Utah County defends raid

Rave party breakup linked to drug use, poor lighting, first-aid dearth

Published: Friday, Sept. 16 2005 12:00 a.m. MDT

OREM — Drug use, poor lighting and a lack of first aid stations provided sufficient grounds for Utah County law enforcement officers to break up a concert gathering in Spanish Fork Canyon, according to a Thursday federal court filing by attorneys representing Utah County.

The filing is a response to a federal civil rights suit by the concert promoters who say the raid was unjustified and that all necessary permits for the event had been obtained.

While the group did obtain a health department permit, the county maintains promoters failed to secure a mass gathering permit.

Thursday's response maintains that state administrative law supports the Utah County ordinance that requires mass gathering permits, according to documents prepared by Stirba & Associates, the firm representing Utah County in the case.

The Utah County ordinance is being challenged by recording company UPROCK and other people associated with the July 16 and Aug. 20 events. They filed suit Sept. 2 in federal court.

The plaintiffs did not return messages from the Deseret Morning News on Thursday seeking response to the county filing.

Thursday's filing states that the July 16 event was broken up because neither the promoter nor the property owner had obtained the necessary permits. It also says the Aug. 20 event was broken up based on allegations of health code and criminal violations.

The filing disputes claims by the plaintiffs that the Utah County sheriff's officers were "battle ready" with dogs and rifles.

Officers did not know whether they were going to encounter people who were armed or were under the influence of drugs, according to the documents. Officers spent more than 1 1/2 hours clearing the area, the documents state.

Four undercover narcotics officers purchased drugs, including Ecstasy, from attendees at the Aug. 20 event prior to the police action, court documents state.

Emergency medical technicians called authorities during the Aug. 20 event because they feared people attending faced the possibility of cardiac arrest or drug overdose. "Numerous partygoers were generally unresponsive and lethargic," court documents state.

The EMTs believed people were using Ecstasy based on symptoms that "included dilated pupils, slowed speech, staggered walking, (being) underdress(ed), and general fatigue or lying on the ground," court documents state.

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