Bilbao Resident Takes Noise Pollution Fight to Criminal Court

An Arenal resident seeks to bring municipal officials to justice after seven years of complaints about acoustic contamination.

Generic image of a sound level meter, representing the urban noise problem.
IA

Generic image of a sound level meter, representing the urban noise problem.

A resident of Bilbao's Arenal area, Alejandro, has escalated his seven-year battle against noise pollution to the criminal courts, aiming to hold municipal officials accountable for the excessive urban noise.

Living in a city center can become a health hazard, as experienced by Alejandro, a resident of Bilbao's Arenal area. For the past seven years, he has reported noise levels that, according to his own measurements, significantly exceed legal limits. Tired of the constant events, concerts, and street musicians outside his home, he has taken his complaint beyond mere grievances, pursuing a criminal case for alleged acoustic contamination. This battle raises a fundamental debate: the balance between a city's cultural life and the right to rest.

"Authorities must comply with and enforce the law. If one does not want to comply with the law, they should not approve it, but once approved, it must be complied with."

Alejandro · Bilbao Resident
Although there are associations and other residents facing similar issues, Alejandro has undertaken this fight alone. He attributes this to what he perceives as society's “pusillanimity” and the “fear that always arises when authority intervenes.” He believes there is “insufficient social awareness” and a lack of willingness to “fight for our rights,” coupled with “fear of authority.”
When asked why he doesn't move, his answer is firm: he has lived in the same home for 58 years, since a time when loudspeakers “were a rare thing.” However, his primary argument is legal. He invokes Article 18.1 of the Constitution, concerning the inviolability of the home, to defend his stance: “I have the right to remain and live peacefully in my home.”
The decision to pursue criminal charges was not sudden. For years, he contacted the Bilbao City Council “hundreds of thousands of times,” where he claims they “laugh at you, mock you, dismiss you, despise you, don't answer you, to continue the perpetration of the illicit act.” He also appealed for over two years to the Ombudsman in Madrid, an institution that informed the mayor that he was “violating the fundamental rights of residents.” Additionally, he filed a complaint with the European Parliament's Committee on Petitions.

"I have the right to live peacefully in my home."

Alejandro · Bilbao Resident
The criminal route was his last resort to prevent, as he explains, “anyone from paying with our taxes for the excesses of our authorities.” His goal is for political leaders to face the consequences. “My aspiration is to reach the true culprits, who are the politicians who have designed and are implementing this festive policy against all odds,” he states.
The complaint, filed in July 2024, is based on an overwhelming amount of evidence. Initially, he provided 1,500 measurements, adding another 1,500 in the appeal to the Provincial Court, and continues to collect data. The judicial process is in the investigation phase, and the first individuals under investigation have been summoned to testify in May of this year.
Alejandro also alleges foul play by the authorities. He directly accuses the Mobility and Sustainability Department of tampering with public sound level meters to conceal excessive noise. “If you look at GeoBilbao, which is an application, they are all under maintenance,” he asserts, listing several out-of-service meters in the Arenal area. For him, the only valid and objective criterion is the law: “let them have all the parties they want, but respecting the decibels.”