The promoter's attorney, Brian Barnard, said the order was necessary to keep Utah County Sheriff James Tracy from using the county's mass-gathering ordinance at his discretion. Barnard also said the proper way to deal with a public nuisance - which Tracy claimed the party had become - is through a civil suit.
But U.S. District Judge Dale Kimball upheld the sheriff's decision to bust the party on several points, most prominently that the event was a public nuisance and a threat to the health and safety of those who were there.
The request for the order was heard by Kimball on Sept. 16. Rave promoter Brandon Fullmer wanted the restriction to keep the sheriff from interpreting a Utah County ordinance - called vague by Fullmer - which says a mass-gathering permit is required for events that have more than 250 people and last more than 12 hours.
The most damaging testimony to Fullmer's case came through a testimony from emergency medical technicians and police officers who were at the rave.
"The EMTs were concerned that given the prevalence of the drug use at the event, a person could have a cardiac arrest or overdose on drugs. They believed that if an overdose occurred, they would be unable to provide sufficient medical care . . ." reads Kimball's ruling.
Officers said they observed illegal drug use and purchased ecstacy from individuals at the rave.
Feathers were ruffled at the party when Tracy showed up with 90 heavily armed officers, dogs and a helicopter to clear out the crowd. Sixty people were cited and about 30 were booked into jail on charges of drug possession, alcohol violations and resisting arrest. Barnard said the bust was excessive, but Kimball said Tracy was justified in stopping the event.
And despite Fullmer's protest that his event would not last longer than 12 hours, police presented evidence from an online message board stating that the area where the event was held would be available to concertgoers from 8 p.m. Saturday until 2 p.m. Sunday.
After reading Kimball's ruling, Fullmer said it was not likely he would be throwing any more parties in Utah County in the near future.
"Even if I was to do shows in Utah County, nobody would want to go because they don't feel safe," he said.
In the meantime, he will conduct his business in Salt Lake County where he says the police are better informed and easier to work with. "It only takes two guys in blue to shut down a show. They don't feel like they have to come in and manhandle people," Fullmer said.
