MONTICELLO - Rock and roll is here to stay at least through the scheduled weekend in August when "A Day in the Garden" is planned.

On Friday, U.S. District Court Judge Richard Casey denied a preliminary injunction sought by Roy Howard in a lawsuit against the Town of Bethel, Sullivan County and Allan Scott, following a hearing Friday afternoon. In his ruling, Casey said Howard proved neither that he would suffer irreparable harm nor that he was likely to win the case if it continues the two critical issues involved in the granting of an injunction.

"The judge was extremely well prepared and it was clear from his questions that he believed Roy [Howard] had failed to make the case," said Sullivan County Attorney Ira Cohen, who attended the hearing. "For this year at least, the court found everything that’s been done has been proper."

Howard said the lawsuit he filed did not necessarily seek to prevent the planned three-day event at the former site of the Woodstock concert. He said that what he was looking for was fairness in the application of both the town and county mass gathering laws.

"I want the same rights [the Gerry Foundation] are getting," Howard said. "There are a lot of people who are going to show up who can’t afford or are not willing to pay $75 or $80 a ticket. All we want to do is use my property as a place people can land."

Howard, who owns a little more than 100 acres of the former Yasgur Farm, attempted to hold an event on his property in 1997 but was halted when the town filed for an injunction. Although he stopped publicizing the event and posted no trespassing signs on the property, an estimated 2,000 came anyway and the town prosecuted him for contempt of court.

That case was dismissed earlier this year.

"It’s a shame that when we get something that’s good for the economy of the town and good for the county that someone has to take action to prevent it from happening," said Bethel Supervisor Allan Scott. "Roy Howard was always treated fairly and equally in all cases."

One thing that worked against Howard during the hearing was his failure to file for permits for his event. During the hearing, Casey repeatedly asked Howard’s lawyer, Michael Sussman, if Howard had ever applied for permits and if not, why. He never seemed satisfied with the lawyer’s response.

In addition, Casey found that the contract between the Bethel Local Development Corporation and the Gerry Foundation was reasonable and that it was not uncommon for municipalities to have their expenses reimbursed.

Cohen said, however, that Howard’s lawsuit did raise some questions that might need to be addressed in the coming months.

"When the mass gathering laws were passed in 1970, they were done to make it nearly impossible for someone to comply," Cohen said. "They were passed to make sure that there would never be a reoccurrence of anything like Woodstock. There is still a need to regulate events like this, but maybe accommodations need to be made for people like Roy. These types of events are things the county wants to encourage and it may be time to fully re-examine the mass gathering laws."