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Originally Posted by Billy the Kidd It wasnt military force, it was police force, and they were acting on behalf of the law. The right ot assemble is only for political purposes, if you do not state an intended political gathering purpose its loitering. |
No. Not when you have the proper permits for a gathering. Especially after those permits have been taken care of and you are holding the gathering on private property by permission of the owner of said property.
Oh. The "ONE" pistol found at the "party" was inside the residence of the property owner which they also raided without a warrant or permission of any sort. Almost ALL of the drugs they found were in possession of the security guards who were searching people and confiscating those same drugs.
The permit that the Sheriffs office says the promoters did not get is as follows quoted from The Daily Herald which is a local Provo, Utah paper.
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The fact is, Childs did not need a permit.
Tracy protests that she did need one, but we believe he is wrong. Here's why:
A county ordinance specifies exactly the circumstances under which a mass gathering permit must be obtained from the Utah County Commission, and when a permit is not required. No person may host a gathering "of an actual or reasonably anticipated assembly of 250 or more people which continues or can reasonably be expected to continue for 12 or more consecutive hours" unless the host has a license, the ordinance reads.
The electronic beats at the rave began thumping at 9 p.m. Saturday. We cannot know exactly how long the party would have gone if police hadn't hammered down. But we do know a few things. We know, for example, that the promoter's agreement with the sound technicians was to end the show at 6:30 a.m. Sunday, as dawn approached. Privately contracted security personnel confirmed that they, too, were scheduled for that time period.
So the concert was intended for nine-and-a-half hours, well inside the 12-hour limit. It was a business proposition, and that was the deal.
In painting a picture that the gathering violated county public assembly codes, Tracy misrepresents not only the facts in Diamond Fork but distorts the proper role of law enforcement. We hope he understands his limitations as an officer of civil government.
Tracy said that authorities reasonably anticipated a crowd of thousands and expected partygoers to linger to 9 a.m. and beyond. "People are up all night partying hard and have a camping area," he said. "If you've been up since 9 o'clock the night before, we are assuming you're not going to jump right up and get out of there, and will exceed the 12-hour period."
Read that carefully again, with particular attention to "we are assuming." Tracy is saying that the 12-hour ordinance was violated because law enforcement, not the event host, anticipated the gathering would last more than 12 hours. This is an unjustified and even dangerous view.
It is not law enforcement's prerogative to enforce assumptions -- to hand out criminal or civil citations based on what might happen. Accusations must be made on the basis of actual observable acts, not on what a cop thinks will occur in the future. ""
Here is the law stating what loitering is-- oh you will note the notation below--
Loitering: The criminal offense of remaining in a certain place (such as a public street) for no apparent reason. Loitering statutes are generally held to be unconstitutionally vague. In fact the state law books only specifically state the word loiter ONCE-- The only statute in the Utah Code that contains the word loiter is in §76-10-1302.
Utah Code §76-10-1302 - Prostitution
(1) A person is guilty of prostitution when:
(c) [he/she] loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.