Franklin Delays Rock Festival Decision as Nuisance Concerns, Pre-Vote Emails, and Livestream Questions Surface
By Dr. Richard A. Busalacchi
Franklin Community News
The motion to postpone the permit passed with one dissenting vote from Alderwoman Courtney Day, who has repeatedly argued the issue extends beyond sound levels and may fall under Franklin’s public nuisance ordinance.
attend the next meeting and respond directly to questions raised by council members and residents.
The decision marks the latest development in a debate that has spanned nearly a decade, with residents from Franklin and neighboring communities raising concerns about amplified music and explicit language from Rock events being audible inside nearby homes.
Debate Moves Beyond Decibels
During the meeting, several council members said they preferred to review the JPM Acoustics sound study before making a final decision on the permit.
The study, which has been discussed by the city for months, is expected to provide independent analysis and recommendations regarding sound levels and potential mitigation strategies at the Rock.
However, some residents and officials have argued that the issue cannot be resolved solely through sound measurements.
While sound levels are typically measured in decibels, many complaints raised during past events have focused on explicit lyrics and profanity being audible inside surrounding homes, even when sound levels were believed to be within permitted limits.
Alderwoman Courtney Day emphasized that the concern raised by residents may fall under Franklin’s nuisance ordinance, which addresses activity that substantially interferes with the comfort of nearby residents or offends public morals or decency.
Letter to Council Highlights Nuisance Concerns
Ahead of the meeting, Franklin Community News publisher Dr. Richard Busalacchi submitted a letter to the mayor and members of the Common Council urging them to evaluate the permit request not as a matter of sound calibration but as a question of compliance with Franklin’s nuisance ordinance.
In the letter, Busalacchi argued that the central issue is not whether decibel levels can be adjusted during a sound check, but whether the nature of the event results in amplified explicit content crossing the Rock’s property line and entering surrounding residential neighborhoods.
Busalacchi cited §178-2 of the Franklin Municipal Code, which defines a public nuisance as a condition that may “substantially annoy” the comfort or repose of the public or “greatly offend the public morals or decency.”
“A sound study does not measure profanity. A sound meter does not measure decency,” Busalacchi wrote. “Compliance with a decibel ceiling does not automatically negate a nuisance determination.”
The letter also addressed concerns raised during council discussion that tickets for the event had already been sold. Busalacchi wrote that extraordinary event permits are discretionary and that it is the responsibility of an applicant to secure approval before marketing or selling tickets.
“The City’s obligation is to enforce its ordinances — not to accommodate business decisions made in anticipation of approval,” the letter stated.
Emails Add Context to Debate
Emails sent by Alderwoman Michelle Eichmann to the mayor and members of the Common Council prior to the meeting were obtained by Franklin Community News.
In those messages, Eichmann referenced profanity in music played at Franklin’s annual July 4 Civic Celebration and raised questions about whether the city could treat the Rock differently without exposing itself to legal risk.
The emails did not explicitly direct council members how to vote but were circulated ahead of the meeting where the permit was scheduled for discussion.
The correspondence added another layer to a debate that has become one of the most closely watched issues before the Common Council in recent months.
Exchange Highlights Rising Tension
The letter also prompted responses from several observers.
Former Franklin Mayor Steve Olson replied to the correspondence, writing that the letter was “well written,” before adding that the decision would ultimately fall on “spineless alders.”
During the council meeting, Mayor John Nelson addressed the exchange while responding to public comment and said he took offense to the characterization of council members.
Nelson criticized Olson’s remarks and said the comment was degrading.
“To call the alders spineless in an email sent to the city — I thought that was degrading,” Nelson said during the meeting.
The exchange underscored the increasingly tense tone surrounding the permit request.
Livestream Interrupted During Meeting
The meeting was not available to the public through the city’s normal livestream, limiting the ability for residents to watch the discussion in real time.
At approximately 9:00 p.m., Alderwoman Michelle Eichmann posted on Facebook that the meeting could not be broadcast.
“Our apologies this evening with technical difficulties. The Common Council meeting could not be live streamed. The audio will be shared on our website within the next few days,” the post stated.
Later in the evening, at approximately 10:30 p.m., a 1 minute and 33 second video clip of Mayor John Nelson’s remarks from the meeting was posted to Facebook.
The city’s YouTube livestream page briefly appeared before going blank, and the full meeting was not available to viewers online.
The situation has raised questions among residents about how portions of the meeting were able to appear online while the official broadcast remained unavailable.
If the city’s official livestream failed during one of the most closely watched Common Council meetings of the year, residents deserve more than a brief apology on social media — they deserve a clear explanation of what happened and why the public record was interrupted.
Editorial: Eichmann’s Civic Celebration Argument Misses the Point
In emails circulated prior to the meeting, Alderwoman Michelle Eichmann suggested the city may be applying a double standard. She pointed to music played at Franklin’s July 4 Civic Celebration and questioned how the city could object to profanity at the Rock while similar language might appear at other events.
Her example misses the point.
If a band performs music with explicit or vulgar lyrics at a city-sponsored event, the solution is simple: do not hire that band again.
City-organized celebrations control their performers. If the content does not meet the standards expected by the community, those performers should not be invited back.
But the Rock’s major festivals — including Tacos & Tequila, Country Rising, and the former Faze Fest — have been produced by an outside promoter, Social House Entertainment, which has organized multiple large-scale events at the venue.
While Rock owner Mike Zimmerman has said he does not control the artists themselves, he does control who he partners with to produce those events.
Social House Entertainment is not the only promoter in the industry. If the events repeatedly bring performers whose content conflicts with community expectations, Zimmerman has the option to seek out other promoters or different event concepts more aligned with the standards of Franklin residents.
That distinction matters.
When amplified music and explicit language are broadcast across property lines and heard inside residential homes, the issue moves beyond entertainment preferences.
At that point, it becomes a public nuisance issue.
Franklin’s municipal code exists to protect residents when activity on one property begins affecting the quiet enjoyment of others.
For nearly ten years, residents have raised concerns about sound levels, explicit language, and the impact of large events at the Rock.
The city has discussed sound monitors, consultant studies, and mitigation strategies. Yet the core issue remains the same: residents hearing explicit content inside their homes.
Whether the delay is truly about waiting for the sound study or simply another instance of kicking the can down the road, the underlying question has not changed.
Franklin’s nuisance ordinance already exists to protect residential neighborhoods.
The only remaining question is whether City Hall has the spine to enforce it.
Franklin’s residents are not asking for perfection.
They are asking for the law to apply equally.
And sooner or later, the Common Council will have to decide whether those laws are meant to be enforced — or merely debated.
This piece reflects the author’s personal opinion and experiences. All statements are presented as commentary protected under the First Amendment. Readers are encouraged to review public records, filings, and documented evidence referenced throughout this article.
Dr. Richard Busalacchi is the Publisher of Franklin Community News, where he focuses on government transparency, community accountability, and local public policy. He believes a community’s strength depends on open dialogue, honest leadership, and the courage to speak the truth—even when it makes powerful people uncomfortable.
đź•Ż️ The solution isn’t another insider in a new office. It’s sunlight, scrutiny, and the courage to vote differently.
Because until voters demand honest, transparent government, the corruption won’t stop — it will only change titles.
Elections have consequences — and Franklin’s next one may decide whether transparency makes a comeback.
đź’¬ If you value hard-hitting, fact-based investigative reporting about our hometown of Franklin — follow Franklin Community News on Facebook.
Together, we can keep local government honest, transparent, and accountable
— for the greater good.
đź’¬ If you value hard-hitting, fact-based investigative reporting about our hometown of Franklin — follow Franklin Community News on Facebook.
Together, we can keep local government honest, transparent, and accountable
— for the greater good.
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