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Show Federal Court Lawsuit Planned in Hatch Beer Issue HATCH The Hatch Town beer ordinance, which may become part of a civil rights suit, was at issue again at last Thursday night's town board meeting. Salt Lake attorney, Kathryn Collard, specializing in civil rights issues, represented the Hatch Town Con- stitutlonal Rights Committee and outlined for town officials and some SO citizens the nature of the lawsuit she has threatened to file in federal court against the town. Collard said the basis of the suit is violation of the civil rights of Homer Dutton and other merchants who were denied the right to sell beer in Hatch. She also claimed that a more basic issue of separation of church and state is involved. 1 Collard said that in her opinion, a successful referendum in Hatch would also fail to resolve the matter, since the courts have previously held that the Lesa Owens, Panguitch, center, was crowned Miss Gar-Held County, with Michelle Liston, left, Escalante, se- cond attendant and JoAnna Loria, Bryce Canyon, first attendant. Eight competed for coveted title. majority cannot suppress the civil rights of the minority. She stressed to the board the seriousness of the issues involved and the potential expense involved for the town if the suit is filed. She asked town board members if their position against the sale of beer in Hatch was worth taking a "do or die stand." She pointed out the potentially far reaching effects such a serious lawsuit could have on a small community. Many Hatch residents expressed their desire to retain their traditional way of life in the small community in which alcoholic beverages have never been sold. They also questioned if their own civil rights were not being threatened. The businessmen's "loyalty to the town," for bringing suit against it, was questioned. Their attorney stated that her clients would prefer not being forced into the court action. Here, Dallas S. Bamhurst, bishop of the Hatch Latter-day Saints Ward, stressing that he was speaking for himself said "you haven't changed my feelings" about the beer issue; "we're not going to take your bluff." Legal counsel for Hatch Town, Russell Mahan, added "I don't see why you carry on the charade of wrapping your beer problems in a civil rights issue." Residents appeared frustrated throughout the evening in their attempts to ascertain from Attorney Collard how the town might avoid the lawsuit. Attempts to reach a solution by each side to avoid the lawsuit were met with distrust from the opposing side. Noting the apparent impasse, Mayor Mervin Bamhurst rose to his feet and observed "I think we're getting no where fast I don't think there have been any minds changed . . . this issue has been a long one and it's hurt all of us . . . I've heard a motion for adjournment, do I hear a second?" It appeared at the close of the meeting that unless the town altered its earlier decision and did a complete about face on the beer issue the lawsuit would become a reality. On the morning following the meeting, Homer Dutton, Harry York and Jim Hackbarth of the Hatch Town Constitutional Rights Committee submitted a letter to Hatch Town officials and offered to delay their federal court action until August 16 if the town would permit the sale of class A and B beer licenses beginning August 15, 1980; if the price of the license would not exceed $25 for a three month trial period and if beer sales and related items would be reviewed with the town of Hatch on November 15, 1980. The letter stated that the review of the trial period would provide the people of Hatch with information of facts and figures on which to predicate future decisions. When reached for comment, Dutton stated that as of Tuesday no comment had yet been forthcoming from Hatch town officials. The controversial issue, which has disrupted the quiet little town, pitting friend against friend, began in February with the board's discussion to consider the sale of beer within the town limits. At the March 6 meeting, the board amended the town's existing no-sale ordinance to allow for the issuance of a siv month or "seasonal" lippnse tn sell beer in the tourist oriented community. April's meeting, attended by a sizable portion of the town's population, found the town board adhering to their March decision even after a threat of legal action if they refused to rescind their new ordinance. Subsequently, on April 23, Leland Riggs, Hatch resident, filed a class action suit against the town seeking an injunction to prohibit the sale of beer licenses which would, in turn, prevent the ordinance from going into effect. The complaint, filed by Rigg's attorney, Russell Mahan, alleged that the ordinance was passed at a meeting which was illegal under Utah's "sunshine act." On May 1, Sixth Judicial District Judge, Don V. Tibbs granted the injunction. A special town board meeting was called for the evening of May 3 for the purpose of complying with the provisions of the sunshine act and legally reaffirming their previous vote to permit the sale of beer. In that emotionally tense meeting mayor Karl Lowder and councilmen Harry York and Lynn Evans, resigned before the issue of the ordinance was addressed. Since February, charges and counter charges had flown that members of the governing body of Hatch had been subjected to undue pressure, both from Panguitch LDS Stake Pres. Laurel Holman and Hatch LDS ward bishop Dallis S. Bamhurst, who opposed the ordinance and from merchants and citizens in favor of it. In a meeting held a week later, the two remaining councilmen, Mervin Bamhurst and Bob Evans appointed Leland Riggs, Wiley Huntington and Garth Heap to replace the three who had resigned; Mervin Bamhurst was appointed as mayor. Some Hatch residents complained that this meeting was also held in violation of the Sunshine Act. They also claimed that they, as non-members of the LDS church, felt intimidated and elected not to attend the public meeting. They felt excluded by the location and circumstances of the meeting set to lake place in the LDS church building during a church sponsored affair. Members of the newly appointed Hatch board opted not to reenact the previous board's ordinance permitting the sale of beer. In June, Hatch businessmen Homer Dutton, Harry York and Jim Hackbarth formed the Hatch Town Constitutional Rights Committee and hired attorney Collard to represent them against the town. |
