Waymo is appealing a judge’s issuance this week of a preliminary injunction sought by the city of Santa Monica preventing overnight operations at the two Waymo LLC Broadway recharging stations, finding they are public nuisances.
“While the evidence shows that the parties have attempted to mitigate the noise, lights and traffic, it does not show that those efforts have been sufficiently successful to eliminate the public nuisance that is created,” Santa Monica Superior Court Judge Bradley S. Phillips wrote in his decision handed down Monday.
The judge said Waymo is prevented, pending trial, from operating the Broadway Lots between the hours of 11 p.m. and 6 a.m. On Thursday, Waymo attorneys filed a notice of appeal in Superior Court. However, the appeal will eventually be heard by a three-justice panel of the Second District Court of Appeal.
According to the city’s court papers, residents were disturbed by Waymo lot workers talking in the middle of the night as well as the sounds of the Waymo vehicles, which the city contends “echo off buildings along the alleys like a canyon.”
Repeated requests from the city to Waymo to abate the problems were rejected, the city alleged.
In its own lawsuit filed against the city, Waymo denies a public nuisance existed and contended the company hired more staff, implemented software updates to reduce noise levels and frequencies, installed light and noise barriers and modified “vehicle behaviors” in the area.
Waymo also contended the nuisance was actually created by local residents’ interference with the company’s operations during the relevant hours.