Jul 12, 2005

Judge Dismisses Case Against Fair Authority

By KATHY STEELE
ksteele@tampatrib.com

TAMPA - A circuit judge dismissed a lawsuit against the Florida State Fair Authority on Monday after ruling it has sovereign immunity as a state agency.

The lawsuit was filed in 2004 by the Environmental Protection Commission of Hillsborough County against the fair authority and Clear Channel Entertainment, which owns the Ford Amphitheatre.

The EPC has sought to halt concerts there until the media company assures that performances will not violate the EPC's noise regulations.

Judge Charlene Honeywell's ruling means that the fair authority cannot be sued unless specific exceptions are proved. She gave the EPC 10 days to amend its complaint.

Mark Bentley, an attorney for the EPC, said the new complaint would argue that noise violations qualify as a waiver of immunity for the fair authority and Clear Channel to be sued.

``We look at it as more a technical procedure,'' said EPC attorney Richard Tschantz. ``What we need to do is give [the judge] ammunition to find there are ways past this threshold issue and that they are not really immune.''

Clear Channel has denied that its concerts are too loud and says the EPC treats the amphitheater differently from other venues, including bars and clubs in Ybor City. Clear Channel built the arena on property it leases from the fair authority, and it claims it should share in the fair authority's immunity. That issue has not been decided.

Attorney Gordon Schiff, who represents the fair authority, said he hoped the ruling would spur interest in reaching a settlement.

``It's been our position since the beginning that filing a lawsuit was not the proper way to make progress,'' Schiff said.

Reporter Kathy Steele can be reached at (813) 259-7146.

This story can be found at: http://tampatrib.com/floridametronews/MGBP47JK1BE.html