By Christopher Fox Graham | Sedona Red Rock News
The city of Sedona has unilaterally revoked all temporary use permits for events for the next eight weeks, including many private events taking place on private property but requiring a public permit, and some not scheduled until as late as May.
“The [Centers For Disease Control and Prevention] has issued guidance that all events with an anticipated attendance in excess of 50 people be cancelled for the next eight weeks at a minimum,” Sedona Assistant City Manager Karen Osburn wrote. “Furthermore, the CDC is making recommendations instructing people to avoid congregating and practice ‘social distancing.’ The city is cancelling all events in which we expect more that 50 people and many with less at city-owned facilities.”
“In light of wanting to adhere to this guidance, and our own cancellations of city events, it would be contrary [for the city] to issue permits for others to hold events that would attract potentially more than 50 people,” she stated.
Some temporary permit holders provided copies of their permits to the Sedona Red Rock News. The permits list nearly 20 conditions of approval, none of which include specific maximum attendance limits. Expected crowd sizes are also not in the canceled permits.
“Sedona’s policy decision to uniformly revoke all temporary use permits for events with anticipated attendance in excess of 50 people is prudent and fair. Paradoxically, most events probably benefit from such cancellation in the current market. If an event’s use permit is revoked by a governing authority based on conditions outside of the event’s control, the event is excused from its obligation to perform its event-related contracts under the doctrine of impossibility. A revoked use permit may be the difference between a cancelled event losing a small amount of money and a poorly attended event losing a large amount of money. Other jurisdictions have played favorites by cancelling some events but not others. Sedona’s policy is not only in line with current public health recommendations, but it is also sound economic policy. Ideally, the City should credit events any application fee paid should the event wish to reapply for a use permit at a safer date.” ~ Logan Elia, Partner and Litigation Attorney at Rose Law Group
