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.