TEHAMA BOARD OKs UPDATE OF FESTIVAL LAW

RED BLUFF -- With barely a whiff in the air of a planned marijuana
celebration, Tehama County supervisors Tuesday approved an update of a
40-year-old law originally designed to regulate free outdoor rock festivals.

The board adopted the amended law as an "urgency" ordinance, meaning
Tuesday's unanimous vote makes it effective immediately. County
Counsel Arthur Wylene has said marijuana patient and grower Donna
Will's application to hold a marijuana-themed event on her 46 acres
south of Red Bluff on Memorial Day weekend affected the timing of the
update, but not its intent.

Her pending application calls for an estimated crowd of 1,800 at the
alcohol-free, three-day World Hemp Expo Extravaganja. WHEE 2010, as
it's called, will feature live bands, vendors, a marijuana film
festival and a world peace prayer circle.

In addressing the board, Planning Director George Robson said the
original 1970 law "was probably a reaction to the Woodstock era." And
several elements "don't track" in 2010, he said, including its
constitutionality.

The update applies to events drawing at least 500 people, Robson told
the board. In addition, it distinguishes between "expressive" and
"non-expressive" activities, requiring applicants in the first group
to apply for a permit at least three days in advance and 90 days ahead
for those in the second.

Expressive activity, as defined in the new law, refers to events whose
purpose is to voice "opinions, views or ideas which are protected by
the First Amendment."

In response to a question by Supervisor Charlie Willard, Robson said
the notion of expressive acts is "fairly broad."

"If you can convince us it's a free-speech-type event, then three days
would apply," he said.

With Tuesday's vote, Robson's department becomes the permitting
authority, while the original law required applicants to make their
case before the board. He never referred to the hemp fest
specifically, nor did the board, but he acknowledged he had a pending
application that would fall under the new rules.

There was no discussion during Tuesday's meeting of how those rules
might affect Will's proposal.

But one member of the public was more direct.

"I do feel strongly against the hemp festival," said Kathy Nelson,
adding she objected to "illegal acts" the event could bring.

Supervisor Charlie Willard explained the regulations were applied
broadly.

"This is all festivals," he said. "It's not targeting
anyone."

Because they have their own regulations, events at the Tehama District
Fair grounds and those put on by schools and government agencies are
exempt.

Robson stressed the regulations prohibit illegal activity, and if that
rule isn't followed, "then the sheriff has the right to shut the
festival down immediately." In addition, applicants must submit plans
for traffic control, parking, security and toilet facilities.

Supervisor Bob Williams inquired about the "turnaround" for permit
applications. Three to four days for his department's review, Robson
replied, followed by several more weeks to circulate among other
agencies affected.

"I don't see any more than a month," he said. Also helping draft the
update were Sheriff Clay Parker, Environmental Health Director Tim
Potanovic and Public Works Director Gary Antone.