Promoter Seeks Restraining Order Against Utah County Sheriff

Promoter Seeks Restraining Order Against Utah County Sheriff

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SALT LAKE CITY (AP) -- The promoter of a Spanish Fork Canyon dance party broken up by law enforcement agencies has requested a temporary restraining order preventing the Utah County sheriff from busting similar gatherings.

The request Wednesday follows a civil suit that was filed Sept. 2 challenging the county's mass gathering ordinance that Utah County claims was violated by the Aug. 20 gathering.

The county contends the promoters of the party, which the sheriff's office said was a rave, failed to get a mass-gathering permit from the County Commission.

The sponsors said they got the appropriate health permit and met all of the sanitation and security requirements. They contend they did not need the mass-gathering permit because the gathering was not intended to last 12 hours, which would made the permit a requirement.

The sheriff thought the gathering would last that long because some similar ones had.

Sheriff James Tracy said he acted within the law when he stormed the party with more than 90 officers armed with automatic weapons, riot gear, accompanied by dogs and a helicopter.

Brian Barnard, who represents promoter UpRock Records and the landowner in the original lawsuit, filed the request for a restraining order against Tracy.

"Plaintiffs fear that unless this court issues an immediate order, (the sheriff) will again stop concerts/events based upon the (sheriff's) predication that an event may last more than 12 hours," the action said.

Brandon Fullmer of UpRock Records said he does not want another party broken up and he is "scared to death of those cops.

"I want to be able to do shows down there again, and if I'm doing everything legal I don't want them on our property," Fullmer said.

A hearing is scheduled before U.S. District Judge Dale Kimball on Sept. 16 at 2:30 p.m.

In a related development, the county attorney has refused to release initial police reports about the Aug. 20 raid and a raid on a July 16 party.

The office has classified the arrest and case reports as private and protected.

The county attorney's office said such a classification is sufficient grounds to deny a request by the Deseret Morning News to release the documents to the public.

Media attorney Jeff Hunt said that under Utah law, arrest reports are not private and case reports should not be classified as protected.

The prosecutors contend the documents also will not be made available because of the litigation against County Attorney Kay Bryson, Tracy and the County Commission.

The News on Thursday filed an appeal with the County Commission.

(Copyright 2005 by The Associated Press. All Rights Reserved.)

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