• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Handcuffed and ejected from Festival in the Park

Lyndsy Simon

Regular Member
Joined
Jan 14, 2011
Messages
209
Location
Charlottesville, VA
It may have been a private entity "leasing" the property, but it did so under the purview and with the consent of the City of Roanoke, it did not prohibit entry to unticketed visitors, meaning that the park and its premises were still open and accessible (unprohibited) to the general public.

Further, that would not reconcile the numerous falsehoods, improper assumptions of authority, negligence, ignorance, assault and battery undertaken by or in the name of the defendants. Further, the seizing of the plaintiff by the constabulary was made under false pretenses and without probable cause or reasonable suspicion. Since the park was open to the public, the "private security" could in no way eject a citizen from the grounds, as a public venue is a public venue regardless of the occupant or event.

I am frankly surprised at the very small amount being requested as compensation. I would have gone for the jugular myself.

Had this been the only instance of this sort of behavior, I would think that the demand is reasonable. After reading the entire complaint, I agree with wylde007 here - there should serious consequences for repeatedly and consistently using the force of government violence to attempt to deprive someone of their civil rights.
 

mobeewan

Regular Member
Joined
Oct 5, 2007
Messages
652
Location
Hampton, Va, ,
I'm not reading the same thing though. The OAG opinion seems to specifically relate to entities leasing the property from a local government, yes? In this case (referring to # para. 14) states that "City of Roanoke executed a written agreement engaging the services....to operate Festival in the Park...." Which is an entirely different matter -- or am I missing something?

I agree with you, and the city paid them for those services:

"Defendant City of Roanoke agreed to pay $148,932 for Defendant EventZone.org's services in operating that festival and other festivals throughout the year."
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
I agree with you, and the city paid them for those services:

"Defendant City of Roanoke agreed to pay $148,932 for Defendant EventZone.org's services in operating that festival and other festivals throughout the year."

Yes, it's a huge difference. In the AG's opinion, the matter at hand was city property leased by a third party. In this case, the event organizers were contracted employees of the city.

Apples and oranges.
 
Top