Peter Stirba said the decision by Sheriff James Tracy to bust the party was legal, based on a host of violations, including public nuisance, drug use and the promoters' failure to acquire a permit.

Stirba made his arguments at a hearing requested by promotor Brandon Fullmer and his company Uprok Inc., who on Sept. 7 asked the court to prohibit Tracy from enforcing the county's mass-gathering ordinance.

Utah County filed a written response late Thursday, just hours before U.S. District Judge Dale Kimball was scheduled to hear arguments.

At the heart of the issue is the interpretation of the ordinance, which says event planners must obtain a mass-gathering permit through the County Commission if there is a reasonable expectation that the event will continue for 12 or more consecutive hours.

But Uprok attorney Brian Barnard argued the ordinance is vague and open to too much interpretation from a sheriff with "clairvoyant powers" who can tell how long an event will last.

The event was busted after 2 1/2 hours - long before the 12-hour mark that would have broken the law, Barnard said.

Stirba claims the sheriff had concrete evidence that the event would exceed the 12-hour mark when he raided the party.

Among the evidence is a map showing that camping would be available at the site, an e-mail notice that said that music would continue until 7 a.m. and that partyers would not have to leave the property until 2 p.m. the next day.

It was also common practice that raves tend to last more than 12 hours, based on the sheriff's experience.

The sheriff has bolstered his decision to end the rave with evidence that drug use was rampant among the attendees and undercover officers conducted as many as five illegal drug transactions before the party was shut down.

On Friday, Stirba added that the sheriff had a duty to kill the party because it violated portions of a Health Department permit the promoters had obtained - inadequate sanitation, lack of proper paramedic assistance and no free water for guests.

Barnard said the sheriff has no statutory authority to end an event on behalf of the Health Department.

Five drug transactions for 1,000 people should have resulted in five arrests, not the termination of an entire party, he said.

"[The sheriff] scared the hell out of the kids and my clients," Barnard said. "[Fullmer] deserves the right to put together another party without the fear that the sheriff is going to make a bad judgment call."

Tracy assembled about 90 officers and stormed a party thrown by Fullmer on the Childs family ranch in Diamond Fork in Spanish Fork Canyon.

With the aid of dogs, guns and a helicopter, the sheriff cleared more than 1,000 attendees in less an hour.

Fullmer says the action was unnecessary, abusive and unconstitutional.

Sixty partyers were cited and about 30 were booked into the Utah County Jail on a host of charges, including resisting arrest, public intoxication, underage drinking and possession of drugs.

A ruling on the matter is expected from Kimball by the end of next week.

mwestley@sltrib.com