The first close to the nightlife is never forgotten. After years of volumes of condominium disputes, fights, stadium chants and toasts until dawn, residents take home the first point. Probably unexpected. And for this strongly suspected of becoming a precedent for the other noise capitals. Because the anti-nightlife condominium has won its battle.In the stretch of Corso Garibaldi between via Moscova and via Marsala and Largo La Foppa, the stop for takeaway alcohol starts from ten in the evening and at the dehors of the clubs from midnight. The Municipality must in fact surrender to the sentence of the TAR which gave reason to the protests of the condominium in Corso Garibaldi 104. The 2054/2020 sentence – reads the resolution – highlighted, depending on the content of the technical reports filed by Arpa, the existence of a connection between the exceeding of the acoustic limits and the “sale of drinks, also for take-out, on time nocturne ”, regardless of whether it is alcoholic or non-alcoholic beverages. Therefore, the introduction of a ban referring only to the sale of alcoholic beverages is inconsistent with the need to contain noise emissions and does not integrate a correct execution of the judicial decision.
Thus speaks the ordinance. Which actually partially accepts our requests – explains Luciano Broggi, spokesperson for the committee -. The law states that the right to night rest begins at 10pm. If things in recent years have degenerated in the wake of the wild tables it is not our fault. The Tar has measured (and weighed) the decibel level, which cannot exceed 55 from 10pm. Here we recorded a volume that can produce 128 radios turned on simultaneously, adds Broggi.
Since yesterday, the condominiums at war with the nightlife have been stationed on the balcony and at the windows to see if something has changed. We are now over the limit, so it is difficult to go back – adds Broggi -. Now not even taxis enter here and for us who live there it is impossible to get home: these young people do not understand that they are the ones who are in the wrong place. The first sentence dates back to September 2019. The condominium in Corso Garibaldi 104 had requested the adoption of urgent measures for the protection of health, peace, urban safety and public order in that area. Among other things, we read in the sentence, on 25 July 2018 the local police carried out inspections between midnight and 2am, noting the presence between number 104 of Corso Garibaldi and number 5 of Largo La Foppa, of hundreds of people massed near the premises.
The TAR explains that the Municipality of Milan certainly took action in the face of the request presented by the condominium, urging the ARPA to carry out the technical checks necessary to ascertain the intensity of the sound emissions. Investigations, however, not yet completed. The administration itself, however, did not take final decisions with respect to the requests of the condominiums. Nothing excludes, writes the TAR, that the administration deems the prerequisites of fact and law for the adoption of the ordinances required by the condominium to be non-existent, but must adopt an express and motivated measure. A laconic statement that an order, even an urgent one, would not be decisive in this case is not enough. For the 14 clubs included in the 150 meters baptized by the new ban, the nightlife is likely to change a lot. From 10 pm in the meantime, take-away can no longer be served: a hard blow to the kind of places that build the weight of their receipts by sowing cocktails and beers to be consumed along the road or sitting on the steps of Corso Como.
From midnight the obligation to clear the outdoor tables is then triggered. With the paradox, more unique than rare, of forcing the premises – when the curfew is lifted – to serve the children inside, which is allowed, however far away, and not outside as the Municipality has encouraged in recent months to lower the risk of . A decision that would have made sense in normal times, certainly not after 15 months of pandemic that forced our category to jump through hoops to survive, attacks Luca Hu, manager of Chinese Box, one of the magnet bars of the offending stretch of Corso Garibaldi. Among other things, Hu lives at the house where he climbed the barricade, so he knows the tone of the condominium meetings well. Probably the Municipality wanted to protect us by letting us invest in the outdoor areas and for this reason we are now struck by a legal quibble.
The situation is getting complicated. On the one hand, the locals who took the run to restart and exit the crisis. On the other hand, the residents of the area suddenly awakened after the pampering of a year and pass by silence under the house thanks to the lockdown. Until we receive the Pec that notifies us of the ordinance, we go ahead, explains Hu. Then on Monday we will meet with the other managers to study a strategy and challenge the order: at this rate they can close all of Milan. I can’t keep the kids at home: they will come in droves anyway and find a way to go and drink somewhere else.
June 6, 2021 | 07:55
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