Council approves outdoor concerts at park

By Michael Theis
Chronicle staff
The Shepherdstown Town Council voted unanimously Tuesday night to approve two upcoming concerts, a Labor Day celebration and a charity concert to benefit the Save Darfur Coalition, at Rumsey Park on Mill Street.
The Labor Day celebration is set to take place from 3 to 8 p.m. Sept. 5 and is hosted by the Rotary Club of Shepherdstown. In a letter to the Town Council, Shepherdstown Rotarian Carl Moore said the event would be similar to a picnic and concert at hosted by his organization at Rumsey Park on Independence Day.
The Darfur benefit concert is scheduled for 4 to 9 p.m. Aug. 29. All proceeds from this event will go to the Save Darfur Coalition, an international humanitarian group working to raise awareness about the humanitarian situation in the war-ravaged Darfur province of Sudan.
Two residents of Mill Street had protested the planned concerts, fearing that increased concert activity at the municipal park would threaten the local wildlife, negatively impact the quality of life for residents on Mill Street and drive down property values. One of the protesters, Mill Street resident Patrinka Kelch, was present at the Town Council meeting.
“I resent that the government is forcing an open-park drinking bar on me, with a loud speaker hook-up,” Kelch said.
“It’s unfortunate that others who are opposed to this are unwilling to come forward,” Kelch later told the Chronicle.
“By way of the democratic process, I am grateful to be able to speak out in opposition to these concerts and the Shepherdstown government’s continually waiving the alcoholic beverage ordinance, but not consistently. One group has the law lifted to sell alcohol at their event, another group has the open container law lifted. So the government applies, or does not apply, the law the way they choose instead of applying the ordinance properly.
“Why have the law at all?” she continued. “I must say, by precedent, it looks as though the Shepherdstown government will drop the law altogether. It looks peculiar that for one person walking down the street with a beer is unlawful, but yet it is OK for 500 or more people with open alcohol containers on government-owned property. Duh!”
Eight of the 11 households on the Mill Street block closest to Rumsey Park were contacted for this article. The only ones with any complaints were Kelch and another neighbor who did not want to be identified. All the other neighbors contacted for this story were in favor of the concerts, with one declining to comment.
Toby Wilson, a Mill Street resident since 1987, said she really enjoyed the Rotary Club’s Independence Day concert, and looks forward to future events.
“I’m glad to see they’re using the park, and the Rotary (members) have done a lot to clean it up so they can host stuff like this,” Wilson said.
Mary Beth Kilmer, another Mill Street resident who lives almost directly across from the entrance to the park, said the July 4 concert was great, and she looks forward to other events at the park.
“It wasn’t loud at all,” Kilmer said. “It’s the perfect spot for it, and the next day everything had been cleaned up.”
Mill Street resident and Shepherdstown Parks and Recreation Committee member John Meeker said he’s looking forward to both events.
“I’d like to thank the people whose opposition has helped create so much publicity for these concerts,” he added.
During a folowup interview with the Chronicle Wednesday, Kelch further explained her opposition to the concerts.
“Mayor Jim Auxer indicated to the Council Tuesday that a precedent has not been set,” Kelch said. “But precedent means, according to the Webster’s New World Dictionary, ‘an act, statement, etc. that may serve as an example or justification for a later one.’ So, therefore, a precedent has been set because the same group came back a second time Tuesday for approval, indicating that they would follow the same guidelines set by the Shepherdstown governement for the July 4 event. They were approved.
“The goverment could potentially look for this group to ask again, by way of precedent. It’s innapropriate for Council members to say ‘we might deny outside people to use a public park.’ The government could potentially open themselves up to a discrimination lawsuit.”
Council approves outdoor concerts at park

By Michael Theis
Chronicle staff
The Shepherdstown Town Council voted unanimously Tuesday night to approve two upcoming concerts, a Labor Day celebration and a charity concert to benefit the Save Darfur Coalition, at Rumsey Park on Mill Street.
The Labor Day celebration is set to take place from 3 to 8 p.m. Sept. 5 and is hosted by the Rotary Club of Shepherdstown. In a letter to the Town Council, Shepherdstown Rotarian Carl Moore said the event would be similar to a picnic and concert at hosted by his organization at Rumsey Park on Independence Day.
The Darfur benefit concert is scheduled for 4 to 9 p.m. Aug. 29. All proceeds from this event will go to the Save Darfur Coalition, an international humanitarian group working to raise awareness about the humanitarian situation in the war-ravaged Darfur province of Sudan.
Two residents of Mill Street had protested the planned concerts, fearing that increased concert activity at the municipal park would threaten the local wildlife, negatively impact the quality of life for residents on Mill Street and drive down property values. One of the protesters, Mill Street resident Patrinka Kelch, was present at the Town Council meeting.
“I resent that the government is forcing an open-park drinking bar on me, with a loud speaker hook-up,” Kelch said.
“It’s unfortunate that others who are opposed to this are unwilling to come forward,” Kelch later told the Chronicle.
“By way of the democratic process, I am grateful to be able to speak out in opposition to these concerts and the Shepherdstown government’s continually waiving the alcoholic beverage ordinance, but not consistently. One group has the law lifted to sell alcohol at their event, another group has the open container law lifted. So the government applies, or does not apply, the law the way they choose instead of applying the ordinance properly.
“Why have the law at all?” she continued. “I must say, by precedent, it looks as though the Shepherdstown government will drop the law altogether. It looks peculiar that for one person walking down the street with a beer is unlawful, but yet it is OK for 500 or more people with open alcohol containers on government-owned property. Duh!”
Eight of the 11 households on the Mill Street block closest to Rumsey Park were contacted for this article. The only ones with any complaints were Kelch and another neighbor who did not want to be identified. All the other neighbors contacted for this story were in favor of the concerts, with one declining to comment.
Toby Wilson, a Mill Street resident since 1987, said she really enjoyed the Rotary Club’s Independence Day concert, and looks forward to future events.
“I’m glad to see they’re using the park, and the Rotary (members) have done a lot to clean it up so they can host stuff like this,” Wilson said.
Mary Beth Kilmer, another Mill Street resident who lives almost directly across from the entrance to the park, said the July 4 concert was great, and she looks forward to other events at the park.
“It wasn’t loud at all,” Kilmer said. “It’s the perfect spot for it, and the next day everything had been cleaned up.”
Mill Street resident and Shepherdstown Parks and Recreation Committee member John Meeker said he’s looking forward to both events.
“I’d like to thank the people whose opposition has helped create so much publicity for these concerts,” he added.
During a folowup interview with the Chronicle Wednesday, Kelch further explained her opposition to the concerts.
“Mayor Jim Auxer indicated to the Council Tuesday that a precedent has not been set,” Kelch said. “But precedent means, according to the Webster’s New World Dictionary, ‘an act, statement, etc. that may serve as an example or justification for a later one.’ So, therefore, a precedent has been set because the same group came back a second time Tuesday for approval, indicating that they would follow the same guidelines set by the Shepherdstown governement for the July 4 event. They were approved.
“The goverment could potentially look for this group to ask again, by way of precedent. It’s innapropriate for Council members to say ‘we might deny outside people to use a public park.’ The government could potentially open themselves up to a discrimination lawsuit.”