SPOKANE, Wash. — Free outdoor concerts at Rocket Market will continue after a jury unanimously agreed that the plaintiffs' attorney did not provide enough evidence that the event disrupted residents living in the Comstock neighborhood.
Rocket Market co-owner Alan Shepherd said he had never been involved in a jury trial before. He called the experience "heart-pounding."
"The jurors come into the courtroom with their future in your hands. It's kind of scary honestly," he added.
Shepherd also said the unanimous verdict among the jurors was "heartening."
"We're glad the way it worked out and it's nice to know the system works. We're sad it had to go to a jury trial, but ultimately it works, so that's pretty amazing," Shepherd said.
The six plaintiffs involved were neighbors who filed a lawsuit in January 2017 because of the noise and alleged rowdiness of people attending the concerts. The plaintiffs’ attorney Jed Barden was asking for about $400,000 for each plaintiff, according to the market’s attorney George Mix.
One neighbor took to NextDoor – a social media application for specific neighborhoods – in January 2017 to rally support for the local grocery store after hearing news of the suit.
“The Rocket Market is the gem of our neighborhood!” she said in a message to KREM 2.
When her other neighbors online responded with words of encouragement and she spoke to the owners, Pogue Rau started a GoFundMe account to help Rocket Market handle their legal costs. The site raised more than $6,000.
Shepherd said the community's support had a profound impact on him throughout the process.
"We were kind of stunned and amazed at the outpouring of support from the community. It's just been overwhelming," he told KREM.
A recent Rocket Market Facebook post about the lawsuit victory has received hundreds of comments and shares, and nearly 1,000 reactions.
"Welp, it's over, MUSIC WINS! We are so grateful for all the support & love our community has shown us through this long process! We are proud to be a part of your world. THANK YOU!!!" the post reads.
Shepherd said local business owners were also supportive. Jon Coyne of Perry Street Pizza, which also hosts outdoor concerts, testified on the market's behalf.
"If we would have left, it would've stopped all outdoor music in Spokane because no insurance companies would underwrite it, so no one would risk it," Shepherd added.
Barden implied at the trial that Rocket Market co-owner Alan Shepherd essentially colluded with the city, Mix said. Mix said Barden presented a photo of Spokane Mayor David Condon and Shepherd taken from previous KREM footage to prove this point.
Mix said there was no evidence to prove this alleged collusion.
During the lawsuit, three plaintiffs said they moved because of the noise from the concert series, Mix said. But he presented evidence that the plaintiffs had moved because they needed a bigger home. The person who owns the home said she loves the outdoor concert series during her testimony.
“Rocket Market is a very special place and the community spoke out in support of Rocket Market,” Mix told KREM.
Shepherd said the concerts will continue as they have in years past.
"We won't turn the volume up or make it any different than we have for the past 18 years. We will stay the same respectful neighborhood that we've always been," he said.
