Pubdate: Tue, 27 Sep 2005
Source: Salt Lake Tribune (UT)
Copyright: 2005 The Salt Lake Tribune
Contact:  http://www.sltrib.com/
Details: http://www.mapinc.org/media/383
Author: Michael N. Westley, The Salt Lake Tribune

ACLU SAYS IT WILL JOIN LAWSUIT OVER RAVE BUST IN UTAH COUNTY

The American Civil Liberties Union announced Monday that it would 
join in the lawsuit filed against the Utah County Sheriff by a Salt 
Lake City-based rave promoter whose party was busted on Aug. 20.

The ACLU's Margaret Plane said the sheriff's decision to raid the 
event with 90 officers, automatic weapons, dogs and a helicopter 
raises concerns about the First Amendment rights of those in attendance.

Law enforcement has singled out the often clandestine, DJ-driven 
dance parties as events with the singular intent of distributing and 
using illegal narcotics. Plane said that view is a generalization 
that is not fair to those who attend the shows with no intent of 
breaking the law.

"Raves are a legitimate form of artistic and cultural expression," 
Plane said. "It looks like this is the targeting of a specific culture."

"The association with raves and club drugs and the approach [the 
sheriff has taken] is tantamount to shutting down a Rolling Stones 
concert based on the fact that some concertgoers might be using 
illegal drugs," said Plane.

Sixty people were cited and about 30 of those were booked into the 
Utah County Jail on drug, alcohol and resisting arrest charges after 
officers cleared the party. The rave's promoter, Brandon Fullmer, 
filed a request for a temporary restraining order in federal court in 
hopes he could continue to do business in Utah County.

But a federal judge ruled Friday that the sheriff was justified in 
shutting down the party because it posed several health risks to 
concert attendees and because the organizer failed to attain the 
proper permit. The request for the restraining order was denied.

Fullmer's attorney Brian Barnard was not surprised by the judge's 
ruling and plans, with the help of the ACLU, to file an amended 
complaint. Utah County's arguments presented in a Sept. 16 hearing 
before U.S. District Judge Dale Kimball were misleading and 
inaccurate, Barnard said.

Utah County "came up with enough information to put up a nice enough 
smokescreen to confuse the judge," Barnard said. "That kind of stuff 
will be corrected with the amended complaint."

Plane said the ACLU has been contacted by several people who were at 
the event who wanted to share their concerns about the sheriff's tactics.
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MAP posted-by: Elizabeth Wehrman