Pubdate: Thu, 30 Aug 2012
Source: Portland Daily Sun (ME)
Copyright: 2012 The Portland Daily Sun
Contact:  http://portlanddailysun.me/
Details: http://www.mapinc.org/media/5257
Author: David Carkhuff

OFFICIALS: MEDICAL MARIJUANA FESTIVAL STILL FACES CITY FEES

The organizer of a Portland event billed as a benefit for low-income 
and terminal medical marijuana patients will still be required to pay 
city fees, in spite of an expectation of a First Amendment exemption 
deferring these fees, officials confirmed Wednesday.

Dismayed, the organizer vowed Wednesday to forge ahead with the 
festival, saying it's too late to call off the live music, speakers 
and food offerings.

Atlantic CannaFEST, an event informing the public about Maine's 
medical marijuana program, remains scheduled for Saturday, Sept. 1, 
from 1 p.m. to 5 p.m. in Deering Oaks Park.

"The event is going to be held, I can't not hold the event, it's 
three days down the road," said Charles Wynott, organizer of Atlantic 
CannaFEST, in an interview Wednesday.

During planning, Wynott, who runs We Deliver Compassion and Atlantic 
Cannabis Incorporated, was looking for a sponsor to help cover the 
event insurance and rent for the park. Then Wynott discovered a 
so-called First Amendment "exemption" that he said was granted to 
Occupy Maine for a free public concert held by the protest movement 
last fall in Portland.

The same exemption, he said, was expected at Atlantic CannaFEST. City 
spokeswoman Nicole Clegg indicated that Atlantic CannaFEST would qualify.

"If it's a small contained event, we just ask that they fill out a 
permit so we know that the event is taking place," she said.

Permit fees wouldn't apply because the city would defer to the First 
Amendment, which guarantees the rights to free speech and peaceful 
assembly, she said.

After talking to city staff, Wynott proceeded on that understanding. 
But Wednesday, he learned from city clerk's staff and the rec 
department that he would still need to pay city fees.

"I've been jumping through hoops for a year, and I thought I had the 
last one cleared, but I guess not," Wynott said Wednesday.

The city's Recreation Department offers guidance to people using city 
property. The department website states, "A permit is needed when 25 
or more individuals are anticipated to attend an organized event (or 
when items -- such as: canopies/tents, film equipment, musical 
equipment, etc. -- are placed down on city property), (or when 
electricity is needed for an event). Typical events that would need a 
permit are: Road Races, Walkathons, Rallies, Large Family Reunions, 
Weddings, Block Parties, Concerts, Press Conferences, Company 
Outings, Film Shoots / Photo Shoots, Fundraisers."

The site continues, "Once tentative approval is given insurance 
certificates must be obtained; permit fees paid in full; security 
deposits filed; application for city licenses." A link on the city 
website details permit fees, which include a recreation department 
assessment for use of an area, starting at $40 for the first hour 
plus $35 for each additional hour. A four-hour event such as Atlantic 
CannaFEST, faces an assessment of $145 based strictly on this 
assessment. There's also a public space/park security deposit of 
$100; and a $25 user fee for restroom use if more than 150 people are 
expected to attend the event.

Recreation Department Special Activities Coordinator Ted Musgrave 
referred questions about Atlantic CannaFEST to Sally DeLuca, director 
at the Portland Recreation Department. DeLuca did not immediately 
return a phone call seeking comment.

"We shouldn't have to pay the city for free speech," Wynott argued, 
saying he doesn't agree with the city's insistence that he pay fees.

"This is a political rally, this is free speech," he said, calling 
the situation "now a matter of principle."

"The city is getting more money than my patients are," Wynott complained.

Wynott also said he doesn't want to endanger the smooth operation of 
Atlantic CannaFEST, saying his group, Atlantic Cannabis, is a 
nonprofit that helps low income and terminal patients to access 
medical marijuana. The group lacks a bank account to cover fees and 
insurance, he said.

"How they want to bill me is another situation altogether," Wynott 
said. "I just would rather have them not bill me, now I really want 
to fight for the First Amendment exception."

Janice Gardner, business licensing administrator at the City Clerk's 
office, said three permits apply to Atlantic CannaFEST: a temporary 
food service license, a single concert license and a street goods 
vendor license.

"They were not exempted from the fees associated with those 
licenses," she said Wednesday.

The single concert fee is $35; the street goods vendor fee is $35; 
and the food service establishment license, if the business offering 
the food is licensed as a food establishment in Portland, is $20 (if 
not, it's $85). In this case, Mike's Guitar Grave of Portland paid 
the $20 food booth fee, she said.

"These are standard fees," Gardner said.

Wynott said Mike's also is providing a restaurant license to comply 
with a health department requirement, so organizers can host a free 
barbecue to give away food to low-income patients.

Parks and recreation fees, Wynott said, will total $500 for the park, 
and $300 for the insurance, besides the city clerk's fees.

"Now they're telling me I don't fall under the First Amendment," he said.

Wynott wanted to get the word out so potential sponsors could visit 
http://www.facebook.com/wedeliver.compassion and support the festival.

"We Deliver Compassion is indeed not falling under the First 
Amendment free speech amendment for this event," Wynott wrote on 
Facebook Wednesday. "We are being requested to pay all park 
fees/licenses and cost involved including insurance requirements."

Wynott estimated the costs will total roughly $1,000.

"We're a nonprofit organization, we have no money in the bank 
account," he said.

"I stopped accepting vendors applications because I thought I was 
being approved under the First Amendment (exemption). Now they're 
springing it on me at the last minute that I needed insurance, that I 
needed park fees," Wynott said.
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MAP posted-by: Jay Bergstrom