Bethel couple challenge $25,000 fine for Phish weekend concert

Roy Howard and Jeryl Abramson are challenging a $25,000 fine for advertising a planned concert and mass gathering on their property during the Phish concert this Memorial Day weekend.

Bethel fined the couple on grounds they’re prohibited by a 2007 consent order from holding concerts on their property – the former Yasgur Farm - or even advertising the events.

The town says they automatically violated the consent order by posting notices and selling tickets for an event with more than a dozen bands, vendors and parking for up to 1,300 cars.

Abramson referred questions about the fine to her attorney but said the couple do plan to proceed as advertised. More than 17,000 people are expected to be in Bethel each day for the concerts.

“Bethel Woods invited the people here, not Roy,” Abramson said.

The couple have five temporary camping permits but the town’s position is this entitles them to have a maximum of 250 campers, no vendors or live music.

Howard signed a consent order that specifically bans the couple from holding concerts without the town’s permission.

“There have been no violations of the court order,” said Kingston attorney Russell Schindler, who filed papers in Supreme Court.

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Schindler said if the couple has live music, this also will not violate the consent order.

“They have camping permits,” Schindler said. “Providing music and drum circles is incidental to camping. Camping involves sitting around the campfire and singing and telling stories. Music is consistent with camping.”

Roy and Jeryl own Max Yasgur’s former homestead about three miles from Bethel Woods, the site of the 1969 concert. They fought with the town and neighbors for 10 years until 2007 over large Woodstock reunions. The town’s code enforcement officer has already issued two violations for illegal camping on grounds that people were camping there before the permitted window for camping. Schindler said those tickets are bogus.

“There is nobody at the property,” Schindler said.

Schindler said Roy and Jeryl were baited into obtaining camping permits so the town could extract $25,000.

“The town is doing something strange,” Schindler said. “It appears to me that the town has essentially set them up by issuing the camping permit to prosecute them. This was a way for them, in my opinion, to come after Roy and Jeryl in a way that wasn’t fair.”

Supervisor Dan Sturm said the town will pursue the $25,000 fine and additional fines should the couple follow through with the advertised event.

“The law breakers had an opportunity to pay the fine, be good neighbors or go to court,” Sturm said. “To us it is a clear violation of the consent order…Roy and Jeryl are not allowed to have a concert, a gathering, a reunion or any other similar event.”

Bethel is allowing another business, the Dancing Cat Saloon, to build a temporary stage and have bands over the weekend. Sturm said the Dancing Cat is a legitimate business already holding live music inside the bar and restaurant. Roy and Jeryl could have sought a permit for a temporary stage, but chose not to.

“They could have come and tried to follow the process properly,” Sturm said. “They would get a fair shake with the town if they would do it the right way.”