Pubdate: Sat, 26 Jul 2003 Source: Post-Crescent, The (Appleton, WI) Copyright: 2003 The Post-Crescent Contact: http://www.wisinfo.com/postcrescent/ Details: http://www.mapinc.org/media/1443 Author: Associated Press SNUFFED-OUT 'WEEDSTOCK' WINS ROUND IN COURT Marijuana rally was subject to unconstitutional permit process MADISON -- Portions of a Sauk County ordinance governing permits for large gatherings violate the First Amendment, a state appeals court ruled in a case involving a pro-marijuana rally police shut down in May 2000. The ordinance requires large groups to apply for a permit 60 days before an event that is to last more than 18 hours. The county has 45 days to decide whether to grant a permit. The 4th District Court of Appeals found both the 60-day requirement and the 45-day processing time unconstitutional Thursday. It also overturned a prohibition against advertising, promoting and selling tickets before a license is issued. "The advertising and promotion prohibition is a complete prohibition on speech," the appeals court said. Weedstock organizer Ben Masel argued the ordinance allows officials to reject a permit application for subjective reasons. Masel said the appeals court's decision "does invite the ordinance to be redrafted in ways that, while they would satisfy the process, could still be an inappropriate burden." The appeals court upheld regulations in the ordinance concerning fence and boundary markers, lighting, security guards, sound and numbers of people. Weedstock organizers refused to obtain permission from Sauk County for the festival in Fairfield Township. Masel argued the ordinance hindered his constitutional rights of free speech and expression and went ahead with the festival. Sheriff's deputies ended the event May 26, 2000, because organizers failed to get the permit. Eleven participants were arrested on contempt of court or resisting arrest charges after refusing to leave the festival site voluntarily. Columbia County Circuit Judge Daniel George ruled in favor of Sauk County in January 2002, and Masel appealed, arguing the ordinance was an unconstitutional infringement on the legalization advocates' right to assemble. County officials changed the ordinance just before Weedstock was to take place to make it apply to gatherings of 1,000 or more, rather than 5,000 or more. Sauk County Board Chairman Paul Endres did not immediately return a message The Associated Press left Friday at his office. - --- MAP posted-by: Josh