Pubdate: Wed, 05 Dec 2001
Source: Baraboo News Republic (WI)
Copyright: 2001 Independent Media Group, Inc.
Contact:  http://baraboo.scwn.com/
Details: http://www.mapinc.org/media/1002
Author: Brian Bridgeford

WEEDSTOCK CASE GOES UP IN SMOKE

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."
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