Tag Archives: blue laws

Aug 27 2016

2016: How To Deal With Cops At Burning Man

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Some free advice from Mark Atwood, updated for this year. Last year there was a huge spike in arrests, including one for kidnapping. This is not legal advice, please consult an attorney to understand your legal rights at Burning Man – eg Lawyers For Burners

(Feel free to print out, share, and repost. This work is licensed under a Creative Commons Attribution 4.0 International License.)

How to deal with cops at Burning Man, (2016 update)
by Mark Atwood

Do not consent to a search.

Never consent to a search. Say the phrase “I do not consent to a search.”

The cops are trained to make you flustered and to “take command” of the situation. Or they can be “polite”: “Mind if we take a look around?” Yes, you mind. “I do not consent to a search.”

Even if you have nothing for them to find, ALWAYS say “I do not consent to a search.”

Never consent to a search of your body, of your clothing, of your possessions, of your car, of your truck, of your trailer, of your RV, of your tent, or of your camp. You especially never consent to the search of anyone else’s property.

They can ask the other people in your group or in your car, not just the driver or leader. “Mind if we take a look?” You should all sing the same song: “I do not consent to a search.”

Even if they threaten you with arrest or if threaten to bring a sniffing dog, continue to say “I do not consent to a search”. Even while they are searching you or your stuff, continue to say it. “I do not consent to a search”.

Being Questioned.

Cops can ask you questions.

They may say things like “We’re just talking”, or “What do you think of …?”, or “Can you help us out?”

You do not have to answer their questions, and probably shouldn’t.

They can ask you where your camp is, and who you are camping with.
You don’t have to answer them.

Never answer any questions about recreational drugs.

Never answer any questions about recreational drugs.

Remember, you never take drugs, you never carry drugs, you never supply drugs, you have no idea where to get drugs, you don’t want any drugs, and you don’t know anyone who does.

That includes cannabis in any form. Cannabis is still illegal on Federal land, even for medical use.

If you are a Nevada resident in November, remember to vote for the Nevada Marijuana Legalization Initiative.

Don’t lead them to your camp.

They may try to get you to lead them to your camp.

They can be very commanding and matter of fact about it, they may say “We’re going to your camp.” They will make it sound as if you have no choice. You do have a choice, and you are going to chose to not to lead them to your camp. Never lead them to your camp.

If they really really insist on you leading them somewhere, then lead them to a Black Rock Ranger outpost.

Keep your tent closed.

Always zip your tent closed when you are not in it. If possible, use screens or sheets to block transparent window screens, so there is no line of sight into your tent. You may want to use a luggage lock to lock the zipper of your tent when you are not in it.

If your tent is zipped shut, they need a warrant to open it, or they need your consent. They probably won’t have a warrant, and you are not going to give them your consent, remember? “I do not consent to a search.”

Your name and your ID.

If they ever stop you, you do have to tell them your correct “wallet name” as it is printed on your official ID. Cops are deeply and profoundly uninterested in arguments about “dead names”. Tell them your name as it is printed on your official ID, driver’s license, or passport. You do not have to show them your ID if they ask to see it. You especially do not have to go to your camp to get your ID for them.

If you are a not a US citizen and are visiting on a visa waiver program, you do not have to carry your passport with you. If you are a resident alien on a visa (e.g. you have a “green card”), you do have to carry your green card with you. Sorry about that.

Being Detained, or “Am I free to go?”.

The magic phrase is: “Am I free to go?”

Keep saying it. As soon as they say “yes”, walk away immediately, swiftly, and without another word. Do not run, just walk.

If they write you a ticket, you must take it. Put it in your pocket, and then you say “Am I free to go?”

If they ever say you are not free to go, you say “Am I being arrested?”. If they say “no you are not being arrested”, you say again “Am I free to go?”. Keep it up as many times as necessary. Yes, it will sound like a stupid kid game, like “stop copying me”, but the game is very real with very real stakes, and this is their game to win, and yours to lose.

 

Being Arrested.

If they ever say anything like “you are under arrest”, or ever do anything to make you think you are being arrested, such as them restraining you in any way, you must immediately say the following magic phrase (memorize it!): “I do not consent to any search. I hereby invoke my right to remain silent. I want to speak to my attorney.” And then you SHUT THE FUCK UP.

Do not say anything at all about your arrest or why you may have been arrested, until you are talking in private with your attorney. Not with those cops, not with any other cops, not with any onlookers, not with anyone else who was arrested, not with anyone who is being held with you. Not even with your campmates, or with your friends, or even with your family. Even your spouse. Assume the police car, transport van, and holding cells are bugged. Assume the cops will lie about what you tell them. Assume everyone else will testify against you. You invoked your right to remain silent. Now use it.

Alcohol.

The camps with open bars that are giving away booze may ask to see your ID to verify you are older than 21 years. You don’t have to show it to them, but they don’t have to give you free booze either, and they probably won’t, fearing a bust.

If you are giving away booze, including beer or wine, and the person you are about to give it to looks like they could possibly be under 21, you should verify their age by checking their ID. The state liquor cops will be there, trying to bust you with stings.

Even if your camp is not running a public bar, random people will in fact walk into your camp and ask for booze. You will almost certainly have an under-21 plainclothes liquor cop walk into your camp at least once during the week, trying to sting you. Be aware, an alcohol service bust is an expensive way to ruin your burn for your entire camp.

And even if the person asking for a free drink is not a cop, it’s rude and against the burner ethos to beg for a gift.

 

Who Watches the Watchmen?

While the cops are dealing with you, you need to be memorizing the color and design of their uniforms, and if you can, their nametags and their badge numbers. They are *supposed* to be wearing visible nametags. Yeah, right.

As soon as you get away from the cops, go to Center Camp, or to a Black Rock Ranger outpost, and fill out a Law Enforcement Feedback Form and turn it in.

If you personally with your own eyes see the cops detaining anyone, arresting anyone, or searching anyone or anything, it is an act of Civic Responsibility (Principle 7) and a Gift (Principle 2) to Participate (Principle 9) in the burner community to memorize what you can, and then fill out a Law Enforcement Feedback Form.

Your camera.

When you see the cops in action, you may choose use your camera to record them. The judiciary at all levels has clearly stated that everyone, including you, have the right to record the police, as long as you don’t physically obstruct them. Cops hate it, but too bad.

If the cops tell you to turn off your camera, don’t do it.

They cannot lawfully order you to stop recording, they cannot lawfully order you to delete photos or video, and they cannot themselves lawfully delete any photos or video. If they do any of these things, they themselves are knowingly breaking the law, and that will be very useful in court. If they threaten to arrest you for recording, keep recording.

If you ever see a cop order anyone to stop recording or to delete anything, make sure that goes on the Law Enforcement Feedback Form.

While you are recording them, never get in their way, and stay back 35 feet / 10 meters. That’s tazer range.

“Undercover” cops.

The cops claim there are “very few” “undercover” cops at Burning Man. This is a very carefully nuanced untruth.

This art car was revealed to us in 2013 by a whistleblower, as full of undercover cops.

This art car was revealed to us in 2013 by a whistleblower, as full of undercover cops.

There are cops at the event who are not “undercover”, but instead are “plain clothes”. This means that instead of wearing duty uniforms and visible badges, they are instead dressed up in costume to look like burners.

They do not have to tell you they are cops when you ask them. You will not be able to “sense” that they are cops, until they bust you. Some of them have been doing this every year for more years than you have come to Burning Man yourself.

People have been busted by a cop who was wearing only sparkles and a miniskirt.

If someone you do not know asks for drugs or offers to trade you anything for drugs, they are a cop. If you met them this year at this Burn, you do not know them.

If you met these two girls a few days ago looking at art out in deep playa, and they are really cute, and they went out dancing with you last night, and they just suggested that if you can supply some “favors”, you all can “party together” in your tent, they are cops. No, really, yes, she and her girlfriend both are cops, and her coworkers are standing by to ruin your whole year.

What if I need “Police Services”?

What if you are lost? Or a camp mate is lost? Or your child is lost? Or you have found a lost child? Or you have found a lost fellow burner who is injured or is unable to take care of themselves? What if you are assaulted? What if something has been stolen? What if someone is hurt? What if you are really too high? What if you just can’t even?

Go to a BLACK ROCK RANGER, or to a ESD volunteer or station, not to a cop. The Rangers or ESD will help deal with the situation, and if the cops are actually needed, the Rangers or ESD can summon them and can deal with them. If the cops are not needed, then the Rangers or ESD can summon the right help for you.

Know what the Black Rock Ranger uniform is, and how it’s different from the cop uniforms. Rangers wear khaki shirts and khaki hats with the Burning Man logo on their hats, on their chests, on their backs, and on their vehicles. ESD have yellow shirts that say “Emergency Services” on them.

Have a great Burn!

Jul 25 2016

What Could Be: A Look At Australia’s Idiotic Lockout Laws

By Terry Gotham

For the Aussie Burners, this is going to be old news, but I wanted to take some time to explain what’s occurred across Australia, as it relates to the continued specter of clamp-downs, permit-driven events and the challenges cities like LA & NYC present to even the most seasoned producers. Lockout laws have eviscerated the once legendary Australian nightclub & dance music scene. After following the story for months and seeing a second Australian state engage in this idiocy last month, I couldn’t stay quiet anymore. New South Wales is one of the fronts in the war against drug checking, with pill testing being done at festivals, despite government bans or restrictions. The parallels between our fights provide opportunities for learning, while showcasing champions of harm reduction, like Alex Wodak, president of the Australian Drug Law Reform Foundation and business leaders willing to stand against the pearl clutchers.

Since 2010, lockout laws (laws forcing bars & clubs to stop serving alcohol and shut their doors early) have been enacted across Australia. In Sydney, a survey way back in January purported to find that 68% of NSW (the state Sydney is in) residents supported lock outs. This was interesting because a similar number (60%) also said they considered the city unsafe on a Saturday night. In the United States, in a lot of suburban areas, I bet you could probably find similar levels of support for Blue Laws (laws that prevent the sale of alcohol) and dry ( totally alcohol free) counties. In Baltimore, for example, last call is at 1:30, sometimes earlier, which ensures a lot of drunk people end up on the street, sometimes, before they’re ready to leave. The survey didn’t provide location data or any real information on demographics, only 353 people were polled, and it was sponsored by The Foundation for Alcohol Research & Education, an anti-alcohol advocacy organization, we can see who could be on the other side. There’s a healthy amount of fear-mongering going on, which is surprising, given that Sydney was voted the safest city in the world as recently as 2013, as referenced by their own Tourism page. Oh, and for anyone keeping score, dry counties in the USA have severe meth problems. But, enough about hyperbole and exaggerated claims. What’s actually happened in Sydney?

  • Introduction of 1:30a “lock-outs” (if you leave you can’t go back in) & 3a last drinks.
  • State-wide shuttering of liquor stores at 10p.
  • On-The-Spot Fines of up to $1,100 for disorderly conduct or disobeying a police officer.
  • Police allowed to impose “immediate” precinct ban of up to 48hrs to anyone they see fit.
  • Freeze on new liquor licenses (even if venues with existing licenses shut their doors)
  • A couple of good things, like free buses.

Over the last 4 years, King’s Cross, a storied region for bars, clubs & restaurants in Sydney has lost 84% of its foot traffic, forcing 40% of small nightlife based businesses in the region to close. Oxford Street, another thoroughfare, lost a similar 82% of foot traffic, with a commensurate drop in revenue. Venue after venue has closed their doors for the last time. This is salt in the wound to a nightlife market that saw a 60% drop from 2010-2012 when precursor regulations kicked in. The only institutions that are exempt from these laws are casinos, which is hilarious and terrible. If a casino is the only place you’re able to drink after a certain hour, how long before you decide to play some slots with the change from your late night snack? How long until you start going out on the weekends just to go to play blackjack? I think we can agree that Las Vegas casinos can be nice and all, but casinos at large can be exceptionally predatory, much more so than a live music venue or even a bar, that’s the reason why it is better to go to an online casino like www.PokieGuide.nz, it is so much better. And they do so, because it’s staggeringly profitable for them to do so.

The Star Entertainment Group, one of the larger gaming groups in Australia, has seen its share price more than double over the last 3 years, from $2.30 in December 2013, up to $5.74 as of July 18, 2016. This increased revenue comes not only from Casinos being open later, but being there to grab customers who are looking for places to go now that 40 of their favorite live music venues have closed. Additional revenue comes from relaxing restrictions on daily gambling limits for gamblers with a problem, which is about as gangster as you can get. While the UK is protecting venues, Australia might as well be burning them to the ground.

The pretext for these laws includes a campaign to raise awareness about “one punch” attacks, a rash of overhyped violence similar to the “Knockout Game” that occasionally pervades the news cycle here in the United States. Penalties for “random” or “drug and alcohol fueled” violence are varied across the country, but were implemented after a couple of high profile assaults had conservative forces attempting to crucify live music in punishment. These laws didn’t reduce the assault levels, but that didn’t stop sitting members of government from saying they did.

Matt Barrie, prominent businessman & founder at Freelancer.com has spent the last several months rigorously documenting how bad these laws are. His first article, “Would the last person in Sydney please turn out the lights?” was exhaustively researched and exceptionally well-received was the #1 read article on LinkedIn when it dropped in February. His second one, is even longer & more exhaustively researched. If you’re into this kind of policy wonk stuff, I encourage you to read both. They’re a master class in how to dismantle institutional bullshit.

A bad idea usually spreads, much to the chagrin of the Brisbane nightclub & live music scene and Queensland. NSW’s neighbor state approved similar laws, with them taking effect last week. After midnight, shots can’t be ordered, some venues will be forced to close at 2am, with “late-night” venues closing their doors at 3am. It looks as if they’re totally ignoring the protests that occurred in Sydney.

The party people in Sydney have been fighting back as hard as they can. Rallies, internet campaigns, celebrity advocacy & parties have occurred for months to try and get the changes reversed. Millionaire, venue & construction company owner Scott Hutchinson has gone on record to say he’d be willing to bankroll “whatever is necessary” to get the Queensland’s lockout laws back off the books. Even if he can’t get them removed across the country, a state-by-state fight could be successful if planned correctly. A motley crew of supporters in Queensland is attempting to help Scott, but right now, they need all the help they can get.

Mike Baird, the NSW premier is not popular. No seriously, like, 84% negative reactions to his posts supporting lock out laws and anti-event actions. He demanded festivals “do something” about deaths, then refused to allow pill testing & other forward thinking harm reduction measures, I’d say he’s earned the ire he’s getting. Maybe getting compared to Vladmir Putin by morning radio in NSW is a bit much, but when morning shock jocks are calling you a kleptocrat that’s out of touch with the people, you’re probably not doing everything right.

Interestingly, Victoria (another Aussie state) cancelled their own 2am lockouts year sago. Melbourne tried it, and it went hilariously badly. No seriously:

Independent audit firm KPMG found the Melbourne lockout led to an increase in reported assaults between midnight and 2am and also between 2am and 4am. There were also more ambulance trips due to assaults between 8pm and midnight, compared to the three months before the lockout. ~The Age, 2014

The demands from protesters who are fighting against them are almost mundane. Lifting of late night retail restrictions, late-night transportation (San Francisco, take note), ending the new license freeze for live music venues & small bars (to help get new businesses back in the area), and the creation of a Night Mayor, a city official that New York City desperately needs. This includes a creation of a 24hr area of the city, with late night work & play spots, and administrator of that space, called the Night Mayor. By smoothing relations between that region & the neighboring communities, this person can greatly affect the success of nightlife, and how the live music/bar/club community is viewed by the city at large. It’s such a good idea, there are now Night Mayors in Paris, Toulouse, Zurich & Amsterdam, with London and Berlin debating creating one.

So, what does this have to do with LA, San Francisco & New York City? Los Angeles flirted with banning electronic music events entirely this spring, with that measure being defeated despite the best efforts of a number of groups. New York City is all but devoid of outlaw events, with retail venue rentals regularly exceeding 5 digits in booking fees alone. Economic activity from electronic & live music events could be not only shared by many more producers that don’t have the cool $35,000 to throw a party with actual headliners, and communities wouldn’t have to hate renegade parties and Burns, if we can learn from Australia’s mistakes. Berlin, London, Munich & Amsterdam could teach major American cities a thing or two.

Not just about how to make small business thrive, but how to keep partiers safe, by deploying smart, tested harm reduction best practices. With people willing to go to jail to deploy these practices in Australia, perhaps the Mayors of San Francisco, Miami, LA & NYC can see the gift horse being presented to them. This could lead to a lot of money being made by non-party people. Capitalize on the surprisingly non-deflated live & electronic music markets in their respective cities, and test out harm reduction/security/law enforcement tactics that have been honed across both oceans,  If all of a sudden, this stuff works, and it’s easier, and safer to throw events in these cities, who knows, it might spread. It’s fun to dream.

(Thanks so much to Stoney Roads for their continuing coverage of this story & general dopeness when it comes to music choice and their give-no-fucks attitude.)