3 RIVERS OFFICIALS WON'T BAR ACTIVISTS

Federal Judge Puts Off Ruling Whether Festival's Policy Infringes On
Group's Free Speech Rights

Officials with the 3 Rivers Music Festival told a federal judge Friday that
they would not kick out activists who stroll the festival distributing
fliers this weekend, despite a written policy prohibiting the practice.

With that commitment, Judge Cameron Currie put off a ruling on whether 3
Rivers' policy infringed on the free speech rights of a group that
advocates legalizing marijuana.

But she admonished festival officials that the policy, as drafted, probably
was unconstitutional.

The Midlands Chapter of the National Organization for the Reform of
Marijuana Laws had sued 3 Rivers and Columbia city officials over a policy,
which is new this year, that prohibits nonprofit groups from leaving their
assigned booths to distribute materials.

The only ruling Currie made Friday was to deny NORML's request for a
temporary restraining order against enforcing the policy, saying the group
was not at risk of suffering irreparable harm this weekend. That's because
3 Rivers officials said the punishment for violating the policy probably
would be a denial of future requests to appear at the festival.

That gives both sides another year to work out their differences or return
to court for a lengthier hearing.

Currie did not rule on whether the 3 Rivers policy is constitutional, but
she said it probably is not.

"Unless you adopt a policy that applies to all organizations, not just
not-for-profits, I do not think this is going to withstand constitutional
scrutiny," Currie said. "If you do it, you have to do it for everybody, and
it has to be content-neutral."

Fred Monk, chairman of the 3 Rivers board, said festival officials would
redraft a policy that applies to all groups.

But Henry Koch, NORML chapter president, said his group would protest any
policy that confines organizations to a booth.

NORML argues that laws against marijuana are based on faulty information
about the drug's effects, Koch said. The group's fliers solicit support for
changing the laws. He insists NORML doesn't distribute drugs or drug
paraphernalia nor advocate breaking the law.

As a result of the hearing, Koch said, members would be out in force at the
festival this weekend, passing out materials.

Last year, he said, NORML passed out about 6,000 fliers.

Festival officials originally had turned down the group's request for a
booth this year. However, after ACLU officials cried foul, 3 Rivers
relented, but drafted the policy requiring nonprofit groups to stay in
their booths.