WACO, Texas (KXXV) — Neighbors reached out to 25 News' Bella Popadiuk after they say they've had issues with the bar, Austin's on the Avenue, in downtown Waco playing loud music. The bar owner says they've done nothing wrong and have not violated any noise ordinances.
- An open records request shows the bar had police come for noise complaints four times so far this year as of March 18.
- The only citation they received since October, 2024 was on February 16—when the decibel readings were all under the limit.
- Austin's On The Avenue says they do not play explicit music and follow noise ordinances.
- The city of Waco did not respond to 25 News' request for a comment on the situation.
BROADCAST TRANSCRIPT:
Robin Harris reached out to 25 News, wanting to share his frustrations with Austin's on the Avenue.
"It's been tough," he said.
He moved into a unit on Austin Avenue planning to use the space as a weekend getaway for him and his family. He now says that plan turned into a "nightmare."
"Not only is the music so loud that we can't sleep, the lyrics are so explicit we've moved our children to the other bedroom," he said.
Robin and other neighbors say they frequently call police about the noise.
However, the owner of Austin's Shawn Seay tells 25 News that he's well within his rights to play music at that level.
"Police officers come out here because they have to respond to a call for service," Shawn said. "The police officers, I mean, I understand they have to show, they're agitated with it. They get annoyed."
The area where the bar, Austin's, is located is zoned as a commercial area. That means noise levels cannot exceed 85 decibels at any time during the day.
These levels are measured from the point of disturbance, not from directly inside the bar.
Last year, Robin and other neighbors sent a letter from their lawyer to Austin's to discuss the situation, but they never got a response.
Shawn says he won't be speaking with any lawyers.
"I'm not going to play that game if you want to sit outside and have a cup of coffee, now I'm fine with that," Shawn said.
"It's frustrating," Jim Olmstead said. "We've got to learn to work together and when one party refuses to even hear our demands, it is very frustrating."
Jim Olmstead also wants to lower the volume of the music. He lives there and owns short-term rentals across from Austin's.
"People may not realize it, but this is our home and we have many people who live downtown."
25 News' Bella Popadiuk submitted an open records request to the city of Waco to find out how many warnings and citations the bar has been issued since October 2024, which is when the neighbors sent the demand letter.
City records detail four times police were called out on noise complaints so far this year.
The only citation they received was on February 16—when the decibel readings were all under the limit.
Shawn says he will continue operating business as usual.
