Gilroy
– With the threat of a federal appeals case and a lawsuit at the
state level looming, the legal fees shelled out by the garlic
festival to fend off a civil liberties suit involving its dress
code could top $100,000.
Gilroy – With the threat of a federal appeals case and a lawsuit at the state level looming, the legal fees shelled out by the garlic festival to fend off a civil liberties suit involving its dress code could top $100,000.
The Gilroy Garlic Festival Association has spent $82,500 to defend the City of Gilroy against a lawsuit brought by the Hollister-based Top Hatters Motorcycle Club. Four members of the club charged the city and festival in July 2001 of violating their right to free speech and assembly after the members were thrown out of the 2000 festival for wearing matching motorcycle jackets – a violation of the festival dress code banning gang colors. A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld the constitutionality of the festival’s policy Monday.
The club is likely to appeal to the full Ninth Circuit.
While an insurance company covered the association’s legal fees, an indemnification agreement with the city forced the festival to pay for the legal fees it incurred. However, the festival considers the money well spent, said Brian Bowe, the executive director of the association.
“It is an investment in the future of the event,” he said. “Our event has raised over $7.5 million for the community. If we have to spend $82,000 to protect its integrity; that’s a necessary part of doing business.”
Garlic festival volunteers interviewed agreed with the expenditure.
“It’s unfortunate that the festival had to spend the money on the one hand, but it was something that had to be done,” said Bill Wenholz, who has volunteered at the festival since 1992 and been parking chairman for the past two years. “That rule was only put in place because we had problems.”
The festival had problems with gangs fighting in years before the dress code was put in place, he said.
“It’s a family event, it’s been a family event since the early ’90s, so we’re trying to keep it a family event,” he said.
If keeping the festival a family event involves sticking by the dress code, the association might have to continue paying legal fees. The motorcycle club is likely to appeal the recent decision by the federal appeals court, said Randolph Hammock, a Canoga Park lawyer representing the four members and the owner of a 2002 Harley Davidson Softtail. The case can either be brought back to the federal appellate court en banc – meaning it would go before the full Ninth Circuit, comprised of roughly 30 judges, or to the U.S. Supreme Court. The four members also have a civil liberties case pending against the association and the city.
“This could potentially drag on for many more years,” said Bowe.
Regardless of how long the legal battle takes, the festival will stand up for its principles, he said. While the club members are only asking for a change in dress policy to allow motorcycle jackets and reimbursement of legal costs incurred during the past six years, these are requests the festival cannot accommodate.
“It’s a very slippery slope,” said Bowe. “If we start to change where we draw the line, where do you stop. It might seem like too firm of a stance, but it’s just like raising teenagers, if you give them a little bit of room, they’ll try to take even more.”
