cannabisnews.com: Weedstock Case Goes Up in Smoke





Weedstock Case Goes Up in Smoke
Posted by FoM on December 05, 2001 at 11:59:02 PT
By Brian Bridgeford
Source: Baraboo News Republic
A judge has ordered Weedstock marijuana festival organizer Ben Masel to obey the Sauk County ordinance governing large assemblies, but Masel's attorney said he would recommend appealing the decision.In an order filed Tuesday, Columbia County Circuit Court Judge Daniel S. George ruled the Open Air Assembly Ordinance is a constitutional regulation of time, place and manner of speech. 
The judge was assigned to rule on a county injunction against Weedstock 2000 after Sauk County judges decided they could not rule on a case brought by members of the Sauk County Board of Supervisors and Sheriff Randy Stammen against Masel and co-defendant Marcus Gumz.Sauk County officials cited the ordinance when they ordered Masel, of Madison, and participants at his annual festival of music and marijuana advocacy to leave a field on County Highway U east of Baraboo. The land is owned by corporations controlled by Gumz, of Endeavor.Masel had organized the event after refusing to obtain the required permit. The pot legalization advocate argued requirements in the ordinance were too burdensome on his constitutional rights of free speech and expression.On Friday, May 26, 2000, Sheriff Stammen assembled a large force of deputies and police officers from Sauk and Columbia counties at the entrance to the Weedstock grounds after ordering participants to leave the grounds. Most left peacefully, however a small group attempted to nonviolently resist the order.Officers dressed in body armor moved onto the grounds and about 11 Weedstock participants were arrested on charges such as contempt of the court order, resisting an officer or drug possession.If it is not challenged in a higher court, George's ruling will be the culmination of more than a year of exchanges of legal arguments. In his brief, two-page order he adopts the county's arguments as the basis for his ruling that: The Sauk County ordinance is "constitutional and legally enforceable in all respects." Masel and Gumz are permanently ordered not to hold the Weedstock Assembly on the Gumz farm property in Sauk County unless they have complied with the ordinance.Masel's attorney, Jeff Scott Olson of Madison, said he will advise his client to appeal the decision. The judge's adoption of the county's arguments as the basis for his ruling is also unusual. "Normally, they would at least discuss the arguments of the parties," he said.Sauk County Corporation Counsel Todd Liebman said Tuesday he was pleased the judge ruled in favor of the Sauk County law. He did not find George's ruling particularly unusual."I'm pleased and believe that the judge reached the correct result," he said.Sauk County has two ongoing civil suits asking a court to order Masel and Gumz forfeit up to $10,000 per day for the 12 days they were involved in promoting Weedstock 2000 without having a permit. Liebman said the county continues to pursue those cases. He also understands Masel and his lawyer might appeal the case, but expects to win in the end."We have no control over what the defendants choose to do," said Liebman. "It's certainly their right under Wisconsin law."We've thought all along that we acted properly and correctly, and that the ordinance was certainly constitutional."Olson said the county's success in its suit for money from Masel and Gumz will depend on the outcome of any appeal. "We expect to have to go to the Court of Appeals in complicated, constitutional cases like this, and we don't mind going there at all."Source: Baraboo News Republic (WI)Author: Brian BridgefordPublished: December 5, 2001Copyright: 2001 Independent Media Group, Inc.Contact: bnreditor scwn.comWebsite: http://baraboo.scwn.com/Related Article & Web Site:Weed Stockhttp://weedstock.com Masel Seeks Street Permit To Air Ideas http://cannabisnews.com/news/thread10041.shtml
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Comment #1 posted by i420 on December 10, 2001 at 04:49:23 PT
Sic em ....
Ya right can these people even read a constitution.... give us back our right to ASSEMBLE 
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