Pubdate: Wed, 16 Apr 2003
Source: Medford Mail Tribune (OR)
Copyright: 2003 The Mail Tribune
Contact:  http://www.mailtribune.com/
Details: http://www.mapinc.org/media/642
Author: Sarah Lemon, Mail Tribune

BARTER FAIR ORGANIZERS' CASE AGAINST COUNTY COMES TO TRIAL

After nearly seven years of waiting, the Barter Fair is back -- back for 
its day in court.

A four-day trial pitting the once-popular counterculture event against 
Jackson County officials opened Tuesday in U.S. District Court in Medford, 
bringing seven years of legal wrangling to a head. Fair organizers are 
seeking $140,000 in damages from the county, which they allege infringed on 
their rights of free speech and assembly and discriminated against 
fairgoers' way of life.

Organizer Alan Venet says outrageous fees, delays and excessive police 
presence all contributed to the demise of the Southern Oregon Barter Fair 
in 1996 after an 18-year history in the Applegate Valley. Seeking a money 
judgment against the county was his last resort, Venet said. If the fair 
had just secured a new site to hold the event with the county's blessing, 
they would have dropped the suit, he said, adding that the fair remains 
$25,000 in debt.

"It's nice that it's finally here ... maybe we'll get a little win," he said.

Venet and his supporters rejected the county's offer of free use of the 
Expo grounds for seven years because the site wasn't appropriate.

The first fair -- held in 1978 -- was a casual get-together at Venet's home 
in Williams. An organic seed farmer, Venet gathered with a few friends each 
fall to swap fresh fruits and vegetables.

By the time the weekend-long event moved to a 140-acre farm in Ruch, 
attendance topped 1,000 and continued to grow. Hippies, New Agers and other 
free spirits came for the music, parades and booths peddling vegetarian 
fare and arts and crafts.

More than 10,000 people attended the fair in October 1995, thousands of 
them camping overnight. Neighbors complained to county officials of noise, 
traffic jams, drug use and vandalism.

"It wasn't the summer of love in 1995, it was something else," said Mike 
Jewett, attorney for Jackson County.

In response to residents' complaints, county officials acted in a 
discriminatory manner with the sole purpose of shutting down the Barter 
Fair, argued Venet's attorney Brian Michaels in his opening statement.

Former Sheriff Robert Kennedy, in particular, hated the Barter Fair and 
sought to abolish it simply because he did not agree with the values 
represented by those in attendance, Michaels said.

"Long hair, Woodstock, Deadheads ... hippies. That's how the plaintiff is 
going to be characterized," Michaels said.

As they prepared for their 1996 event, Barter Fair organizers were beset 
with $18,000 in county fees and unreasonable delays in the permit process, 
Michaels said. Kennedy set an aggressive policing plan in motion, although 
organizers said they attempted to work out security problems with the 
sheriff and had even hired their own security team, which specialized in 
large events.

The fees were reduced to $5,000 after the fair initially took the county to 
court. But once fair day arrived, the site was swarming with sheriff's 
deputies, according to Venet and his supporters.

Applegate resident Jane Fossen testified that when she saw two van-loads of 
deputies descend on the fair in 1996, she feared the officers would start 
beating fairgoers. In previous years, four deputies had patroled in the 
parking area, and two deputies walked over the site twice each day, Fossen 
said.

"We were concerned about confrontations happening," Fossen said. "I 
certainly wouldn't have put it past them to come in violently."

The sheriff was just looking out for the residents of Ruch, Jewett argued 
in his opening statement. Although the sheriff deployed scores of deputies 
in 1996, they roved the site in teams of four, Jewett said.

"That doesn't mean they came in like the Iraqi Red Guard," Jewett said.

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History of the Barter Fair
1978 -- Alan Venet hosts the first Barter Fair at his home in rural 
Williams; about 150 friends and neighbors attend.

1984 -- Fair held for the first time at Bob Evans' 140-acre leased farm in 
the Ruch area; about 1,000 attend.

1986 -- Event continues to grow. County begins to enforce health and safety 
codes; about 1,500 attend.

1990 -- Barter Fair incorporates as an "alternative religious" service 
organization; attendance breaks 2,000.

1994 -- County demands $5,000 fee under state mass gathering law. Fair 
organizers claim indigency. County sues. Attendance nears 7,000.

1995 -- Fair organizers agree to pay $3,600 permit fee; attendance breaks 
10,000.

August 1996 -- Barter Fair settles previous lawsuit, agrees to pay 1994 fee.

September 1996 -- Fair organizers file suit in federal court after county 
demands fee of more than $18,000. U.S. District Magistrate John P. Cooney 
bars county from charging fee and allows fair to hold event.

October 1996 -- Last Barter Fair; 5,500 attend as organizers complain about 
heavy police presence.

December 1996 -- Evans farm lease expires.

September 1997 -- Fund-raiser near Harrisburg (15 miles north of Eugene) 
draws only 800.

1998 -- No event. Fair has no money and no site.

April 2003 -- After several years of settlement negotiations and delays, 
Barter Fair and Jackson County go to trial.
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MAP posted-by: Jay Bergstrom