Noise Lawsuit Against Sphere Operators to Continue

A lawsuit filed by James Kay against The Sphere, The Venetian, and Clark County over excessive noise will proceed after a judge denied a motion to dismiss.

The Sphere Noise Lawsuit to Continue, Judge Says

Last week, District Court Judge Mary Kay Holthus denied the motion to dismiss the lawsuit against The Sphere, The Venetian, and Clark County, allowing the case to proceed. The lawsuit was filed last October by James Kay, the president of Lucky’s Two-Way Radios Inc. and manager of Lost Wages LLC, on the grounds that The Sphere, The Venetian, and Clark County approved a waiver enabling the Sphere to exceed county sound limits 18 times a year.

Under the terms of a waiver approved by the county, the 17,500-seat entertainment venue can exceed county noise limits up to 18 times per year, with sound presentations required to end by midnight, except on New Year’s Eve. Sphere officials have stated they will limit the sound level to 87 decibels. Since the initial approval, the number of allowed exceedances has been reduced to 12, and the sound level is now capped at 85 decibels. The Clark County Commission approved the sound ordinance waiver on September 4, following a hearing before the Paradise Town Advisory Board on August 13.

Complaints Against the Sphere Aren’t New

While Key filed the lawsuits in October, residents of Park Towers, a high-rise apartment complex located near the Sphere, have complained about noise from the venue since at least August of 2024. It was then that the controversial decision, the Paradise Town Advisory Board voted 3-1 to allow the Sphere to exceed Clark County noise limitations on 18 occasions throughout the year.

Residents of Park Towers voiced their frustration with the board’s decision, especially because Sphere’s representatives made concessions after the public comment period had ended. One of the biggest reasons for complaints was a test in July where the Sphere emitted sound waves that caused windows to rattle and disturbed residents in the apartment complex. Back then, Kay described the experience as feeling “ambushed.”

What Does Kay Seek from the Lawsuit?

The lawsuit is seeking general, special, compensatory, incidental, and punitive damages, along with attorney’s fees, all totaling more than $15,000. In the complaint, Kay alleges that the Sphere is infringing on his property rights by exceeding applicable sound standards after it began testing its system on July 3 and 4.

Initially, Sphere officials acknowledged that the sound level was too loud during the first tests, but the noise was subsequently reduced in later tests. In addition, a statement from the Sphere said that “Mr. Kay is a litigious individual,” with a history of filing numerous lawsuits across various states, covering issues ranging from taxes to the denial of a weapons permit.