Pubdate: Sun, 21 Jul 2013
Source: Times-Tribune, The (Scranton PA)
Copyright: 2013 Townnews.com
Contact:  http://www.thetimes-tribune.com
Details: http://www.mapinc.org/media/4440
Author: Joe Mandak, Associated Press
Page: 13

COUNTY ON TRIAL OVER DRUG RAID ON MUSIC CHURCH

Concerts Worship, Church Says in Lawsuit, but Must Convince Jury of
Its Earnestness.

PITTSBURGH (AP) - A church that contends the jam band concerts it
promotes are worship services will try to convince a U.S. District
Court jury this week that a drug raid at one such music festival in
2009 was an unreasonable search spurred by county officials hell-bent
on persecution.

But to prove its religious retaliation claim under federal law, the
Church of University Love and Music must first convince the jury that
"Funk Fest" was an expression of "sincerely held" religious beliefs -
and not merely a hearty outdoor party that drew about 400 people.

"This is about a 10-year consistent campaign by Fayette County to shut
down the church," said Gregory Koerner, the church's attorney.

In fact, the beef between the county and William Pritts, a feed store
owner with a 147-acre spread about 35 miles southeast of Pittsburgh,
began in 2001.

That's when the county zoning board first denied Mr. Pritts' request
for a special exception to host music, fundraising and religious
events. Neighbors had complained the weekend concerts, including
nationally known acts like Parliament Funkadelic founder George
Clinton, caused too much noise and traffic.

After fining Mr. Pritts for zoning violations and later violating a
court-ordered compromise that limited the number of concerts he could
hold, a county judge banned all concerts.

Mr. Pritts filed a $1 million federal lawsuit in 2006, claiming his
right of religious expression was being violated.

Rather than go to trial then, the county paid Mr. Pritts and his
attorneys $75,000 and agreed in March 2009 to let the church hold six
weekend festivals and six other Saturday-only concerts annually.
Illegal drugs were explicitly banned. That deal didn't last long. The
county drug task force raided "Funk Fest" on Aug. 1, 2009, arresting
21 people and seizing large amounts of LSD, hallucinogenic mushrooms
and marijuana, though charges were later dropped against several defendants.

That prompted the current lawsuit, and U.S. District Judge Donetta
Ambrose has already ruled the "all persons present" search warrant was
illegal and overly broad.

No matter what happens this week, the church won't reopen in Fayette
County.

"The church has been destroyed," Mr. Koerner said. "If we get some
money, he's going to relocate to another county."
- ---
MAP posted-by: Matt