Salt Lake Tribune: Promoter sues over canyon rave raid (fwd)

[David Farber <dave () farber net>]

Begin forwarded message:

From: Steve Corbato <corbato () alumni rice edu>
Date: September 4, 2005 3:09:25 PM EDT
To: David Farber <dave () farber net>
Cc: Steve Corbato <corbato () alumni rice edu>
Subject: Salt Lake Tribune: Promoter sues over canyon rave raid (fwd)


Dave,
   For IP ... perhaps this thread has been overtaken by Katrina, but  
the
inevitable aftermath of the paramilitary overresponse to the recent rave
in Utah County has commenced.
        -Steve

---------- Forwarded message ----------

                      Promoter sues over canyon rave raid

90 officers: The lawsuit claims the sheriff exceeded his authority; it
wants the law clarified and restraints added
By Michael N. Westley
The Salt Lake Tribune
Salt Lake Tribune

The promoters of a rave held in Spanish Fork Canyon that was busted by
Utah County sheriff's deputies filed a civil lawsuit Friday, claiming  
the
sheriff misinterpreted the law and used unnecessary force to break up  
the
party.
   The suit, filed in U.S. District Court, seeks a review of Utah
County's mass-gathering ordinance and a court order prohibiting the
sheriff from terminating an event based upon his estimation of how long
the event will operate.
   Named in the suit are Sheriff James Tracy, Lt. Grant Ferre, County
Attorney Kay Bryson, Commissioners Jerry Grover, Steve White and Larry
Ellertson and Utah County.
   Police and promoters say that more than 1,000 people were in
attendance when about 90 officers from multiple agencies stormed the
party in full riot gear around 11:30 p.m. on Aug. 20. With the aid of a
helicopter, dogs and machine guns, police cited 60 people on a  
variety of
charges, including resisting arrest, illegal alcohol consumption and
possession of a controlled substance.
    Detention records show that about 30 of those cited were booked  
into
the Utah County Jail early on Aug. 21. Many of those arrested say they
were injured by police as they were thrown to the ground and handcuffed.
   Tracy claims the rave was not properly permitted. He also claimed  
that
undercover officers planted inside the party witnessed a number of
illegal activities, including drug deals before the party was busted.
   But Brian Barnard, attorney for the promoters - Uprock, Inc., and  
the
Childs Family Trust, which owns the land where the party was held - said
the sheriff improperly applied the mass-gathering ordinance and had no
statutory authority to shut the concert down based on the drug deals.
   The ordinance in question provides a mass-gathering permit be  
granted
by the County Commission for "an actual or reasonably anticipated
assembly of [250] or more people which continues or can reasonably be
expected to continue for twelve (12) or more consecutive hours."
   But Tracy shut down two parties this summer, one on July 16 and the
Aug. 20 event, based on his prediction that the events would exceed the
12-hour time limit and, therefore, would require the permit,  
according to
the suit.
   "The ordinance is unconstitutionally vague in that it does not give
notice to law enforcement officers as to the conduct which constitutes a
crime. The vaguely worded ordinance allows for arbitrary and capricious
application of the ordinance by law enforcement officers," reads the
suit.
   Promotor Brandon Fullmer said he was aware of the need for the  
permit
but did not expect the party to exceed the time limit. DJ bookings and
contracts for concessions support his claim, according to the suit.
Fullmer applied and received a mass-gathering permit for the party
through the county's health department about a month before the show.  
The
health department permit requires the promoters to show they intend to
provide adequate sanitation, toilet facilities and water for the event.
    At no time during that process or following the issuance of the
health department permit did anyone from either the county or the
sheriff's office notify Uprock that an additional permit - which  
provides
a safety plan, event details and requires approval from the county
commission - would be needed, Barnard said.
   "Why didn't he just go to them and say, 'Hey, if in fact he staged
this, you guys need to go get this permit,' '' he said.
   Bryson said the sheriff was on solid ground in assuming the party
would last more than 12 hours, having witnessed at least one other
similar party this summer sail past the 12-hour mark with more than  
2,000
in attendance. He said the raves present a public safety issue.
   "These aren't just concerts. They are activities that have at least,
if not the primary purpose, a purpose to use and distribute drugs,"
Bryson said, declining to comment further on the lawsuit.
   Barnard said there is no law that allows officers to stop a concert
because a few individuals in the audience may commit crimes.
   "For the sheriff to say there were drug transactions and that's  
why we
sent in the troopers is hogwash. This was an organized attack with the
intent to scare the hell out of the kids, which they did."
    mwestley () sltrib com



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