T
The420Guy
Guest
BARABOO -- A judge has ordered Weedstock marijuana festival organizer Ben
Masel to obey the Sauk County ordinance governing large assemblies, but
Masel's attorney said he would recommend appealing the decision.
In an order filed Tuesday, Columbia County Circuit Court Judge Daniel S.
George ruled the Open Air Assembly Ordinance is a constitutional regulation
of time, place and manner of speech. The judge was assigned to rule on a
county injunction against Weedstock 2000 after Sauk County judges decided
they could not rule on a case brought by members of the Sauk County Board
of Supervisors and Sheriff Randy Stammen against Masel and co-defendant
Marcus Gumz.
Sauk County officials cited the ordinance when they ordered Masel, of
Madison, and participants at his annual festival of music and marijuana
advocacy to leave a field on County Highway U east of Baraboo. The land is
owned by corporations controlled by Gumz, of Endeavor.
Masel had organized the event after refusing to obtain the required permit.
The pot legalization advocate argued requirements in the ordinance were too
burdensome on his constitutional rights of free speech and expression.
On Friday, May 26, 2000, Sheriff Stammen assembled a large force of
deputies and police officers from Sauk and Columbia counties at the
entrance to the Weedstock grounds after ordering participants to leave the
grounds. Most left peacefully, however a small group attempted to
nonviolently resist the order.
Officers dressed in body armor moved onto the grounds and about 11
Weedstock participants were arrested on charges such as contempt of the
court order, resisting an officer or drug possession.
If it is not challenged in a higher court, George's ruling will be the
culmination of more than a year of exchanges of legal arguments. In his
brief, two-page order he adopts the county's arguments as the basis for his
ruling that:
Y The Sauk County ordinance is "constitutional and legally enforceable in
all respects."
Y Masel and Gumz are permanently ordered not to hold the Weedstock Assembly
on the Gumz farm property in Sauk County unless they have complied with the
ordinance.
Masel's attorney, Jeff Scott Olson of Madison, said he will advise his
client to appeal the decision. The judge's adoption of the county's
arguments as the basis for his ruling is also unusual. "Normally, they
would at least discuss the arguments of the parties," he said.
Sauk County Corporation Counsel Todd Liebman said Tuesday he was pleased
the judge ruled in favor of the Sauk County law. He did not find George's
ruling particularly unusual.
"I'm pleased and believe that the judge reached the correct result," he said.
Sauk County has two ongoing civil suits asking a court to order Masel and
Gumz forfeit up to $10,000 per day for the 12 days they were involved in
promoting Weedstock 2000 without having a permit. Liebman said the county
continues to pursue those cases.
He also understands Masel and his lawyer might appeal the case, but expects
to win in the end.
"We have no control over what the defendants choose to do," said Liebman.
"It's certainly their right under Wisconsin law.
"We've thought all along that we acted properly and correctly, and that the
ordinance was certainly constitutional."
Olson said the county's success in its suit for money from Masel and Gumz
will depend on the outcome of any appeal. "We expect to have to go to the
Court of Appeals in complicated, constitutional cases like this, and we
don't mind going there at all."
Newshawk: Drug Policy Forum of Wisconsin DrugSense
Author: Brian Bridgeford
Masel to obey the Sauk County ordinance governing large assemblies, but
Masel's attorney said he would recommend appealing the decision.
In an order filed Tuesday, Columbia County Circuit Court Judge Daniel S.
George ruled the Open Air Assembly Ordinance is a constitutional regulation
of time, place and manner of speech. The judge was assigned to rule on a
county injunction against Weedstock 2000 after Sauk County judges decided
they could not rule on a case brought by members of the Sauk County Board
of Supervisors and Sheriff Randy Stammen against Masel and co-defendant
Marcus Gumz.
Sauk County officials cited the ordinance when they ordered Masel, of
Madison, and participants at his annual festival of music and marijuana
advocacy to leave a field on County Highway U east of Baraboo. The land is
owned by corporations controlled by Gumz, of Endeavor.
Masel had organized the event after refusing to obtain the required permit.
The pot legalization advocate argued requirements in the ordinance were too
burdensome on his constitutional rights of free speech and expression.
On Friday, May 26, 2000, Sheriff Stammen assembled a large force of
deputies and police officers from Sauk and Columbia counties at the
entrance to the Weedstock grounds after ordering participants to leave the
grounds. Most left peacefully, however a small group attempted to
nonviolently resist the order.
Officers dressed in body armor moved onto the grounds and about 11
Weedstock participants were arrested on charges such as contempt of the
court order, resisting an officer or drug possession.
If it is not challenged in a higher court, George's ruling will be the
culmination of more than a year of exchanges of legal arguments. In his
brief, two-page order he adopts the county's arguments as the basis for his
ruling that:
Y The Sauk County ordinance is "constitutional and legally enforceable in
all respects."
Y Masel and Gumz are permanently ordered not to hold the Weedstock Assembly
on the Gumz farm property in Sauk County unless they have complied with the
ordinance.
Masel's attorney, Jeff Scott Olson of Madison, said he will advise his
client to appeal the decision. The judge's adoption of the county's
arguments as the basis for his ruling is also unusual. "Normally, they
would at least discuss the arguments of the parties," he said.
Sauk County Corporation Counsel Todd Liebman said Tuesday he was pleased
the judge ruled in favor of the Sauk County law. He did not find George's
ruling particularly unusual.
"I'm pleased and believe that the judge reached the correct result," he said.
Sauk County has two ongoing civil suits asking a court to order Masel and
Gumz forfeit up to $10,000 per day for the 12 days they were involved in
promoting Weedstock 2000 without having a permit. Liebman said the county
continues to pursue those cases.
He also understands Masel and his lawyer might appeal the case, but expects
to win in the end.
"We have no control over what the defendants choose to do," said Liebman.
"It's certainly their right under Wisconsin law.
"We've thought all along that we acted properly and correctly, and that the
ordinance was certainly constitutional."
Olson said the county's success in its suit for money from Masel and Gumz
will depend on the outcome of any appeal. "We expect to have to go to the
Court of Appeals in complicated, constitutional cases like this, and we
don't mind going there at all."
Newshawk: Drug Policy Forum of Wisconsin DrugSense
Author: Brian Bridgeford
