The discord over saxophone music at a Miami Beach cafe grew louder at around 1 a.m. Wednesday with a late-night motion from residents looking to intervene in a lawsuit challenging the constitutionality of the city’s noise ordinance.

Neighbor Frank DelVecchio, a retired civil rights attorney, and two condominium associations filed the motion in federal court for permission to participate in the case on the city’s behalf. They claim the suit by restaurant owner Bake House SB LLC is a ploy to topple Miami Beach’s restrictions on live entertainment in the affluent South of Fifth neighborhood and turn a quiet community into a party hotspot. They also allege companies tied to the plaintiff already operate outdoor nightclubs blocks away and want to deregulate entertainment. They claim Bake House SB LLC framed a zoning matter as constitutional challenge as a way to use litigation to strike down an ordinance — rather than draw public attention by approaching the City Commission to change the rule.

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