By Christin Coyne
ccoyne@mineralwellsindex.com

Organizers of three large events that were planned for Palo Pinto County have accused Sheriff Ira Mercer of running them out of the county.

The sheriff says he is only enforcing the law and the county’s new ordinance dealing with mass gatherings.

Jim Bittle, who runs Possum Hollow Camp, said they said moved their July 4th Kevin Fowler concert and fireworks display to Young County and canceled the second annual Toadies concert after the sheriff talked with the land manager of the neighboring pasture they had been using for overflow parking for large events.

A motorcycle rally to benefit disabled veterans was also run out of Palo Pinto County in May, according to “Just Because” event promoter and organizer Paul Alford.

“All we’re trying to do is ensure public safety at these events, it’s not to be prohibitive,” Mercer said.

“I’ve caught a lot of flack … it’s not me that caused it,” Mercer said.

Large events have been given more of an eye by the county since the Labor Day Toadies concert at Possum Hollow last year.

In addition to the 20-person, hired security team – which included off-duty Mineral Wells police officers – and representatives from other law enforcement agencies, the sheriff’s department sent 21 officers to the event and made 43 arrests on 45 charges, according to Mercer.

The sheriff told the Index at the time there were 20 charges filed for possession of marijuana, two charged with possession of a controlled substance, 19 public intoxication charges, three disorderly conduct charges and one charge of a prohibited weapon – a knife.

Several weeks later Palo Pinto county commissioners approved a permit process for gatherings of over 2,500 individuals in unincorporated areas at the sheriff’s urging.



Possum Hollow events

Bittle said they began getting trouble from the sheriff at the meeting before the last Labor Day Toadies concert, though Possum Hollow’s other events, including the annual July 4th event with around 4,000 individuals and other large concerts on the property before the Labor Day fest, have had no problems.

“They [the sheriff’s office] were harassing people,” Bittle said.

Bittle said they have used the neighboring property as overflow parking for years after reaching an arrangement to clear the land of mesquite for the owner.

They would have capped attendance under 2,500 for this year’s Fourth of July event and worked with county officials to bring back the Toadies, according to Bittle, but found out they wouldn’t have the same parking arrangement this year, which Bittle attributes to a meddling sheriff.

Bill Kearney, who represents the owners of Red Hawk Ranch, which Possum Hollow has used for overflow parking, said he was unwilling to let Possum Hollow use the land for parking for their events after the 22 drug arrests reported by the sheriff at the concert last year.

A 60-acre fire broke out on Red Hawk Ranch land after the Possum Hollow fireworks show last July – which might have been coincidence and Possum Hollow helped fight it – but Kearney said was not aware Possum Hollow was using the land for parking for the Toadies concert until he was called by the Lake Country Sun.

“We never agreed to the Labor Day event,” Kearney said.

Kearney said he bumped into the sheriff in the spring and asked about Possum Hollow’s plans and was told the Toadies were planning on coming back and were going to have a meeting with the sheriff.

Kearney said he later told Possum Hollow they had to have everything in order with the sheriff and gave him a call. He later informed Possum Hollow they could not use Red Hawk Ranch land for parking.

Mercer said Kearney called him early in April and followed up with a letter.

“I did not contact [Kearney],” Mercer said.

“It’s not the sheriff, it’s the people attending,” Kearney said, referencing the 22 drug arrests. “I also think residents around the lake are not very happy with it.”

“There was too much potential liability,” Kearney said. “Most importantly we weren’t being compensated.”

Bittle said they looked into using BRA land but said they aren’t leasing since the divestiture began. Other neighbors with 10 acres of land available for parking are far enough away that they would need to bus people to Possum Hollow, which is costly, according to Bittle, so the event was moved to Young County.

Dale Brock, manager for the Toadies, said they have never had that kind of trouble at any other concert and would have liked to come back to Possum Kingdom but due to lack of parking had to move the Labor Day concert to Glen Rose.

The Toadies song titled “Possum Kingdom” is on of their biggest hits.

“He’s cost Palo Pinto County,” Bittle said, estimating they will be out at least $15,000 to move the July 4th concert and won’t be bringing in any revenue from the Toadies concert they lost.

The July 4th event is now a bring your own beer concert so they won’t be ordering 250 cases of beer from O’Neal Distributing this year, Bittle said, and added that area hotels, including in Mineral Wells, usually fill up for events like the Toadies concert.

“I wonder how many more times the taxpaying public wants me to have to spend $5,000 … for a private event,” Mercer said, referring to the wages for the 21 officers for the 13 hours they worked the Toadies concert.



Motorcycle rally

“I contacted the promoters [of the motorcycle rally] … said it was a violation of the law if they didn’t get an application,” Mercer said. “I said it was fine if they keep it under 2,500.”

Paul Alford said they agreed to count and keep attendance under 2,300 and were asked to come to a meeting.

“I said fine, keep it under 2,500,” Mercer said.

“He told me and the property owner to come meet with him at his office on Monday morning to get on the same page,” Alford said. “We arrived at the sheriff’s office only to be invited behind the bars of the jail for our meeting which turned out to be nothing more than an act of intimidation to show that he was in control.”

Bittle and the Toadies manager, Dale Brock, said they were also invited to meet with the sheriff earlier in the spring when discussing the possibility of another Toadies concert and the July 4th event and were shown into a room behind several locking doors inside the jail which was filled with 20 to 30 law enforcement officers.

The sheriff said only interested agencies came to the three meetings, including the Brazos River Authority, Texas Parks and Wildlife, the Department of Public Safety, the Texas Alcoholic Beverage Commission and Palo Pinto County constables.

“It’s not uncommon we have to go to that room,” Mercer said. “It’s called the multipurpose room.”

The office conference room was being remodeled or holding other offices during renovation work for several weeks in April and May.

Alford said he and the landowner, Bob Popplewell of Rivercrest Camping Park, faced hostility at the meeting.

“It felt like nothing but a mob,” Alford said.

“[The sheriff said] ‘if a fight or fire breaks out on the property I’m going to back out all my men and let everybody burn and take the winners and you to jail,’” Alford said.

“I told promoters in our initial conversation that should a riot occur during the proposed even and the participants try to burn the place down, my department would have to back out and watch it burn,” Mercer wrote in a letter. “What I meant by this statement, as I believe any reasonable person could infer, is that I would not have the manpower to control a mass revolt or uprising of that size with my limited resources. This comment was made when I was advised by the promoters that they intended to have three off-duty Mineral Wells police officers as security for 5,000 bikers.”

Alford said they agreed to have no alcohol at the event but were then told that their plans for parking along the access road was an issue.

“The organizers purported to have permission from Texas Department of Transportation [to park along Interstate 20],” Mercer said.

Mercer said he called TxDOT and was told they were not allowed to park in the right of way.

According to Mercer and Alford, they were told that every vehicle parked along the interstate would be towed.

Alford said he cancelled the event two days before it was supposed to take place before he was offered another venue in Parker County.

“[The sheriff] kept telling me, there’s an undercurrent of information [that] things are going to happen [at the event],” Alford said.

Palo Pinto County law enforcement weren’t the only ones giving him a hard time, according to Alford. Alford said Homeland Security and Fort Worth police followed him during the days before the event and at least eight bikers were stopped by DPS before they arrived at the Parker County event.

Around 30 people showed up and the event was a flop, according to Alford. No money was raised for disabled veterans and he said he was out $4,000 as the promoter.

“My beef was not with veterans,” Mercer said. “They weren’t following the law.”

“I’ll burn the barn down to get rid of the rats,” Mercer said, referring to those who don’t follow the law.



Other events

Jane Baldwin, of Double J Hacienda and Art Ranch, said Mercer called her after the announcement of the Bob Livingston concert ran in the newspaper asked how many people she was expecting.

Baldwin said she told him they usually have about 50 people show up for their more intimate concerts.

County Judge Mike Smiddy said his office has received no applications for a mass gathering permit and has had no complaints.

The county adopted the process required for gatherings over 2,500 people according to the state health and safety code, according to Smiddy. Any events with over 2,500 attending who did not get a permit, even before county commissioners touched the issue, were not following state regulations, Smiddy said.

“I’m not against anybody having anything as long as it complies with state law,” Smiddy said.

Mercer said the law does not apply to events like the Hell’s Gate fireworks show put on by the Possum Kingdom Chamber of Commerce, which attracts about 1,500 people plus those gathered on the water and around the YMCA land, or area football games because none of those events have 2,500 people and don’t gather money.

“I have no opinion about having events in the county,” Mercer said. “I want to make sure they follow the rules and law … I want it to be they get their application and have no problems.”