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Frankfurt Heidelberg Bar Owners Sue Council Over Discriminatory Terrace Closure

Owners of a La Seu d'Urgell bar accuse the local council of unfair treatment by forcing their terrace to close at 10pm, despite regulations allowing.

Synthesized from:
Bon Dia

Key Points

  • Council ordered 10pm terrace closure on Oct 20 due to two residents' complaints, despite no fines or police reports.
  • Local residents' association backs bar, reports no noise issues, alleges complainant harassment with oranges and infrasound.
  • Owners seek court interim order, invested €10k+ in noise screen, face job losses and business viability threat.
  • Council decision ignores Catalan regs requiring police evidence; owners consider criminal complaint against mayor.

The owners of Frankfurt Heidelberg, a bar in La Seu d'Urgell's Plaça Codina, have accused the local council of discriminatory treatment by forcing them to close their outdoor terrace at 10pm, despite regulations allowing it to stay open until midnight.

The decision, dated 20 October, appears to stem from complaints by a single resident in the building, later joined by one from a neighbouring property. However, the local residents' association supports the bar owners and has offered to testify in court that they experience no noise or other disturbances from the terrace. Several residents interviewed echoed this, praising the owners for strictly enforcing closing times and monitoring customers to prevent lingering noise. In contrast, they described incidents where a complainant allegedly harassed patrons by throwing oranges onto tables and activating infrasound devices, which are particularly distressing for people with autism or pets.

The dispute is now before the courts, with the owners seeking an interim order to keep the terrace open and avoid "irreparable economic damage". The council has opposed this. The bar owners are also considering a criminal complaint against the mayor for administrative prevarication, alleging the order was issued arbitrarily, in bad faith, and without regard for proportionality. Under the penal code, this offence involves an authority knowingly issuing an unjust administrative resolution.

No fines or police reports have been issued against the bar, and the council has not responded to enquiries. Owners point out the measure's inconsistency, as it does not apply to any other similar venue in the city. They invested €10,534 in a special acoustic screen to reduce noise, on top of €3,427.96 in annual terrace fees and €1,944.34 for summer extension.

The restriction, which the council claims affects only 15% of turnover, effectively prevents terrace dinners—a key revenue source, especially as warmer weather approaches. Owners say it threatens the business's viability, with eight jobs at risk, and they have received offers to sell the premises for alternative use.

Legal experts assisting the owners note the council's resolution fails to reference Catalonia's general regulations on public establishment hours (Order INT/358/2011), which permit mayors to impose exceptional reductions only with documented police evidence.

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Original Sources

This article was aggregated from the following Catalan-language sources: