Deputies' lawsuit against fair upheld

By: STACY BRANDT - Staff Writer | Tuesday, August 30, 2005 11:37 PM PDT ∞

SAN DIEGO ---- A federal judge sided with sheriff's deputies Tuesday and refused to dismiss a lawsuit over a San Diego County fair policy that bans off-duty officers from bringing guns into the venue.

U.S. District Court Judge Irma Gonzalez denied a request by county fair organizers to dismiss the lawsuit that the Deputy Sheriff's Association of San Diego County filed against them, a court clerk said. Deputy Attorney General Deborah M. Fletcher, who represents the fair's general manager, Timothy J. Fennell, and the 22nd District Agricultural Association, which operates the fair, had asked that the lawsuit be dismissed because the fair is over this year and the issue no longer exists.

However James Duffy, president of the deputy's association, said the fair has had the same restriction for three years, and he sees no reason to believe it won't happen again next year.

"We're still heading towards having a trial," said Duffy.

No date has been set for the trial, but Duffy said he hopes it's before next year's fair in June.

Gonzalez granted a temporary injunction against the no-guns policy June 27 after attorneys for the officers argued that the ban violated civil rights and federal law.

Duffy said the association filed the civil lawsuit to force the organizers of the county fair to follow federal law after several law enforcement organizations expressed concern that off-duty officers and their family could find themselves in dangerous situations and not be able to defend themselves.

"I am pleased that the judge sees that there is still merit in proceeding with the issue, but I'm frustrated that the Del Mar fair board continues to use public money to defend an action that's clearly in violation of federal law," he said. "It's unfortunate that you and I are paying for this shortsighted policy to be defended."

Calls to Rick Pinckard, who is representing the agricultural association, and Fletcher were not returned Tuesday.

A panel of agricultural district and law enforcement officials will be established within the next month or two to review the policy and look into whether it will be changed next year, said Linda Zweig, fair spokeswoman.

Duffy said the only solutions he sees to the situation are either for the fair to allow off-duty officers to carry weapons into the event as they have in the past or for the state Legislature to pass a law forbidding it.

Contact staff writer Stacy Brandt at (760) 761-4414 or sbrandt@nctimes.com.