Pubdate: Sun, 1 Dec 2002
Source: Racine Journal Times, The (WI)
Copyright: 2002, The Racine Journal Times
Contact:  http://www.journaltimes.com/
Details: http://www.mapinc.org/media/1659
Author: Dustin Block

THEATER GROUP MAY SUE CITY OVER PARTY RAID, ARRESTS

RACINE -- Organizers of the Haunted Halloween party busted by police
earlier this month are considering a civil suit against the city for
violating partygoers' rights and damaging their group's reputation.

Gary Thompson, executive director of the Uptown Theater Group Inc.,
said city police worked to "shut down their party by all means
necessary" -- and broke the law in the process.

Officers raided the Nov. 2 dance party, held at the Tradewinds Banquet
Hall, 1518 Washington Ave., and arrested three people for selling the
drug Ecstasy to undercover officers. Police then shut down the party
and issued 445 citations to the remaining partyers for patronizing a
"disorderly house." About 100 pills of Ecstasy were found on the floor
of the banquet hall, police said.

Last week, the city agreed to reduce the $968 fine to as low as $100
for people who plead guilty to the charge.

But the partygoers are fighting back. Earlier this week, the American
Civil Liberties Union called on the city to drop the disorderly house
tickets, and Thompson hinted his nonprofit organization may sue the
city.

He said the raid and subsequent arrests may have damaged the Uptown
Theater Group's ability to raise money to renovate the theater -- the
goal of the nonprofit organization.

Thompson specifically referred to police claims that the party was a
"drug party" and a "rave."

"We have been harmed by this," Thompson said. "They (police) decided
they did not want this party to happen ... the police blunder may end
up costing the taxpayers."

There is precedent for such a lawsuit. Recently, a jury in San Diego
awarded a concert promoter $1.5 million after sheriff's deputies
harassed people at a techno dance party. One reason jury members said
they ruled in the promoters' favor: Deputies repeatedly referred to
the party as a "rave."

Thompson and others have consistently argued that the Halloween party
was not a rave. The event was publicly advertised, including a listing
in the local paper, and held at a public location. Three people were
arrested for selling Ecstasy at the party, but Thompson said a
majority of the partygoers were unaware of the drugs.

He added that party organizers attempted to hire off-duty city police
officers to work the party. The department denied their request, he
said.

"Why on earth would we do anything to jeopardize (our relationship
with the city)?" said Thompson, who has been trying to renovate the
Uptown Theater for the last two years. "We need so many things from
the city, it's absurd for anyone to remotely say we were trying to do
something wrong."

Hearings for people issued citations are scheduled to begin Monday
morning. Thompson said 85 to 90 percent of the people issued tickets
will plead not guilty. "I've heard from so many people who've said,
'Why should we plead guilty when we didn't do anything wrong?' " he
said.

Partygoers can enter their plea in person, or by faxing or sending a
response to the court. Because the citations are being taken together,
anyone issued a ticket can attend any one of three hearings on Dec. 2,
9 or 16, to enter their plea.

On Monday, lawyers from the ACLU and the Uptown Theater Group will be
outside of the municipal court giving people legal advice about the
citations.

Both organizations hope the city will drop all of the disorderly house
citations, before they go to trial. But even that may not stop a civil
suit, Thompson said.

"Law firms have contacted us about bringing a civil case against the
police department," he said. "They see how absurd the police actions.
There are many, many areas to sue the police department."
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