Barter Fair organizers� case against county comes to trial - April 16, 2003

Mail Tribune (Medford, OR — Wayback)

2003-05-20

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CLEAR Temp: 59 °F Wind: NE at 6 mph Monday, May 19, 2003   SECTIONS Home Page Local News Sports Business Obituaries   Life   Opinion - Politics   AP News   Weather   Classified   Archives   Site Map   EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone   Wellness Connection   Real Estate   Newspaper in Education   Prime Times   Outdoor Journal   Personals   Movie Times   TV Times   E The People   CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything  E SOUTHERN OREGON Automotive Communities   Entertainment   Publications   Recreation   Calendar   ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend April 16, 2003 Barter Fair organizers’ case against county comes to trial By SARAH LEMON Mail Tribune After nearly seven years of waiting, the Barter Fair is back — back for its day in court. A four-day trial pitting the once-popular counterculture event against Jackson County officials opened Tuesday in U.S. District Court in Medford, bringing seven years of legal wrangling to a head. Fair organizers are seeking $140,000 in damages from the county, which they allege infringed on their rights of free speech and assembly and discriminated against fairgoers’ way of life. Organizer Alan Venet says outrageous fees, delays and excessive police presence all contributed to the demise of the Southern Oregon Barter Fair in 1996 after an 18-year history in the Applegate Valley. Seeking a money judgment against the county was his last resort, Venet said. If the fair had just secured a new site to hold the event with the county’s blessing, they would have dropped the suit, he said, adding that the fair remains $25,000 in debt. "It’s nice that it’s finally here ... maybe we’ll get a little win," he said. Venet and his supporters rejected the county’s offer of free use of the Expo grounds for seven years because the site wasn’t appropriate. The first fair — held in 1978 — was a casual get-together at Venet’s home in Williams. An organic seed farmer, Venet gathered with a few friends each fall to swap fresh fruits and vegetables. By the time the weekend-long event moved to a 140-acre farm in Ruch, attendance topped 1,000 and continued to grow. Hippies, New Agers and other free spirits came for the music, parades and booths peddling vegetarian fare and arts and crafts. More than 10,000 people attended the fair in October 1995, thousands of them camping overnight. Neighbors complained to county officials of noise, traffic jams, drug use and vandalism. "It wasn’t the summer of love in 1995, it was something else," said Mike Jewett, attorney for Jackson County. In response to residents’ complaints, county officials acted in a discriminatory manner with the sole purpose of shutting down the Barter Fair, argued Venet’s attorney Brian Michaels in his opening statement. Former Sheriff Robert Kennedy, in particular, hated the Barter Fair and sought to abolish it simply because he did not agree with the values represented by those in attendance, Michaels said. "Long hair, Woodstock, Deadheads ... hippies. That’s how the plaintiff is going to be characterized," Michaels said. As they prepared for their 1996 event, Barter Fair organizers were beset with $18,000 in county fees and unreasonable delays in the permit process, Michaels said. Kennedy set an aggressive policing plan in motion, although organizers said they attempted to work out security problems with the sheriff and had even hired their own security team, which specialized in large events. The fees were reduced to $5,000 after the fair initially took the county to court. But once fair day arrived, the site was swarming with sheriff’s deputies, according to Venet and his supporters. Applegate resident Jane Fossen testified that when she saw two van-loads of deputies descend on the fair in 1996, she feared the officers would start beating fairgoers. In previous years, four deputies had patroled in the parking area, and two deputies walked over the site twice each day, Fossen said. "We were concerned about confrontations happening," Fossen said. "I certainly wouldn’t have put it past them to come in violently." The sheriff was just looking out for the residents of Ruch, Jewett argued in his opening statement. Although the sheriff deployed scores of deputies in 1996, they roved the site in teams of four, Jewett said. "That doesn’t mean they came in like the Iraqi Red Guard," Jewett said. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] History of the Barter Fair 1978 — Alan Venet hosts the first Barter Fair at his home in rural Williams; about 150 friends and neighbors attend. 1984 — Fair held for the first time at Bob Evans’ 140-acre leased farm in the Ruch area; about 1,000 attend. 1986 — Event continues to grow. County begins to enforce health and safety codes; about 1,500 attend. 1990 — Barter Fair incorporates as an "alternative religious" service organization; attendance breaks 2,000. 1994 — County demands $5,000 fee under state mass gathering law. Fair organizers claim indigency. County sues. Attendance nears 7,000. 1995 — Fair organizers agree to pay $3,600 permit fee; attendance breaks 10,000. August 1996 — Barter Fair settles previous lawsuit, agrees to pay 1994 fee. September 1996 — Fair organizers file suit in federal court after county demands fee of more than $18,000. U.S. District Magistrate John P. Cooney bars county from charging fee and allows fair to hold event. October 1996 — Last Barter Fair; 5,500 attend as organizers complain about heavy police presence. December 1996 — Evans farm lease expires. September 1997 — Fund-raiser near Harrisburg (15 miles north of Eugene) draws only 800. 1998 — No event. Fair has no money and no site. April 2003 — After several years of settlement negotiations and delays, Barter Fair and Jackson County go to trial. Printer Friendly Version   Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News  | Sports  | Business  | Obituaries  | Life Opinion - Politics | AP News | Archives  |  Site Map   E Southern Oregon  | Classified   Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S