The New York Times

May 31, 2003

Court Rejects Request to Stop Rock Concerts in Riverhead

By TINA KELLEY

The courts will not stop two rock concerts planned for Riverhead, N.Y., but the events' promoters still need to arrange for adequate police protection before the shows can receive the necessary permit from Suffolk County officials.

In State Supreme Court in Central Islip yesterday, Justice Robert W. Oliver refused to grant an injunction to stop the concerts, featuring Bob Dylan, Radiohead, and others, on two weekends: June 7-8 and Aug. 8-10.

The Pine Barrens Society and 18 individuals and civic groups had sued the concert promoter, Andrew Dreskin; the Town of Riverhead; and the Pine Barrens Commission, asking the court to block the events on the grounds that the 35,000 people expected each day would damage the environment, and that promoters had not arranged for enough police protection for the crowds.

"It's like Woodstock in the Pine Barrens," said Regina Seltzer, a lawyer for the nonprofit Pine Barrens Society. "They don't know what they're doing, and it shows. They've had three months to get approval and they haven't."

Justice Oliver, however, refused to halt the concerts, saying events drawing crowds of similar size had been held at the site of the concerts, the former Grumman plant.

Suffolk health officials denied the promoter's application for a mass-gathering permit on Tuesday, saying not enough officers had been hired to control traffic. The Riverhead Police Department has only about 75 officers, which is not considered enough to cover the concerts.

Both the county and the state police have rejected the town's requests for their officers to work throughout the event. In court, Mr. Dreskin said that he had hired up to 250 security guards for the events.

Mr. Dreskin said the concerts' promoters were exploring other options, including hiring officers from other Long Island towns. One of his lawyers, Maureen Liccione, said that once enough officers were hired and the local police approved the traffic plan, the Health Department would be able to grant the permit without a vote from the County Legislature.

But Derrick Robinson, an assistant county attorney, said in an interview that the County Legislature needed to approve such a permit, and that the Legislature is not scheduled to meet until after the concerts. Mr. Robinson said the county executive, Robert J. Gaffney, had refused to call a special meeting of the Legislature, and he said the only other person who could call such a meeting was out of state.

Richard Amper, the executive director of the Pine Barrens Society, said the environmental groups would not appeal the justice's decision. Ms. Liccione said Justice Oliver had dismissed all but three plaintiffs from the case because they did not have an adequate stake in its outcome.


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