JUDGE BACKS HEMPFEST OVER LAW

Free Speech Violated, Schlesinger Rules

Jacksonville can't enforce a local law requiring organizers to pay for
insurance and police protection at outdoor festivals because it is
unconstitutional, a federal judge has ruled.

The ruling, spurred by a lawsuit filed by promoters of last year's
Hempfest, called the city's permitting process for such events an improper
restriction on the right to freedom of speech.

Until the city fixes the law, which means including the option to appeal a
denied permit, U.S. District Judge Harvey Schlesinger ruled it can't be
enforced.

"The permitting scheme ... is a classic example of a prior restraint,"
Schlesinger said in his March 8 ruling. He also said it is unconstitutional
to disqualify permit requests because of a promoter's criminal drug record,
as called for in the current law.

Even though the city can't enforce its law, a previous executive order from
Mayor John Delaney already required security at large events, and city risk
management rules require insurance by event promoters, Jacksonville
officials said. So the city is protected from those costs, they said, and
no pending events have been stopped by the ruling, although a permit
application for this year's Hempfest is treading water.

WJCT's Spring Fest, which is going on at Alltel Stadium, already had hired
security and acquired insurance for the event, which began this week.

So the practical effect is city administrators are working to put a new
process in the city code book this spring.

The city General Counsel's Office also is studying whether to appeal the
judge's ruling, and a report is expected to the mayor's staff next week,
said Sharon Ashton, Delaney's press secretary.

The city already had been working on a new law, and the ruling just further
pointed out where improvements were needed, she said.

"It's in everybody's best interests that these events go safely," Ashton said.

The rejected law required festival promoters to provide detailed plans to
the city for events predicted to draw more than 5,000 people.

Last June, the sponsor of Hempfest -- Florida Cannabis Action Network,
which promotes medical uses for marijuana -- alleged the city discriminated
against it by forcing it to pay for an insurance policy and $4,000 in city
services to host the June 17 event at Metropolitan Park.

Schlesinger ruled that the city ordinance puts too much discretion in the
hands of city officials to set pricing and policing of any festival on city
property, and it could be used to discriminate against the applicant. The
law incorrectly provided no appeals process, he found.

"There is no even-handed way to apply these fees. If the person applying
for the permit wants to dispute them, there is no mechanism for them to
respond to why the application is denied," said Kevin Aplin, president of
Florida Cannabis Action Network. "They have to put something in the
ordinance saying whoever has the authority has to answer the applicant
within a few days. And if the permit is denied, there is no provision in
the ordinance for judicial review."

Aplin said the group has been billed about $3,600 for on-site security,
medical assistance and electricity, which it has not paid.

The group has applied for a permit for this year's Hempfest, set for June 2
at Hemming Plaza.

Theresa O'Donnell Price, the city's special events chief, said the permit
request is essentially on hold as the city sorts out its legal path,
although the date is approved.

While attorneys review the ruling, Price said a new ordinance should be
introduced to the City Council within six weeks.

It would create an appeals process for applicants if the city rejects their
requests, meeting the judge's ruling, Price said.