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News (Media Awareness Project) - US ME: Starks Receives Application From Hempstock Planner
Title:US ME: Starks Receives Application From Hempstock Planner
Published On:2002-07-01
Source:Morning Sentinel (ME)
Fetched On:2008-01-23 03:00:43
STARKS RECEIVES APPLICATION FROM HEMPSTOCK PLANNER

STARKS - Donald Christen, the founder of the Maine Vocals, signed and
delivered his application for a mass-gathering permit for Hempstock to the
town of Starks Thursday, getting it in just under the wire of the required
45-day filing deadline.

Hempstock is set to be held Aug. 15-18.

If the application is denied, Christen has a tentative deal with a
landowner to move the event to Farmington. Christen, the founder of the
marijuana legalization group Maine Vocals, did not deny the site is off of
Savage Road near Clearwater Lake on the Industry town line.

Christen said he has already submitted a state mass gathering permit
application for the Farmington site to the Maine Department of Human Services.

Farmington is in the process of drafting its own mass gathering ordinance
that would be required for events with continued attendance of 750 or more
people for six or more hours. Large events sanctioned by nonprofit groups,
such as Farmington Fair and the American Lung Association's Bike Trek
Across Maine, would be exempt

A public hearing is set for 6:30 p.m. July 9 at the Farmington Municipal
Building and a special town meeting will be held at the end of July.

The Farmington ordinance, modeled after Starks' ordinance, requires a
permit be submitted no less than 45 days prior to an event, effectively
blocking Hempstock from being held there in August.

Christen said the Starks application was so complex he needed an attorney
to help fill it out.

"I don't know how they think they have the right to put someone through so
much trouble to get a simple permit to gather when it is a right permitted
under the U.S. Constitution," Christen said.

Assistant District Attorney for Somerset County Everett Fowle said Friday
the issue is not ideological: "This is not a question of anyone being
against concerts or people's right to express themselves . . . Our concern,
first and foremost, is the right of the citizens of Starks to have a good
night's sleep."

"This is a lawful ordinance . . . and Mr. Christen does not have a
constitutional right to keep people up all night. There is also the right
to life, liberty and the pursuit of happiness that is adversely implicated
when loud music goes well past midnight," Fowle said.

The Vocals historically carry out their operations "without any
consideration of the residents of the area," he said.

Christen said the music is not unreasonably loud and he turns the volume
down when anyone complains.

Starks officials have said their ordinance amounts to common sense health
and safety measures and that it was enacted because the yearly festivals
that attract thousands threaten to collapse the town's infrastructure.

Last year, after the Vocals held a major festival in Starks without a
permit, the town brought a lawsuit against Christen and the Vocals. In
response, Christen charged the town was harassing him and that the
ordinance was unreasonable and unconstitutional. In April, Somerset County
Superior Court Justice S. Kirk Studstrup ruled Christen had to obey it
since the threat to public safety of an unregulated gathering outweighs any
injury the defendant might suffer.

He said if the ordinance was challenged in court, the town would likely
prevail.

The attorney for the town of Starks, Kenneth Lexier of Skowhegan, and
Starks Selectwoman Cynthia Kimble were unavailable for comment.

Christen said his events are a source of tourism dollars. They arrive with
tents and recreational vehicles and spend money at area gas stations,
restaurants and convenience stores.

"Some people plan their vacations around my concerts and that is very
heartwarming. There aren't many festivals where people can come and camp
and have a good time, listen to music and not be bothered," he said.

He said he plans on holding a two outdoor concerts in Norridgewock this
summer, a rock and blues festival July 19-21 and a concert featuring the
rock band Jackyl Sept. 6-8.

"It's not a bad idea to keep people here in vacationland," Christen said.
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