Tuam cheerleaders ordered to be quiet after plea for compromise falls on deaf ears

A JUDGE has issued an order forbidding a Tuam cheerleading club from making any noise which disturbs their neighbours. The order was made after futile pleas by the Judge for a compromise to be reached between the parities involved, fell on deaf ears. Pat Fahy, Galway Road Tuam took a civil case against the Ace Cheerleading, Galway Road, Tuam under the Noise Pollution Act. During the lengthy hearing at Tuam Civil Court Mr Fahy stated that he and his family could not enjoy their garden or home because of the noise levels created when the club trained in the galvanised shed adjacent to his home. Mr Fahy told Judge Geoffrey Browne that the last person to operate from the building, Paddy Lawlor, operated a garage there and they had no problems with noise. Any there was, was during workdays and not at night or Sundays.[private] However, since January when Ace Cheerleaders moved in, the music and noise had been practically non-stop. They had no peace in their garden and the noise continued up until 10 pm at night. On Saturdays and Sundays it began at 10 am and continued for 12 hours until 10 pm. Mr Fahy played of tape of the noise which was recorded in his garden. He said he called to discuss the noise on March 22 and Fiona Collumb, Ace proprietor, had told him the noise levels were acceptable to Galway Co Council's environment section standards. He also stated that despite the Judge's ruling, the noise should be curtailed at the last hearing in September, it had not only continued, but got worse. He mentioned this to Gerry McGinty, husband of Fiona Collumb, who ran the business with her, and he replied: 'What can we do about that.' Edwina Lynch solr (defending) for Ace put it repeatedly to Mr Fahy that he had an issue with her clients because of a problem with gaining access to his back garden via their property. Mr Fahy insisted that there was no grievance over the access issues and this was not at the root of his complaint, it was the noise and disturbance from the property. He said he brought the matter to law in June when he realised the Co Council were not going to do anything about the noise. Summons arrived in birthday card Edwina Lynch put it to him that the relationship turned sour after her clients asked him to sign an indemnity if he was to come on to their property, to cover them in case of accident or injury, and he declined to do so. She also asked whether he had received a letter from her clients asking him not to come onto their property. Mr Fahy denied this but admitted posting a Court summons to them in a birthday card because he was afraid they wouldn't accept it otherwise. In evidence Gerard McGinty said he was involved in the day to day running of the business. He said the noise issues only arose after the access issue arose between them. Big investment He insisted he and his wife didn't want any problems. They ran a cheerleading club catering for children from the ages of four to 17 and also had an adult squad. They had invested €30,000 in equipment. They had tried to get Mr Fahy to agree to get a neutral person to monitor noise levels but this had not been agreeable to him. Mr McGinty said he had letters from other neighbours stating they had no problems with their business and also letters of recommendation from parents of children stating the benefits to them of taking part in the activities they provided. He added that Ace had won numerous awards. 'Not all children want to play football or camogie. We take all children and refuse none. We represented Ireland in Florida and came 10th in the world. We don't want problems,' he said. Mr Fahy, representing himself, was allowed cross examine the witness. He asked why he had not stayed in the MG Business Park where they were located before they moved next door to him. The witness said they had to move for commercial reasons. Where they were suited them size wise and it was an on-going project. 'It is not our wish to insult you or your wife or anyone,' he added. He also said he tried to accommodate the Fahys by setting sound levels they could accept. The Gardai had told him there had been no complaints about noise to them and they would only intervene if it was happening after 11 pm at night. Who contacted Sun? 'We tried to work with you but you just want us out. You say your family is 200 years here and we come in to this town and set up our club, you want us out,' he said. Mr Fahy asked if his wife had sold the story to The Sun newspaper. Mr McGinty said The Sun had approached them. His solicitor Edwina Lynch offered Judge Browne an opportunity to visit the Ace premises. 'I haven't the slightest interest in doing so,'| the Judge told her. He asked to hear the tape again and after listening it, asked 'would anyone here like to live beside that?' The Judge asked for a show of hands in the Court but no one raised their hand. He then said he had no doubt that a lot of work had gone in to the business and wondered if a compromise could be reached between the parties. 'Love thy neighbour and all that'. However, Mrs Fahy said this was unfair on her family as they were the ones who had to live with the noise. She said lies had been told in Court and this didn't indicate a compromise was possible. 'Do you think the Court is full of truth?' Judge Browne asked her. He appealed for the parties to reach a solution among themselves. He said he was well aware of the problem with noise and galvanised structures and that it would cost 'three fortunes' to insulate it. He had no doubt the kids enjoyed themselves at Ace but there were neighbour problems and the Court had to do something about it. Mr McGinty said that if finances improved down the road they might be able to do something but as it was they charged by the class and it was not feasible right now. The Judge asked if they wanted to go away and come back with an agreement worked out between themselves, he would accommodate this. Mr McGinty stated that they just couldn't stop the noise straight away. 'In that case I'm granting the order,' the Judge said, adding that they could appeal his decision to the Circuit Court if they wished.[/private]