in the street, in addition to having doubled the number of complaints for graffiti.
Protests against excessive noise at night
However, neighborhood organizations maintain that this summer has been more of the same. Exhaustion in the face of constant noise and lack of rest has reached a point where some of these organizations have begun to consider suing the city council for its inaction. Although for now these actions are declarations of intent, with the exception of Stop Concerts, an association that emerged as a response to the nuisance caused by music festivals in the Parc del Fòrum.
Stop Concerts’ Second Demand
In June 2021, together with Moviment Diagonal Mar, Stop Concerts filed a first complaint for noise pollution directed against deputy mayors Jaume Collboni and Jordi Martí, as well as the district councilman, David Escudé. However, this complaint was filed approximately one year ago due to lack of sufficient evidence. They are now preparing a second lawsuit, which they hope will be stronger and based on more concrete data, and which they plan to file by the end of this month. Enric Navarro, president of Stop Concerts, expressed his hope that this second demand will be more effective than the first, and said that they are in talks with other organizations that could join the action. “When the authorities do not listen, the only option left is to resort to justice to restore order,” he added.
Nighttime noise reduced in Barcelona
In fact, other neighbors are also considering going to court. Jordi Badia, spokesman for SOS Enric Granados, stated that “the only viable option is to sue the city council for their inaction, since they are not doing anything about it”. Teresa Picazo, of the Gòtic neighborhood association, acknowledged that “if we continue in this way, we will inevitably file a lawsuit,” while Jero Lorenzo, spokesman for SOS Triangle Golfo, added: “We hope this will make them aware that this problem needs to be solved. We are completely fed up.
The Malaga Precedent: A Case of Municipal Condemnation
Jordi Badia recalled an important precedent in Malaga, where the High Court of Justice of Andalusia, in May, upheld a conviction against the city council due to its inaction in the face of complaints from some neighbors about the noise generated by nightlife venues in the center of the capital. Now, the municipality of the Costa del Sol is obliged to compensate three neighbors with 13,440 euros per year from the date of the judgment “until effective measures are implemented to eliminate the nuisance caused by excessive noise”.
Night Noise: An Emerging Demand
Noise, especially from restaurants and nightlife venues, has become one of the main demands of neighborhood organizations in Barcelona. In June last year, several organizations called the first joint rally in Sant Jaume square in defense of the right to rest. In addition, in April, a project of the Elisava University School revealed that 90% of the city’s sound meters exceed the daily level recommended by the World Health Organization and the European Commission.
Teresa Picazo recalled that three years ago, the affected residents of Ciutat Vella sought legal advice from the Associació Catalana contra la Contaminació Acústica (ACCCA). Subsequently, the Xarxa Veïnal Contra el Soroll (XAVECS) was created, bringing together associations and neighbors from all over Barcelona. Shortly before the summer, at a meeting of this platform, the possibility of suing the city council was discussed again. Although it has been proposed as an idea, so far individual actions have been prioritized due to the lack of formalization of the association, as well as lack of time, personnel and resources. However, Lluís Gallardo, ACCCA lawyer and founding member of Jurists Against Noise, believes it is a viable option. “It can be solidly argued and defended, given that non-compliance with the measures is evident. The noise level that some neighbors have to endure is inhumane,” he said.
