Pubdate: Tue, 07 Nov 2000
Source: Fort Lauderdale Sun-Sentinel (FL)
Copyright: 2000 Sun-Sentinel Company
Contact:  http://www.sun-sentinel.com/services/letters_editor.htm
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GAINESVILLE LOSES EXPENSIVE FIGHT; HEMPFEST SET FOR DECEMBER

Long, expensive legal arguments out of the way, plans are being made for 
the resumption of Hempfest in this university city.

The Cannabis Action Network scheduled the festival, not held since 1995, 
for Dec. 3 after a resounding victory in the 11 U.S. Circuit Court of Appeals.

"We won on every issue," said Kevin Aplin, with Cannabis Action Network, 
who filed suit against Gainesville after the city refused to grant permits 
for a festival in 1995.

The court ruling last month struck down the city's noise and street closing 
ordinances, ruling they violated the First Amendment to the Constitution.

The appeals court also ruled that the city must bear the burden of going to 
court if they are to again deny a permit for use of the downtown park, 
Alpin said.

Cannabis Action Network is an organization devoted to the reform of all 
laws associated with marijuana. Several of its members have been gathering 
signatures, hoping to get to put a question on a future statewide ballot as 
to whether marijuana can be used for medicinal purposes.

In December 1995, CAN offered in a letter to City Attorney Marion Radson to 
settle their permit dispute for $18,000, providing the city rewrite the 
ordinances to make them constitutional.

The offer was refused and the city's legal bill for closing the case will 
likely exceed $200,000, Aplin said.

Radson would not discuss the expense and referred all calls about the case 
to outside counsel, Jack Klingensmith, who did not return phone calls from 
The Associated Press.

Aplin said CAN was going to ask Radson and City Manager Wayne Bowers to 
apologize to the citizens of Gainesville for using so much money to fight 
the case.

This year's Hempfest is scheduled in downtown Gainesville on Dec. 3 at 12 noon.
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