News (Media Awareness Project) - US OR: Barter Fair Organizers Case Against County Comes To |
Title: | US OR: Barter Fair Organizers Case Against County Comes To |
Published On: | 2003-04-16 |
Source: | Medford Mail Tribune (OR) |
Fetched On: | 2008-01-20 20:00:42 |
BARTER FAIR ORGANIZERS' CASE AGAINST COUNTY COMES TO TRIAL
After nearly seven years of waiting, the Barter Fair is back -- back for
its day in court.
A four-day trial pitting the once-popular counterculture event against
Jackson County officials opened Tuesday in U.S. District Court in Medford,
bringing seven years of legal wrangling to a head. Fair organizers are
seeking $140,000 in damages from the county, which they allege infringed on
their rights of free speech and assembly and discriminated against
fairgoers' way of life.
Organizer Alan Venet says outrageous fees, delays and excessive police
presence all contributed to the demise of the Southern Oregon Barter Fair
in 1996 after an 18-year history in the Applegate Valley. Seeking a money
judgment against the county was his last resort, Venet said. If the fair
had just secured a new site to hold the event with the county's blessing,
they would have dropped the suit, he said, adding that the fair remains
$25,000 in debt.
"It's nice that it's finally here ... maybe we'll get a little win," he said.
Venet and his supporters rejected the county's offer of free use of the
Expo grounds for seven years because the site wasn't appropriate.
The first fair -- held in 1978 -- was a casual get-together at Venet's home
in Williams. An organic seed farmer, Venet gathered with a few friends each
fall to swap fresh fruits and vegetables.
By the time the weekend-long event moved to a 140-acre farm in Ruch,
attendance topped 1,000 and continued to grow. Hippies, New Agers and other
free spirits came for the music, parades and booths peddling vegetarian
fare and arts and crafts.
More than 10,000 people attended the fair in October 1995, thousands of
them camping overnight. Neighbors complained to county officials of noise,
traffic jams, drug use and vandalism.
"It wasn't the summer of love in 1995, it was something else," said Mike
Jewett, attorney for Jackson County.
In response to residents' complaints, county officials acted in a
discriminatory manner with the sole purpose of shutting down the Barter
Fair, argued Venet's attorney Brian Michaels in his opening statement.
Former Sheriff Robert Kennedy, in particular, hated the Barter Fair and
sought to abolish it simply because he did not agree with the values
represented by those in attendance, Michaels said.
"Long hair, Woodstock, Deadheads ... hippies. That's how the plaintiff is
going to be characterized," Michaels said.
As they prepared for their 1996 event, Barter Fair organizers were beset
with $18,000 in county fees and unreasonable delays in the permit process,
Michaels said. Kennedy set an aggressive policing plan in motion, although
organizers said they attempted to work out security problems with the
sheriff and had even hired their own security team, which specialized in
large events.
The fees were reduced to $5,000 after the fair initially took the county to
court. But once fair day arrived, the site was swarming with sheriff's
deputies, according to Venet and his supporters.
Applegate resident Jane Fossen testified that when she saw two van-loads of
deputies descend on the fair in 1996, she feared the officers would start
beating fairgoers. In previous years, four deputies had patroled in the
parking area, and two deputies walked over the site twice each day, Fossen
said.
"We were concerned about confrontations happening," Fossen said. "I
certainly wouldn't have put it past them to come in violently."
The sheriff was just looking out for the residents of Ruch, Jewett argued
in his opening statement. Although the sheriff deployed scores of deputies
in 1996, they roved the site in teams of four, Jewett said.
"That doesn't mean they came in like the Iraqi Red Guard," Jewett said.
History of the Barter Fair
1978 -- Alan Venet hosts the first Barter Fair at his home in rural
Williams; about 150 friends and neighbors attend.
1984 -- Fair held for the first time at Bob Evans' 140-acre leased farm in
the Ruch area; about 1,000 attend.
1986 -- Event continues to grow. County begins to enforce health and safety
codes; about 1,500 attend.
1990 -- Barter Fair incorporates as an "alternative religious" service
organization; attendance breaks 2,000.
1994 -- County demands $5,000 fee under state mass gathering law. Fair
organizers claim indigency. County sues. Attendance nears 7,000.
1995 -- Fair organizers agree to pay $3,600 permit fee; attendance breaks
10,000.
August 1996 -- Barter Fair settles previous lawsuit, agrees to pay 1994 fee.
September 1996 -- Fair organizers file suit in federal court after county
demands fee of more than $18,000. U.S. District Magistrate John P. Cooney
bars county from charging fee and allows fair to hold event.
October 1996 -- Last Barter Fair; 5,500 attend as organizers complain about
heavy police presence.
December 1996 -- Evans farm lease expires.
September 1997 -- Fund-raiser near Harrisburg (15 miles north of Eugene)
draws only 800.
1998 -- No event. Fair has no money and no site.
April 2003 -- After several years of settlement negotiations and delays,
Barter Fair and Jackson County go to trial.
After nearly seven years of waiting, the Barter Fair is back -- back for
its day in court.
A four-day trial pitting the once-popular counterculture event against
Jackson County officials opened Tuesday in U.S. District Court in Medford,
bringing seven years of legal wrangling to a head. Fair organizers are
seeking $140,000 in damages from the county, which they allege infringed on
their rights of free speech and assembly and discriminated against
fairgoers' way of life.
Organizer Alan Venet says outrageous fees, delays and excessive police
presence all contributed to the demise of the Southern Oregon Barter Fair
in 1996 after an 18-year history in the Applegate Valley. Seeking a money
judgment against the county was his last resort, Venet said. If the fair
had just secured a new site to hold the event with the county's blessing,
they would have dropped the suit, he said, adding that the fair remains
$25,000 in debt.
"It's nice that it's finally here ... maybe we'll get a little win," he said.
Venet and his supporters rejected the county's offer of free use of the
Expo grounds for seven years because the site wasn't appropriate.
The first fair -- held in 1978 -- was a casual get-together at Venet's home
in Williams. An organic seed farmer, Venet gathered with a few friends each
fall to swap fresh fruits and vegetables.
By the time the weekend-long event moved to a 140-acre farm in Ruch,
attendance topped 1,000 and continued to grow. Hippies, New Agers and other
free spirits came for the music, parades and booths peddling vegetarian
fare and arts and crafts.
More than 10,000 people attended the fair in October 1995, thousands of
them camping overnight. Neighbors complained to county officials of noise,
traffic jams, drug use and vandalism.
"It wasn't the summer of love in 1995, it was something else," said Mike
Jewett, attorney for Jackson County.
In response to residents' complaints, county officials acted in a
discriminatory manner with the sole purpose of shutting down the Barter
Fair, argued Venet's attorney Brian Michaels in his opening statement.
Former Sheriff Robert Kennedy, in particular, hated the Barter Fair and
sought to abolish it simply because he did not agree with the values
represented by those in attendance, Michaels said.
"Long hair, Woodstock, Deadheads ... hippies. That's how the plaintiff is
going to be characterized," Michaels said.
As they prepared for their 1996 event, Barter Fair organizers were beset
with $18,000 in county fees and unreasonable delays in the permit process,
Michaels said. Kennedy set an aggressive policing plan in motion, although
organizers said they attempted to work out security problems with the
sheriff and had even hired their own security team, which specialized in
large events.
The fees were reduced to $5,000 after the fair initially took the county to
court. But once fair day arrived, the site was swarming with sheriff's
deputies, according to Venet and his supporters.
Applegate resident Jane Fossen testified that when she saw two van-loads of
deputies descend on the fair in 1996, she feared the officers would start
beating fairgoers. In previous years, four deputies had patroled in the
parking area, and two deputies walked over the site twice each day, Fossen
said.
"We were concerned about confrontations happening," Fossen said. "I
certainly wouldn't have put it past them to come in violently."
The sheriff was just looking out for the residents of Ruch, Jewett argued
in his opening statement. Although the sheriff deployed scores of deputies
in 1996, they roved the site in teams of four, Jewett said.
"That doesn't mean they came in like the Iraqi Red Guard," Jewett said.
History of the Barter Fair
1978 -- Alan Venet hosts the first Barter Fair at his home in rural
Williams; about 150 friends and neighbors attend.
1984 -- Fair held for the first time at Bob Evans' 140-acre leased farm in
the Ruch area; about 1,000 attend.
1986 -- Event continues to grow. County begins to enforce health and safety
codes; about 1,500 attend.
1990 -- Barter Fair incorporates as an "alternative religious" service
organization; attendance breaks 2,000.
1994 -- County demands $5,000 fee under state mass gathering law. Fair
organizers claim indigency. County sues. Attendance nears 7,000.
1995 -- Fair organizers agree to pay $3,600 permit fee; attendance breaks
10,000.
August 1996 -- Barter Fair settles previous lawsuit, agrees to pay 1994 fee.
September 1996 -- Fair organizers file suit in federal court after county
demands fee of more than $18,000. U.S. District Magistrate John P. Cooney
bars county from charging fee and allows fair to hold event.
October 1996 -- Last Barter Fair; 5,500 attend as organizers complain about
heavy police presence.
December 1996 -- Evans farm lease expires.
September 1997 -- Fund-raiser near Harrisburg (15 miles north of Eugene)
draws only 800.
1998 -- No event. Fair has no money and no site.
April 2003 -- After several years of settlement negotiations and delays,
Barter Fair and Jackson County go to trial.
Member Comments |
No member comments available...