Festival Wins Court Fight On Use Of Park Judge Dismisses Complaint From Neighbors, Rules Music Fest Has Legal Lease For Sandpoint’s Memorial Field

The Festival at Sandpoint won a crucial court battle Tuesday that will allow organizers to stay at Memorial Field and serve alcohol at concerts.

The festival’s use of the field, which is a public park, was challenged by a neighboring couple tired of the noise, traffic and crowds of drinkers.

Judy and Dale Millard filed a complaint in First District Court against the organization and the city of Sandpoint. The Millards wanted the festival ousted in the middle of its concert season and alcohol banned from the park.

But Judge James Michaud said the festival is operating under a legal lease with the city and dismissed the complaint.

“This is a big relief,” festival president Dave Slaughter said after the hour-long hearing. “This lawsuit was a big distraction. We weren’t sure if we were going to have a rest of the season, but it’s behind us now.”

The ruling should alleviate fears people had about buying tickets for the remaining festival shows, he said.

“Our venue is secure and we still have some great acts coming,” Slaughter said.

The Millards filed the complaint against the festival a month ago. They claimed the festival violated city zoning laws because it is a commercial venture operating in a residential neighborhood.

They also cited city laws that prohibit alcohol in public parks.

The Millards’ attorney, James Paulsen, charged the city’s police department with selective enforcement. He said city police turn their backs during the two-week festival and ignore the city’s open-container law.

“It appears to me the actions taken by the city and the festival is tyranny of the majority,” Paulsen said. “What (they) are saying is we have the authority and power and don’t have to abide by the laws.”

Judge Michaud disagreed. In his ruling he said there was no doubt the festival is a commercial venture, but the city has the authority to allow commercial ventures in public parks.

Because the festival leases the field and restricts who can attend, it is also allowed to serve alcohol.

“When Memorial Field is leased for a commercial purpose it is no longer a park open to the public,” Michaud said. “And for that reason the law that prohibits alcohol in a park is no longer applicable.”

If the festival had lost the case, Slaughter said it was likely shows would have been canceled.

“It had us worried, no doubt,” he said. “You just never know how these things will come out once they get into court.”

The ruling could help the festival land a more long-term lease at the lakeside field.

Because of complaints by neighbors, the City Council voted last year to oust the festival after its 1997 season. The council said it would reconsider the lease, however, after the legal battle was resolved and if the festival addressed problems with crowds, traffic and noise.

Festival Executive Director Ron Wasson said many things are being done this year to minimize the festival’s impact on the neighborhood.

The concert schedule was cut from three weeks to two, mellow musicians were booked and some shows were moved into the downtown park and theater.

“We are hoping to put this year behind us and prove to the neighborhood we are being responsible,” Wasson said.

, DataTimes MEMO: Cut in the Spokane edition