Film-Tech Forum ARCHIVE: Aut-O-Rama Twin Drive-in sues Ohio Sports Park in North Ridgeville over bright lights

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Posted by Jeffry L. Johnson (Member # 453) on 06-04-2009, 02:39 PM:

web page

quote:
Aut-O-Rama Twin Drive-in sues Ohio Sports Park in North Ridgeville over bright lights
Posted by Michael Sangiacomo/Plain Dealer Reporter June 01, 2009 23:45PM
Categories: Real Time News

NORTH RIDGEVILLE, Ohio — It's a battle of the bulbs.
One of the few remaining drive-in movie theaters in the Cleveland area got a two-week temporary restraining order last week to shut off the lights at a nearby outdoor sports complex.

The Aut-O-Rama Twin Drive-in sued the recently opened sports center, maintaining that the lights on ball fields wash out the images on the movie complex's giant picture screens.

The Aut-O-Rama, which opened in 1965, is one of only 33 drive-ins left in Ohio.

The $3 million, 67-acre Ohio Sports Park has seven illuminated baseball and softball fields, outdoor volleyball and basketball courts and nine soccer fields.

Deb Sherman, owner of the drive-in, said she knew she was in for trouble when the Ohio Sports Park, about 600 feet east of the theater, tested its lights May 8.

"This is our business," she said. "People have to be able to see the screens to enjoy the movie or they won't be back. The lights are so bright on one screen that it's like watching a PowerPoint presentation with the lights on. People watching the other screen have the lights shining in their faces. It's unpleasant, and we can't afford to lose customers."

After meetings with the sports park owners proved unsuccessful, Sherman filed suit in Lorain County Common Pleas Court, seeking more than $50,000 in damages. The court granted the temporary restraining order while the situation is investigated.

Sherman said that Friday night, rather than force the sports park to shut off all its lights, the drive-in let the park test to determine which ones needed to be doused to permit the movies to run.

She said that with lights out on four of nine fields, the picture was acceptable, though not perfect. The lights on the four fields will remain off for now.

Denny Johnson, North Ridgeville safety service director, said the city's chief building official would measure how much light is leaving the sports park. The lights will be turned on for the test despite the restraining order.

"We have regulations regarding how much light leaves the property," he said. "They are working with the manufacturer and installers to get the lights properly aimed so it doesn't impact surrounding businesses."

The owner of the sports park, Larry Vassil, said he would fix any violation of city light-control ordinances, but nothing else. He said he went through the city's planning commission and received all the necessary permits. He feels the lighting is within ordinance standards.

"If the city says we are in violation, that's one thing," he said. "I have talked to people who said the light did not affect the movie at all. We have a court date of June 10 because we think the restraining order is unfair. We're hoping to move that court date to [this] week."

Sherman said the drive-in received many complaints from customers, some of whom thought the theater's equipment was faulty.

She said she tried to ease the situation by playing brighter movies on the screen most affected by the sports park lights, but she wants a permanent solution.

Posted by Troy Hilsman Powell (Member # 4326) on 06-04-2009, 07:27 PM:

I thought that you were already grandfathered in.I am just old school and maybe the laws have changed but it just does not seem right or fair to you.That burns my grits!

Posted by John Wilson (Member # 269) on 06-04-2009, 07:29 PM:

That really sucks. [fu]

33 Drive-ins left in Ohio? Well done Ohio! [thumbsup]

Posted by Dennis Benjamin (Member # 1137) on 06-04-2009, 08:11 PM:

This story reminds me of a Drive-In I went to in Las Vegas. I saw "Windtalkers" at a Syufy location. Turns out that the Drive-In complex was near an airport or something(?) I believe - or maybe it was some bright Casino Lights or something. All I remember is that there were a lot of lights washing out the screen and it was annoying as hell. The concession stand had no air conditioning on the inside and the popcorn was disgusting. I left and never went back.

I wonder if that hole is still open?

Anyways.....

Posted by John Wilson (Member # 269) on 06-04-2009, 08:36 PM:

There was a DI in Vegas right near an auto dealer with bright lights on the cars...maybe that was it.

I think it eventually closed with the car dealer's apparent lack of regard to what the drive-in did cited as a major reason for its closure.

That... and apparently the popcorn sucked.

Posted by Kenneth Wuepper (Member # 1174) on 06-04-2009, 10:33 PM:

Here in Saginaw Michigan we had three drive in theaters. The TWILITE was closed when K Mart opened a store right next to it and had enormously bright parking lot lights. The picture was nearly wiped out by the orange lights from the parking lot.

The other two theaters were the victim of Daylight Savings Time that made it impossible to start the films until 10:00 each night during the Summer.

I remember operating the booth at the Twilite when we had "All Night Movies". We started at dusk and ran until dawn. Nothing showed twice and the manager made me be sure that the last feature ended while you could still see the picture. Those who stayed through the night were given coffee and doughnuts after the show.

KEN

Posted by Demetris Thoupis (Member # 833) on 06-05-2009, 12:24 AM:

There is a thing called "flaps" to "control" the light. There are also motorised flaps

Posted by Joe Elliott (Member # 4006) on 06-05-2009, 02:40 AM:

When I managed the I-70 drive-in in Kansas City, the KC Royals (Kaufman)stadium lights would wash out our screens after they would re-position them. We would then have to call and they would re-adjust them again. They were required to, because the drive-in was there before the stadium. I would think the same grandfathering would apply, however every states laws can be different.

Posted by John Hawkinson (Member # 1135) on 06-05-2009, 12:28 PM:

I'm honestly surprised states have effective laws about light polution. I would fear you would be required to buy the adjoining property and to make sure this doesn't happen, which sounds like an expensive and impractical proposition...

--jhawk

Posted by James Westbrook (Member # 3690) on 06-05-2009, 12:49 PM:

In the picture warehouse under the Astro Drive-In you will find they were having problems with light pollution from an auto auction parking lot for the last several years they were open. This was Dallas' last drive-in.
When the Golden Horseshoe was open in Lubbock years ago, the city of Lubbock was nice enough to mount shrouds on the drive-in side of the street lights that ran closest to the drive-in on University avenue to keep excess light out of the lot. Didn't help much as development around the drive-in contributed more to the light pollution. The site is now a large K-Mart.

Posted by Louis Bornwasser (Member # 3063) on 06-05-2009, 02:56 PM:

"Damage" to one's business results in a reduction in profits and property value. Any lawsuit revolves around damages.

While it is best to not have any damage; it is proper that damages be compensated. Sometimes the drive in is worth more dead than alive. Louis

Posted by Jack Ondracek (Member # 1466) on 06-05-2009, 06:44 PM:

That may sometimes be true, but probably not in the case of this drive-in. As they go, this is one of the more successful operations.

Too often though, owners don't want to get in the middle of a long legal fight. By the time they realize they have a serious problem, the business is all but gone.

Pacific Theatres has one Washington drive-in left (under their "United Drive-Ins" corp). It's a 6-screener... 56 acres, 2 snack bars, something like 3,000 cars total. Development has surrounded it over the years and, wanting to redevelop themselves, they've done nothing about light pollution. A nearby car dealership has pretty much effectively turned the place into a 4-screener.

Posted by Sam Graham (Member # 2889) on 06-05-2009, 09:59 PM:

We have a subscriber mailing list through the 99W Drive-In website specific to development as it goes up around the drive-in. We started this after an uncooperative Burger King went up to the west.

Now, each time something new comes up, we send out a notice announcing the scheduled public input period with the city's contact info, describing the project and emphasizing that the ambient lighting needs to be controlled to keep the screen from being washed out. The drive-in fans (there's about 300 subscribers to the list) flood the city planner's e-mail box, and specific lighting restrictions get written into the plans.

Overall, it's been pretty successful.

Posted by Ian Parfrey (Member # 5122) on 06-07-2009, 03:36 PM:

I really hope the Aut-O-Rama wins this before it gets driven under by an impending legal battle.

But if all else fails, try the "Don't get angry-Get even" mode of approach...such as-

Sound cannons
Localised cloud seeding [evil]

Unified car horn honking during sporting events &tc.
Super Trooper or Flame arc spotlights

My point here is that if the Sports pavillion wont even be a bit reasonable, then could the Drive-in be held unlawful for trying to save an existing successful business?

The Aut-O-Rama guys really need support.
Cheers
Ian

Posted by Jack Ondracek (Member # 1466) on 06-08-2009, 10:42 PM:

I'm voting for the drive-in. The owner is a tough gal. Doubt if she'll put up with anything she doesn't have to.

Posted by John Wilson (Member # 269) on 06-08-2009, 11:53 PM:

Let's hope.

Posted by Scott D. Neff (Member # 185) on 06-09-2009, 05:32 PM:

quote: Dennis Benjamin
I wonder if that hole is still open?

Yes - it is open - and it's not a hole anymore. Sure I'm biased, I work for the company, but it's been remodelled a bit, though still no air conditioning in the snack bar.

The lights you speak of are likely from the Fiesta casino across the street. The airport is generally dark during movie hours. We've since upgraded projection (and sound) so that the lights aren't as much of an issue and put some management in place with better customer service.

But to speak on topic... it's a problem for a lot of drive-ins, especially those in now developed areas. What used to be the dark edge of town is often the center of a new development and lights abound everywhere. It's a shame that every drive in can't have the good old-fashioned single screen towers that were solid from ground up and had little wings to block ambient light.

Posted by Jeffry L. Johnson (Member # 453) on 07-10-2009, 02:27 PM:

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quote:
Aut-O-Rama Twin Drive-in convinces judge to dim lights at nearby Ohio Sports Park in North Ridgeville
Tuesday, July 07, 2009
Donna J. Miller
Plain Dealer Reporter
North Ridgeville -- The Aut-O-Rama Twin Drive-in persuaded a judge to dim the lights at a nearby sports center because the brightness washes out the images on the movie complex's screens.

Lorain County Common Pleas Judge Edward Zaleski issued a preliminary injunction Monday ordering the Ohio Sports Park to turn off many of the lights on five of its seven ball fields by 9:45 p.m. each night.

The drive-in won a temporary restraining order last month to get some of the sports park's lights turned off while the case was argued in court. The preliminary injunction takes its place. Zaleski ordered both sides to return to court July 24 to review how the measure is working.

The $3 million, 67-acre Ohio Sports Park is about 600 feet from the drive-in.

In addition to its seven ball fields, it has outdoor basketball and volleyball courts and nine soccer fields.

Deb Sherman, owner of the drive-in, said many customers complained about the picture on the screens after the sports park illuminated fields in the spring. The Aut-O-Rama opened in 1965 and is one of 33 drive-ins left in Ohio. Zaleski acknowledged in his ruling that the actions of the sports park had hurt the drive-in's business and would continue to do so without the preliminary injunction.

Sherman called the judge's decision a "huge relief."

"It should solve the problems for now, if he follows it," she added, referring to Larry Vassil, owner of the sports complex.

Vassil did not return a call Monday seeking a comment on the preliminary injunction. He said last month that he went through the city's planning commission and received all the proper permits before opening the sports park.

Posted by John Wilson (Member # 269) on 07-10-2009, 08:13 PM:

[thumbsup]

Posted by Jeffry L. Johnson (Member # 453) on 07-26-2009, 11:47 AM:

Another update.

quote:
Drive-in and sports park settle light fight in North Ridgeville
Posted by Michael Sangiacomo/Plain Dealer Reporter July 24, 2009 14:04PM
Categories: Breaking News, Real Time News

ELYRIA — The shows -- and the ball games -- will go on in North Ridgeville.

The owners of the Aut-O-Rama Drive-in and the Ohio Sports Park reached a court-approved agreement over the lights at the sports park, which had adversely affected the picture quality on screens at the drive-in.

Aut-O-Rama owner Deb Sherman said new light shields installed on four of the five fields have solved the problem. The last lights on one field are expected to be shielded soon and until that time, the ballpark must turn off it's lights 45 minutes after sundown.

"That's all it took, as we had asked for back in May," she said. "Once the shields were put on, our pictures were fine. And it only cost $11,000, not the $300,000 the ball park originally said it would cost."
The $3 million, 67-acre Ohio Sports Park is about 600 feet from the drive-in across the Ohio Turnpike. In addition to its seven ball fields, it has outdoor basketball and volleyball courts and nine soccer fields.

The owner said in June that he went through the city's planning commission and received all the proper permits before opening the sports park.

At a hearing this morning, Lorain County Common Pleas Court Judge Edward Zaleski ordered Ohio Sports Park to turn off its remaining unshielded ballfield lights 45 minutes after sundown.

Since the days grow shorter the rest of the year, the court included a list of times that the lights are to be shut down through the drive-in's final week of the season on Oct. 9. This weekend, the ball park lights must be turned off by 9:38 p.m., on Oct. 9 they must be turned off by 7:41 p.m.

Sports park owner Larry Vassil signed the court judgment order today. He did not return calls for comment.

The judge ordered a conference on Oct. 23 to determine if the order is being followed.

Sherman said she complained to the judge that the ball park had violated the judge's previous order to turn out lights at 45 minutes after sundown.

"The judge said that the curfew is the curfew, no more finishing an inning or extending the time for any reason," she said. "He said there could be fines, damages, even jail if it continues."

Sherman said the lights were hurting their business, which has been in operation at the same location since 1965.

Posted by Mark Gulbrandsen (Member # 72) on 07-27-2009, 08:04 AM:

50K doesn't seem like very much to even bother for. She must be looking at only loosing one years revenue there. I'd say more like 5 mil would be a figure to hit em with. Loss of revenue over the remainder of the lifetime of the Drive Inn.

Mark

Posted by Jack Ondracek (Member # 1466) on 07-28-2009, 10:19 PM:

quote: Mark Gulbrandsen
50K doesn't seem like very much to even bother for. She must be looking at only loosing one years revenue there.

Been a while since you went to a drive-in, Mark? Nobody's getting first-run if they can't make more than that in a season. Some of us actually manage to raise & educate our families, pay these places off and still afford a tank of gas once in a while. [Roll Eyes]

I don't know where Deb came up with the $50k figure. I understand that's a pretty successful place. Maybe the original story was wrong & she was looking for that per month!

Posted by Tim Reed (Member # 137) on 08-02-2009, 02:22 PM:

Go Deb!! This will be an important case for future light pollution issues.

Posted by David Kilderry (Member # 142) on 08-06-2009, 10:36 AM:

It is a constant problem for us too. The local council has been supportive, even if the large trucking depot operating 24 hours behind our main screen are not!

They compromised and switched their main light tower off for part of each night (until 1:00 AM) it is not perfect, but better than having it on.

The new freeway extension is due to wipe it out soon.......but that may introduce new problems.

Another local drive-in (Coburg) has a football field behind it and those lights are terrible too.