EXPOSING

Plaintiff's exhibit 16f: Black cardboard hand cutout casting a shadow shows the amount of light produced (by the north perimeter fixtures in exhibit 16e) in my home, after the bulbs were changed to a 400 watt bulb per fixture. (Click on photo for larger image.)

The problem was the shields were fastened to the backs of the fixtures and hung underneath at approximately, a 45 degree angle. Anybody who has shot a game of pool knows what a bank shot is, right? (plaintiffs exhibit # 16: d, e, f) So now some of the light was being reflected out horizontally into our homes and it is worse than it was with no shields. But Mr. Hearn said to me “it’s not direct light now, so the city can’t make the dealership change them.” However, the bulbs were changed from 1000 wt./fixture to 400 wt./fixture in the perimeter light on the back lot a few weeks later. It was still very bright, as illustrated in the picture, exhibit 16f.

On June 18, 2002 I met with the Subaru's general manager in his office and told him about the light shining into my/our homes. I asked him to put 4-sided shields on all of his lights to direct the light downward. He said he couldn’t make that decision. This would be up to his people in Florida, referring to the executives and the CEO at Autonation, Inc., in Ft. Lauderdale. Also, the test drives/traffic problem was mentioned at the same meeting. (Court Transcript Vol. 5: page 169, lines 4-19)

Elway Subaru test drive. Our neighborhood was told there wouldn't be any. (You can't trust corporate executives, and their agents to keep their word.) Dead landscaping ordinance violation. (Click on photo for larger image.)

On July 30, 2002, I was told the general manager had notified his people (plaintiffs exhibit #7), and that the dead trees/landscaping had been mentioned to the Autonation, Inc. agent. (Court Transcript Vol. 5: page 171 lines 7-25; page 172, all; page 173 lines 1, 2, & 3.)

Taken May 2003. Dead pine trees not replaced by required time. Violation of the Landscape Ordinance 18.40.140 paragraph 4. They're still not replaced as of 06/01/07. Also, test drives continue through our residential streets after we were told this wouldn't happen. We were concerned for the safety of kids riding bikes and people on horseback, etc. (Click on photo for larger image.)

In August of 2002, the City hired a lighting design consulting engineer to come to my neighborhood and take “measurements” of the light in foot candles (f.c.), and to take pictures and to write a report with the findings, conclusions and suggestions. (plaintiffs exhibit #8). The report said that the light levels measured exceeded the maximum levels that are recommended to prevent serious light trespass. It also concluded that the Subaru dealership was in violation of the lighting ordinance for the City of Golden, and shields that completely surrounded the light fixture should be used. An email that was sent the same day (plaintiff exhibit #23) stated that the lights should be shielded completely.