Montreal music venue La Tulipe ceasing activities ‘for the time being’ after Court of Appeal decision on noise levels
Posted September 24, 2024 3:38 pm.
Last Updated September 25, 2024 8:58 am.
A Montreal concert venue that’s been entangled for several years in a legal battle about noise levels says it’s closing its doors “for the time being.”
La Tulipe, in Montreal’s Plateau-Mont-Royal, says it was forced to come to that decision after the Quebec Court of Appeal ordered it to prevent any noise from being heard by residents of the building next door.
The concert venue says it received Monday’s legal judgment with “sadness, disappointment and incomprehension.”
“With this ruling from the Quebec Court of Appeal, the future of culture in Montreal is now at stake – because no venue or performance hall is safe from this,” La Tulipe wrote in a statement.
“It is also the entire ecosystem of the show that suffers, both on the side of the artists and musicians as well as for the event producers, as well as for the employees of La Tulipe. Not to mention the public, those for whom we develop and cherish this venue, who find themselves deprived of a legendary performance venue in their neighborhood and for Montreal as a whole.”
The mayor of Plateau-Mont-Royal, Luc Rabouin, called the Court of Appeal’s decision “surprising.”
“This interpretation of our by-law puts all performance halls at risk. I called a borough council meeting on Thursday to amend our by-laws to preserve the performance halls of the Plateau-Mont-Royal,” Rabouin wrote on X.
Rabouin is expected to speak to media on Wednesday morning, where he’ll share more of his thoughts on the Court of Appeal’s decision.
La Tulipe’s troubles began in 2016 when the new owner of the building next door to the concert venue obtained a renovation permit to transform a commercial space into a residential space. The municipality admitted that was a mistake.
What followed was a series of complaints, injunctions and lawsuits from the building’s new owner.
“This situation of constraint that we have been experiencing for eight years now has cost us enormous losses in operating revenues for the venue, legal fees, and all kinds of damages. La Tulipe, a heritage venue built in the early 1900s, is losing its status as a cultural jewel as well as its economic value.”
“I have taken note of the Court of Appeal’s judgment and the surprising situation it has placed La Tulipe in, which has consequently decided to close its doors. This is a sad decision,” said Mathieu Lacombe, Quebec’s culture minister.
“Now, the City of Montreal is taking action on this matter. I will therefore be closely monitoring the situation. The important thing is to find a framework that will allow performance venues to continue their work. I am confident that the City will succeed.”
Jon Weisz, executive director of Les Scènes de Musique Alternatives du Quebec (SMAQ), a non-profit organization that supports independently owned performance venues in Quebec, says noise bylaws have been an issue for years and need to be amended to better protect cultural spaces in Montreal.
“About 85 per cent of all cultural spaces in Montreal are on the Plateau-Mont-Royal and so the precedent that this Court of Appeals judgment sets applies now to 85 per cent of the cultural spaces in Montreal and implies essentially that a single neighbour can close any of them down like that,” he explained.
“Over the last few years, at least five venues by our count have closed. Uniquely because of the situation because there was one neighbour who kept complaining about noise.”
Chantal Rossi, the Official Opposition’s culture critic says the city needs to come up with a fix.
“Could buying the neighboring building to restore its commercial purpose be a possible solution? Maybe. Is financing the renovations needed to bring La Tulipe up to code another option? That could be another possibility.”
Last year, the Superior Court of Quebec ruled La Tulipe was required to insulate to common wall between the two buildings.
“We don’t have time to get the work underway since this neighbour is appealing and the ruling came down yesterday,” the venue wrote.
“We must therefore cease our activities at La Tulipe for the time being.”
CityNews spoke to some Montrealers who say they want to see the venue open sooner than later.
“It’s sad. La Tulip, which has been around for a long time, has nurtured so many artists in music and theatre,” said one Montrealer.
One resident who lives next door says he doesn’t hear much noise from the venue. “Sometimes I hear noise but not very much times…I would like they open back one day, as soon as possible.”
“People come here to live in the advantages of the city, but they won’t accept the consequences of that and I think that’s a shame.”
The venue is asking the City of Montreal and Lacombe, “to take a stand and implement measures to rectify the situation.”
-With files from Swidda Rassy, CityNews
