City government screwin me!!! Is this legal

[ryanthomas]

I have a question concerning the rights of a entertainment / event promoter. In my city a law was supposedly passed recently. The alleged law states that all night dance events(raves)are prohibited.

My first question: is this legal?

second: can a law of this nature be passed without being on a public ballot?

third: an event that I have schedueled in the city auditorium is at risk. Since the event has been planned before the alleged law passed, and I have payed a deposit for the city managed venue of $1400; can I demand a refund, or secure my event at this venue?

I have several large dollar investents at stake plus a lot of time invested in this event, and may loose this money! Nonetheless have to make it up to ticket holders if the event does not go on! Please help!

Sincerly Thankful,
RTM

 

[Tracey]

1. Yes. A city can ban raves as a threat to public safety/drug haven/etc.

2. Yes. The whole point of having a council is so that they can pass the day to day laws without having a general election every month. However, if your city or state has a 'government in the sunshine' act, then a law must be properly published on the council meeting agenda before the council may vote on it.

3. You might be able to demand a refund under an "impossibility of performance" clause. The city rented you the hall for a rave, then passsed a law banning raves. Since one branch of the city is preventing you from obtaining the benefit of your bargain with another branch of the city, you should be able to get the contract recinded and get all your money back. However, the city attorney may take the position that your rave is grandfathered in under the new law.

Write the city attorney and ask him/her to either authorize your refund or affirm your permission to hold your event. Also, make sure your event really has been banned. you may be able to make some very minor changes that will take you out from under the law's scope.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.