Tourism - What happens when we can't work together - Livability Courts

Tourism is a leading industry in Asheville North Carolina, generating 2.6 billion dollars in total visitor spending in 2021. While the city is benefiting from tourism's considerable economic benefits, the industry is growing expeditiously. Residents are now facing the repercussions of a fiercely growing tourism industry, negatively impacting their quality of life. One instance of this would be noise complaints from residents living nearby popular destinations. In Charleston SC, one resident reported a business for breaking the city's noise ordinances, stating that from midnight to 5am every Friday and Saturday the sound from the music, food truck generators, and visitors are preventing her and her family from sleeping and that they are “struggling to maintain their quality of life”. Cases involving these impacts are not immediately addressed by the courts as they are not prioritized for immediate action. However, for residents experiencing it in their day to day lives, the need for action is dire. Luckily, new programs have been arising throughout the country entitled “Livability Courts”. Originating in Charleston, South Carolina, livability court was created to address violations related to the quality of life in the City of Charleston. Since its creation, cities throughout South Carolina have adopted their own livability courts, including Spartanburg, Florence, Lancaster, Greer, and Newberry as well as cities in Georgia and Minnesota.

How could this be applied to Asheville?

Residents in Asheville have been bearing the consequences of tourism for quite some time. Speeding in neighborhoods has remained a concern throughout recent years, with residents from Montford demanding action to reduce dangerous driving. Residents have taken to displaying signs to encourage safe driving practices in an attempt to ease the problem. In addition to speeding problems, contention over Asheville's lighting ordinances have drawn public attention. Light pollution from the Mills River Brewing company turned clouds in the surrounding area a bright yellow color, disturbing residents from as far as three miles away as well as locals from surrounding neighborhoods. Finally, noise pollution is a major source of discontentment in Asheville. In the Noise Ordinance Survey in 2019, majority of residents agreed that industrial equipment, restaurants, bars and nightclubs, and concerts and festivals noises were a detriment to their quality of life. Residents report around 2,000 noise complaints yearly, according to the Coalition of Asheville Neighborhoods President Rick Freeman. During a city council meeting in 2021 Freeman stated “It's a true public health problem and that's why we need an improved ordinance and effective enforcement". Issues such as noise, sound and waste pollution are not exclusive to the tourism industry, in fact, Charleston livability court resolves disputes between residents as well as residents and businesses. One technique used to resolve these issues is using the officer assigned to the court as a mediator, who is tasked with attempting to resolve the problem between neighbors before it is taken to court. Since 2020, the number of police officers in Asheville has dwindled. As the total number of positions decrease, City Manager Debra Campbell remarks that “Neighborhood traffic concerns will also receive limited attention.” Additionally, staff positions designed to address noise complaints and animal control have also been shifted from the police to other departments. The need for effective enforcement could be fulfilled in the hearing of cases in a livability court setting in Asheville. Through the creation of a livability court, Asheville could be able to provide a platform for resident grievances to be heard and addressed.

Meet our contributor, Casey Feiler.
Casey is a soon to be graduate from the University of North Carolina Asheville majoring in Environmental Science with a concentration in management and policy. Her interest in sustainable tourism has led her to conduct research regarding tourism management in the city of Asheville. Outside of classes she enjoys exploring the outdoors while hiking

Some cases online that have been handled by the Livability court:

“Absolutely Charleston” was found guilty under the charge of “Tour Guide Required” in July of 2014.

In 2020 “Another Broken Egg Cafe” was charged with improper disposal of trash/garbage and found guilty.

The El Alamo example was referred to the livability court but there is no update as to whether or not a trial has occurred.

Aqua Blue Pools Company was charged with Illicit Discharges into the Storm System and found Guilty in 2021.

Philip Inwood case in 2002: A neighbor's rottweiler would bark all hours of the night, he was impounded for 30 days until the owner rehomed him.

Craig Kutz was charged with Animal Non Restraint and found guilty in 2013.

Recourse for Asheville residents: Officers have been relocated from original position and tasked with addressing resident complaints, fewer police officers in Asheville as a whole

A traffic safety unit with seven officers had been “temporarily disbanded as only a single officer and sergeant remained,”City Manager Debra Campbell described the impact of the officer shortage to the City Council in an Aug. 16, 2022, memo. Neighborhood traffic concerns (stop sign, speeding, loud muffler etc.) will also receive limited attention.”
The City Council solicited public input on “Reimagining Public Safety,” and decreased the total number of positions in the police department, from 314 in 2020 to 269 the past two years, shifting some jobs away from police to other departments, to handle calls such as animal control and noise complaints.

Led to complaints of safety from downtown workers due to lack of police presence

https://avlwatchdog.org/a-thinner-blue-line-down-40-in-numbers-asheville-police-are-overstretched-downtown/

Challenges of parsing the different effects of visitors and residents?

Charleston Livability court addresses cases concerning residents and businesses as well as interactions between residents. Before a court case proceeds, there is a mediator sent to try and solve resident disputes to avoid a trial.

They hear several types of cases:

https://www.urban.org/sites/default/files/publication/64001/900530-Livability-Courts-for-Problem-Solving-and-Mediation.pdf

Charleston court example: https://www.postandcourier.com/journal-scene/news/el-alamo-stands-firm-in-response-to-noise-complaints/article_73fdc578-7a32-11ed-9158-6f55cce16a09.html

El Alamo: Nightclub w/ restaurant permit

Sources:

Lighting ordinances

https://www.citizen-times.com/story/news/local/2018/04/06/city-asheville-reviews-lighting-ordinance-after-restaurant-complaints/492951002/

https://mountainx.com/living/wnc-wrestles-with-light-pollution/ ***

Speeding in neighborhoods

https://wlos.com/news/local/montford-residents-call-for-crackdown-on-speeding

https://www.citizen-times.com/story/news/local/2022/08/01/asheville-approves-lower-speed-limits-some-city-neighborhoods/10173405002/

Noise: