Causing a Racket: Unpacking the Elements of Cultural Capital in an Assessment of Urban Noise Control, Live Music, and the Quiet Enjoyment of Private Property

Abstract

I examine the tension between and the treatment of the elements of cultural capital within dynamic mixed-use spaces, and posit that Canada's current noise control and noise pollution legislation, by-laws, and case law demonstrate a hierarchical protection framework placing greater importance on the "quiet enjoyment of private property" over live music culture, where performances are often the subject of noise complaints. While the elements of cultural capital valued by those who favour the value of quiet enjoyment of private property is well represented throughout legislation, by-laws, and case law, the elements of cultural capital valued by those who favour the value of live music venues and events is comparatively unaddressed.

Keywords: Noise complaints, cultural capital, critical legal theory, live music, private property