Concert promoters want sheriff reined in

Concert promoters who say officers illegally raided and closed down two dance-and-music events must wait a week to find out if a judge will grant their request for a temporary restraining order against the Utah County sheriff.

In U.S. District Court Friday, Brian Barnard, the attorney representing the event promoters, asked Judge Dale Kimball to approve the request for the order, which would prohibit Sheriff James Tracy from shutting down similar parties in the future.

Barnard argued that Tracy and other officials illegally raided two DJ music concerts on private land in Spanish Fork Canyon. He told the judge that the officers came into the July 16 and Aug. 20 events like "storm troopers."

County officials said they entered the event because party organizers did not obtain a county-issued permit for large public gatherings. Such a permit is required for any "reasonably anticipated assembly of 250 or more people which continues or can reasonably be expected to continue for 12 or more consecutive hours," according to Utah County code.

County officials also later cited illegal drug sale and use, improper security procedures and noncompliance with Utah County health-permit requirements, according to documents filed Thursday by the attorney for the county in federal court.

However, Barnard's argument focused on this question: Who had the right to "reasonably anticipate" whether an event would take 12 or more hours?

Barnard said his clients — Brandon Fullmer with Uprock Inc. and Nick Mari with HiPoint Entertainment — had no intention of going longer than the 12-hour limit.

"They're telling us the sheriff has the ability to determine what the promoter is thinking," Barnard said. "So the sheriff . . . using some clairvoyant power . . . closed the concert."

But officials had obtained evidence that allowed for an informed decision, according to Peter Stirba, an attorney representing Utah County in the lawsuit.

"If Sheriff Tracy has no information about how long (a party) will go, it would be pretty stupid to make a judgment to shut it down within three hours," Stirba said.

"(But) here are the facts. There wasn't clairvoyance. The sheriff had facts to do what he did."

Those facts included information that the party organizers leased the Spanish Fork land for 24 hours and applied for a 24-hour county health permit, as well as advertised camping for interested parties, Stirba said.