By KEITH GRANT
Gil Bernardino, executive director of the local non-profit community organization, took the city to court on the grounds that the city had violated Circulo's First Amendment rights to freedom of expression when it clamped down on the scheduled four-day Memorial Weekend festival after its first night. City officials at the time expressed public safety concerns, claiming that the first night of the festival brought gang confrontations, an alleged gun firing on the beach, and other minor incidents to Long Beach. Bernardino denies that any such incidents ever took place, and said the city failed to prove any of the allegations in court.
It was an irresponsible decision by the city, he said. It was a violation of our rights. There was no a reason to cancel the festival. We fought it and we won.
Bernardino charged that the city had used selective enforcement, singling out Circulo when other festivals, such as the West End's Irish Day parade and celebration, are left alone.
Long Beach corporation counsel Bill Holst said the decision to close down much of the 1998 festival was a public safety issue.
The city did not cancel the event, it downsized it, Holst said, adding that the city will appeal the ruling based on First Amendment grounds.
Holst was pleased that charge against then-assistant city manager Gene Cammarato and other officials were deemed unfounded, along with Circulo's claim that the city treated them differently than any other group, Holst said. Circulo had also sued under equal protection granted by the 14th Amendment, but Holst said that allegation was rejected by the court. The eight-member jury instead ruled that the organization's free speech had been violated.
Circulo was awarded $425,000 in compensatory damages from the city, and $50,000 in punitive damages to be paid by Eaton.
The 1998 festival was to be the group's 13th and was set-up in space around City Hall, including Kennedy Plaza and the rear parking lots. The first night featured music, vendors, rides and cultural events, but afterwards was limited by the city to carnival rides, only. Bernardino said the crack-down cost them $125,000 in potential income.
Bernardino said the organization had hoped for a settlement with the city, and tried to work one out. It was not our preference to go through the courts, but the city gave us no choice. No one wanted to go this far. We were close to a deal. The city chose to go to trial.
Justice was done, he added.
Circulo has not held any festivals since, but officials are now looking forward to holding more festivals, possibly as soon as 2003.
Bernardino also hopes for a new and improved relationship with the new leaders within City Hall.
I'm hopeful that our relationship [with the city] can be restored.
