Pubdate: Mon, 01 Jul 2002
Source: Morning Sentinel (ME)
Copyright: 2002 Morning Sentinel
Contact:  http://www.onlinesentinel.com/
Details: http://www.mapinc.org/media/1474
Author: Betty Jespersen

STARKS RECEIVES APPLICATION FROM HEMPSTOCK PLANNER

STARKS - Donald Christen, the founder of the Maine Vocals, signed and 
delivered his application for a mass-gathering permit for Hempstock to the 
town of Starks Thursday, getting it in just under the wire of the required 
45-day filing deadline.

Hempstock is set to be held Aug. 15-18.

If the application is denied, Christen has a tentative deal with a 
landowner to move the event to Farmington. Christen, the founder of the 
marijuana legalization group Maine Vocals, did not deny the site is off of 
Savage Road near Clearwater Lake on the Industry town line.

Christen said he has already submitted a state mass gathering permit 
application for the Farmington site to the Maine Department of Human Services.

Farmington is in the process of drafting its own mass gathering ordinance 
that would be required for events with continued attendance of 750 or more 
people for six or more hours. Large events sanctioned by nonprofit groups, 
such as Farmington Fair and the American Lung Association's Bike Trek 
Across Maine, would be exempt

A public hearing is set for 6:30 p.m. July 9 at the Farmington Municipal 
Building and a special town meeting will be held at the end of July.

The Farmington ordinance, modeled after Starks' ordinance, requires a 
permit be submitted no less than 45 days prior to an event, effectively 
blocking Hempstock from being held there in August.

Christen said the Starks application was so complex he needed an attorney 
to help fill it out.

"I don't know how they think they have the right to put someone through so 
much trouble to get a simple permit to gather when it is a right permitted 
under the U.S. Constitution," Christen said.

Assistant District Attorney for Somerset County Everett Fowle said Friday 
the issue is not ideological: "This is not a question of anyone being 
against concerts or people's right to express themselves . . . Our concern, 
first and foremost, is the right of the citizens of Starks to have a good 
night's sleep."

"This is a lawful ordinance . . . and Mr. Christen does not have a 
constitutional right to keep people up all night. There is also the right 
to life, liberty and the pursuit of happiness that is adversely implicated 
when loud music goes well past midnight," Fowle said.

The Vocals historically carry out their operations "without any 
consideration of the residents of the area," he said.

Christen said the music is not unreasonably loud and he turns the volume 
down when anyone complains.

Starks officials have said their ordinance amounts to common sense health 
and safety measures and that it was enacted because the yearly festivals 
that attract thousands threaten to collapse the town's infrastructure.

Last year, after the Vocals held a major festival in Starks without a 
permit, the town brought a lawsuit against Christen and the Vocals. In 
response, Christen charged the town was harassing him and that the 
ordinance was unreasonable and unconstitutional. In April, Somerset County 
Superior Court Justice S. Kirk Studstrup ruled Christen had to obey it 
since the threat to public safety of an unregulated gathering outweighs any 
injury the defendant might suffer.

He said if the ordinance was challenged in court, the town would likely 
prevail.

The attorney for the town of Starks, Kenneth Lexier of Skowhegan, and 
Starks Selectwoman Cynthia Kimble were unavailable for comment.

Christen said his events are a source of tourism dollars. They arrive with 
tents and recreational vehicles and spend money at area gas stations, 
restaurants and convenience stores.

"Some people plan their vacations around my concerts and that is very 
heartwarming. There aren't many festivals where people can come and camp 
and have a good time, listen to music and not be bothered," he said.

He said he plans on holding a two outdoor concerts in Norridgewock this 
summer, a rock and blues festival July 19-21 and a concert featuring the 
rock band Jackyl Sept. 6-8.

"It's not a bad idea to keep people here in vacationland," Christen said.
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