Jun 22, 2009 - 05:38 PM

By Jillian Follert

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OSHAWA -- It was the first punk rock concert to play the Memorial Park band shell and it may very well be the last.

On Saturday, a cancer fundraiser featuring Toronto punk band The 3Tards, ended on a sour note for fans and organizers.

Band promoter Tamara Morahan said the group -- which had a permit to use the park from 1 to 8 p.m. -- encountered set-up delays because of the rain, and were running about an hour behind schedule.

By the time the headlining 3Tards took the stage at 7:40 p.m., there wasn't enough time to play a full set.

"We asked the City if we could go a bit late, maybe until 8:30, we begged them just to get one or two more songs in," Ms. Morahan said, adding the band especially wanted to play its song titled Oshawa. "At 8:04 p.m. they pulled the plug with no negotiations. "

The decision elicited jeers from the crowd of about 300 fans, many of whom stood in the rain for hours, waiting for The 3Tards to play.

Durham Regional Police spokeswoman Sgt. Nancy Van Rooy said that's when police got involved.

"Things were a little bit out of control," she said, noting some patrons were intoxicated and refused to leave the park peacefully, while others poured bubble bath in the Memorial Park fountain. Police also removed a fan who they felt was being too rowdy in the mosh pit.

Sgt. Van Rooy said three people were arrested under the Liqour Licence Act, while others were temporarily held by police until they sobered up.

Bystander photos snapped at the concert show police dragging one concert-goer on the ground by his arms, and kneeling on the back of another attendee who was pinned face down on the ground.

It's not what organizers envisioned when they planned the event.

The 3Tards have a big following in Oshawa. Before disbanding for good this summer, the group decided to play a farewell show here, while raising money and awareness for breast cancer.

The concert was planned as a free, outdoor event featuring local punk bands as opening acts, with merchandise sales to raise funds for the Canadian Breast Cancer Foundation.

City councillors were suspicious of the event off the top, refusing to waive the fees for use of the park and initially balking at requests to help promote it.

They worried about rowdy behaviour, drinking, offensive lyrics and property damage -- concerns Ms. Morahan said were only raised because of misconceptions about punk music and its fans.

The promoter believes police and City officials were heavy handed because of preconceived notions.

"They were expecting there to be trouble and they created trouble," she said. "Would they have done this if it was any other event? No."

Mary Creighton, director of recreation and culture services for the City, said staff from her department were at the concert and made the tough decision to shut it down just after 8 p.m.

"Throughout the day police had been dealing with noise complaints and because of that, we decided at 8 that it was time to end," she said.

Ms. Morahan said they turned down amplifiers, guitars and vocals after receiving complaints. Organizers also purposely made the event an afternoon show, to ensure nearby residents wouldn't be inconvenienced by noise late into the night.

Regardless, Ms. Creighton said the City has to take noise complaints seriously.

"The bottom line is, it's our property. We have to make the best decisions for the concert owner and participants and the surrounding community," she said.

There is no hard and fast curfew for concerts at Memorial Park. Each one is governed by its own contract between the user and the City and many go well past 8 p.m.

The City's Concerts in the Park series will see the Oshawa Civic Concert Band play Memorial Park every Wednesday evening this summer with shows starting at 7:30 p.m., while this year's Jazz and Blues Festival free concert in the park will run until 11 p.m.

In a letter to the City and council, 3Tards bass player Andrew Ryan Fox asks why officials couldn't have shown some discretion and allowed the band to play a few more songs.

"Shame on you for making a few guys from Toronto, who wanted nothing more than to entertain your town and raise a few bucks for a good cause, question whether we should ever bother trying to do something like this again," he wrote.

3Tards fans have started a letter-writing campaign asking the City to make amends by allowing the band to play at Oshawa's annual Canada Day celebration at Lakeview Park.