Las Vegas man files lawsuit against Sphere for excessive noise
A Las Vegas man and his limited liability company have filed a noise nuisance lawsuit in Clark County District Court complaining about the new sound system activated in the summer by the Sphere.
James Kay, the president of Lucky’s Two-Way Radios Inc. and manager of Lost Wages LLC, and a resident of the high-rise Park Towers on Hughes Center Drive, filed the lawsuit Monday against the operators of the Sphere and The Venetian, and Clark County for approving a waiver enabling the Sphere to exceed county sound limits 18 times a year.
Representatives of The Venetian and the county did not respond to requests for comment on the lawsuit, but a representative of the Sphere emailed a statement.
“Mr. Kay is a litigious individual who has a history of filing numerous lawsuits in different states covering everything from taxes to a refusal to grant him a weapons permit,” the Sphere’s statement issued late Tuesday said. “XO Audio operates in full compliance with Clark County regulations and with the support of Park Towers, where the plaintiff resides.”
The lawsuit seeks general, special, compensatory, incidental and punitive damages and attorney’s fees, all in excess of $15,000.
In the complaint, Kay said the Sphere is violating his property rights with noise in excess of applicable sound standards after it began testing its system July 3 and 4.
Sphere officials initially said the sound level was too loud when first tested, but the noise level eventually was reduced in subsequent tests.
“At the time that the Sphere started blasting loud music, the Sphere did not have any governmental approval to do the same and Sphere’s subsequent application to Clark County admitted as such,” the lawsuit says. “Thereafter, the Sphere applied for a waiver to the applicable noise ordinances. The Sphere engaged certain nearby homeowner associations and property owners to seek conditions for the ability to blast loud music at certain levels throughout the year (and throughout certain times during the day) with additional decibel levels and timings for 18 or so days throughout the year.”
The lawsuit said the sound from the Sphere rattled windows in residents’ homes.
Clark County approved the sound ordinance waiver on Sept. 4 after a hearing before the Paradise Town Advisory Board on Aug. 13.
Kay attended the advisory board hearing and said the Sphere “ambushed” residents with its sound system. The town board eventually recommended approval of the waiver in a 3-1 vote.
Under terms of the waiver approved by the county, the 17,500-seat entertainment venue can exceed county noise limits 18 times each year and must end sound presentations by midnight, except on New Year’s Eve. Sphere officials said they would cap the sound level at 87 decibels.
The Sphere is operated by publicly held Sphere Entertainment Inc. and is on property owned by The Venetian.
Contact Richard N. Velotta at rvelotta@reviewjournal.com or 702-477-3893. Follow @RickVelotta on X.