The suit, filed in U.S. District Court, seeks a review of Utah County's mass-gathering ordinance and a court order prohibiting the sheriff from terminating an event based upon his estimation of how long the event will operate.
Named in the suit are Sheriff James Tracy, Lt. Grant Ferre, County Attorney Kay Bryson, Commissioners Jerry Grover, Steve White and Larry Ellertson and Utah County.
Police and promoters say that more than 1,000 people were in attendance when about 90 officers from multiple agencies stormed the party in full riot gear around 11:30 p.m. on Aug. 20. With the aid of a helicopter, dogs and machine guns, police cited 60 people on a variety of charges, including resisting arrest, illegal alcohol consumption and possession of a controlled substance.
Detention records show that about 30 of those cited were booked into the Utah County Jail early on Aug. 21. Many of those arrested say they were injured by police as they were thrown to the ground and handcuffed.
Tracy claims the rave was not properly permitted. He also claimed that undercover officers planted inside the party witnessed a number of illegal activities, including drug deals before the party was busted.
But Brian Barnard, attorney for the promoters - Uprock, Inc., and the Childs Family Trust, which owns the land where the party was held - said the sheriff improperly applied the mass-gathering ordinance and had no statutory authority to shut the concert down based on the drug deals.
The ordinance in question provides a mass-gathering permit be granted by the County Commission for "an actual or reasonably anticipated assembly of [250] or more people which continues or can reasonably be expected to continue for twelve (12) or more consecutive hours."
But Tracy shut down two parties this summer, one on July 16 and the Aug. 20 event, based on his prediction that the events would exceed the 12-hour time limit and, therefore, would require the permit, according to the suit.
"The ordinance is unconstitutionally vague in that it does not give notice to law enforcement officers as to the conduct which constitutes a crime. The vaguely worded ordinance allows for arbitrary and capricious application of the ordinance by law enforcement officers," reads the suit.
Promotor Brandon Fullmer said he was aware of the need for the permit but did not expect the party to exceed the time limit. DJ bookings and contracts for concessions support his claim, according to the suit. Fullmer applied and received a mass-gathering permit for the party through the county's health department about a month before the show. The health department permit requires the promoters to show they intend to provide adequate sanitation, toilet facilities and water for the event.
At no time during that process or following the issuance of the health department permit did anyone from either the county or the sheriff's office notify Uprock that an additional permit - which provides a safety plan, event details and requires approval from the county commission - would be needed, Barnard said.
"Why didn't he just go to them and say, 'Hey, if in fact he staged this, you guys need to go get this permit,' '' he said.
Bryson said the sheriff was on solid ground in assuming the party would last more than 12 hours, having witnessed at least one other similar party this summer sail past the 12-hour mark with more than 2,000 in attendance. He said the raves present a public safety issue.
"These aren't just concerts. They are activities that have at least, if not the primary purpose, a purpose to use and distribute drugs," Bryson said, declining to comment further on the lawsuit.
Barnard said there is no law that allows officers to stop a concert because a few individuals in the audience may commit crimes.
"For the sheriff to say there were drug transactions and that's why we sent in the troopers is hogwash. This was an organized attack with the intent to scare the hell out of the kids, which they did."
mwestley@sltrib.com
