cannabisnews.com: Hempfest Claims Win Against City





Hempfest Claims Win Against City
Posted by FoM on October 28, 2000 at 14:35:43 PT
By Tim Lockette, Sun Staff Writer 
Source: Gainesville Sun
The organizer of Gainesville's annual marijuana legalization festival says his group won a "major victory" this week when a federal appeals court struck down two city ordinances aimed at regulating public gatherings. "I think the city tried to use a scorched-earth policy to prevent one group from holding an event," Kevin Aplin, president of the Florida Cannabis Action Network, also known as CAN, said Friday. Since 1989, CAN has sponsored Hempfest in Gainesville. 
In 1995, the city denied the group two of the three permits it needed to hold the event. In addition to a standard event permit, the city required all event organizers to obtain permits to set up sound equipment and to close streets that would be occupied during an event. The 1995 Hempfest went on as planned, after CAN filed suit against the city and was granted an injunction. The suit argued that the street closing and sound ordinances were unconstitutional. The city amended the ordinances before the case was concluded. A district court struck down the original ordinances, but found that the amended ones were constitutional. Aplin appealed that decision. On Tuesday, the 11th Circuit Court of Appeal in Atlanta ruled that both ordinances are unconstitutional prior restraints on free speech. In a brief opinion on both ordinances, the court stated that the sound ordinance was unconstitutional because it allowed the city to deny an event organizer permission to set up sound equipment. Ordinances regulating the volume of sound equipment have traditionally been upheld, the opinion noted, though ordinances allowing a city to ban sound equipment outright have been overturned. The opinion stated that under the street closing ordinance, permit applicants were not allowed "prompt judicial review" when permits are denied. Ongoing legal action between the city and CAN hasn't stopped the group from holding an event each year - though the controversy over the street closing ordinance came to a head last year. CAN threatened to file another suit in October 1999 when city officials required the group to obtain written permission from local merchants when applying for a street-closing permit. The city granted the permit the day the group was scheduled to file suit. This year's Hempfest is scheduled for Dec. 3, according to Aplin. City officials could not be reached for comment Friday. Tim Lockette can be reached at 374-5088 or lockett gville.sunSource: Gainesville Sun, The (FL)Author: Tim LockettePublished: Saturday, October 28, 2000Copyright: 2000 The Gainesville SunAddress: P.O. Box 147147 Gainesville, FL 32614-7147Fax: (352) 338-3128Contact: voice sunone.comWebsite: http://www.sunone.com/Forum: http://www.sunone.com/interactive.shtmlRelated Articles & Web Site:Florida Cannabis Action Networkhttp://www.jug-or-not.com/can/index.html Cannabis Group Seeks Injunction http://cannabisnews.com/news/thread5843.shtmlHempfest Can Be Held, but Permit Issue Murkyhttp://cannabisnews.com/news/6/thread6067.shtml
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Comment #2 posted by MikeEEEEE on October 28, 2000 at 16:00:15 PT
America?
In my home town I seen an article where a public servant wants to put bad parents in jail for a year. This is saving the children taken to an extreme. I hope people wake up to this very soon, the saving the children idea will create less freedom for the poor little children later.
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Comment #1 posted by Thomas on October 28, 2000 at 14:44:37 PT
Why?
Why is it that so many "public servants" can't seem to allow freedom to exist in their midst. I have a theory. People that seek power are generally insecure. The more insecure, the more power they desire. When people challenge their power, or even their beliefs, they fight back with everything they have, undemocratic, illegal, or otherwise. It never ceases to amaze me every time I hear about the backgrounds of the people in office. The lists of crimes committed by people holding public office is always particularly entertaining or depressing, depending what mood I'm in.
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