Sheriff Spat Escalates: “Misinformation”

The Federal tensions with the Bureau of Indian Affairs have been causing headaches for Burners, but there could be even more to come. It looks like nothing is being done to appease the Pershing County community. Quite the opposite, with Burning Man’s official statement accusing Sheriff Jerry Allen of disseminating misinformation: in other words, lying. A pissed off Sheriff is just one more problem for the lawyers, from the point of view of the Org; cops wanting to make more money off of Burning Man is a very real problem for Burners. Be careful out there: don’t give them any excuse to stop and search you.

Previous coverage:

Black Rock City – 100,000 or 50,000

Pershing County Requests 50,000 person limit at Burning Man

Sheriff Asks Org to Pony Up for More Officers

BURNILEAKS: Sexual Assaults, Missing Kids and Violent Crime

Re-blogged from the Lovelock Review Miner – emphasis and commentary ours


Burning Man disputes county comments

Debra Reid, News4Nevada

Tuesday, August 21, 2018 8:46 AM

In a rare public statement, a Burning Man spokesman questioned the accuracy of comments submitted to the BLM by Pershing County District Attorney Bryce Shields. The BLM accepted public comment as it evaluates the next ten-year Special Recreation Permit for the festival.

Roger Vind read a statement to county leaders during public comment. He asserted the county’s comments to the BLM are “inaccurate” due to “misinformation” provided by Sheriff Jerry Allen.

“It is unfortunate that misinformation propagated by the Sheriff has made its way into the County’s public comment,” Vind said. “We believe it is time for the Sheriff to be held accountable for his misstatements and mischaracterizations of our event.”

In his comments to the BLM, Shields suggested that Black Rock Rangers may have “filtered” crime reports by participants and that the BRR manual encouraged such behavior. As a result, crime reports could be less than the actual crimes committed at past Burning Man events.

“Anecdotal information from state and federal law enforcement officers suggests that the BRR encourages event participants to avoid reporting incidents to law enforcement in favor of resolving matters “in house” with the BRR’s assistance,” Shields said in comments to the BLM. “Such stories from law enforcement seem to be credible because the 2018 Black Rock Ranger (BRR) Manual contains instructions to BRRs to ‘filter’ what is reported to law enforcement.”

In his statement, Vind called it “absurd” to accuse Burning Man of stopping crime reports to law enforcement officers and that Black Rock Rangers have never been instructed to do so.

Our Black Rock Rangers in no way ‘filter’ information to law enforcement. In fact, there are 57 instances pertaining to law enforcement in the 2018 Black Rock Ranger Manual and the word ‘filter’ or any other reference to keeping information from law enforcement just does not exist.”

Vind also contradicted the implication by Shields that crimes at past events, including sexual assault, had been underreported to county law enforcement officers at Burning Man.

“This serious allegation is not only untrue but is contradicted by Sheriff Allen himself.”

Vind included an email from Allen regarding the need for a better definition of sexual assault.

“I do appreciate the lengths that BRC, with your assistance, has gone through to assist us in our endeavor to provide the best public safety we can,” Allen said in the email. “I also appreciate that you are instructing your Rangers to not inquire about penetration, or start an investigation, but rather to allow for the free flow of information from the potential victim.”

Allen later said the email text was accurate but that it was “grossly taken out of context.”

“That was a discussion about Burning Man’s internal policies which the Sheriff’s Office does not make,” he said. “I think their policies and some of their definitions are far out of line with Nevada Revised Statutes but I can’t make them change their internal policies.”

Allen said that, in his experience, “there have been things that have gone unreported.”

“Some of it may not be on Burning Man,” he explained. “Some of it may the culture that they are working within, some it may be training or some of it may be lack of training. I think that, to a certain extent, there are things that are unreported or underreported. But, I also think there are things that are over-reported or wrongly or out of the wrong context.”

Citing crime statistics, Vind challenged Allen’s allegations of “high levels of crime at the event.”

“It is just not true and our statistics bear it out,” he said. “Utilizing the verified data we have from PSCO and the BLM from 2010 through 2016, the event population grew 58 percent. However, person-on-person crime only increased by two — from 10 to 12 and drug citations increased only 34 percent which is well below the population increase.”

Vind added there were 12 person-on-person crimes at the 2017 event, the same number as in 2016. He criticized Allen for not completing his After Action Report until a year after the event.

We would have had 2017 data had Sheriff Allen followed through in a timely manner with his After Action Report for the 2017 event. Unfortunately, he delivered it at the late day of July 9, 2018,” Vind said in his statement.

[this is pretty rich given that BMorg’s own 2017 Annual Report was released in July 2018, and it appears the 2017 Afterburn Report came out at the same time]. Burning Man has a 100+ person year round workforce and a $50 million budget, much more than PCSO – Ed.]

Vind responded to Shield’s concerns over weapons at the event. In one case, law enforcement discovered an assault weapon, a handgun and a large amount of ammunition at Burning Man.

“With respect to the District Attorney’s comments about our Gate screening process: In a state where ‘everybody has a gun’ (as we were told by local law enforcement), there have been only a handful of firearms at the event over the past decade,” Vind said in the statement.

Allen and other county officials have said Burning Man, where nudity and illegal drugs are common, is no place for children. Vind countered the criticism with is own.

“Sheriff Allen repeatedly advocates the event be 21 and over despite our having demonstrated the event is tremendously safe for children,” he said. “We believe parents should be the judge of what’s best for their children, not the Sheriff. The Sheriff is entitled to his opinions. However, anecdotes are not date and repeating untruths does not make them true.”

[Last year children got to watch a man killing himself by jumping in a fire. It is not “tremendously safe for children”, it is a place where by attending you voluntarily accept the risk of serious injury or even death. How could anyone say that is “tremendously safe”? The Sheriff says “drugs are common at Burning Man”, BMorg says (basically) “the only drugs were the people who got citations, as the population grows less people are doing drugs”. Repeating untruths does not make them true…YMMV – Ed.]

Vind also said Shields suggestion to cap Burning Man attendance at a maximum of 50,000 participates “does little to address the issues we face now and in the future of the event.”

Allen believes the proposed 50,000 person cap is still too much for the county and the region. It has become increasingly difficult to recruit officers from other agencies to patrol Burning Man.

“I think even at 50,000 persons, it’s too much for this county to sustain in the long haul unless some things are vastly reworked within the settlement agreement,” he said. “Unless things improve for Pershing County and Pershing County law enforcement, 10,000 people would be the max that we could sustain over a long period of time. I think 100,000 people is beyond what Nevada could handle, not just northern Nevada.”

Burning Man critic Dave Skelton agrees the festival is already too big for Pershing County and, at 100,000 people, it could be too big for the BLM.

“We’re at the point where I don’t think it can get any bigger than what it is and I don’t think its sustainable now,” he said. “The BLM has indicated over the last two years, they have as many people out there as they can get their hands on. There are other things that happen this month.”

Indians Promised “We Will Shut Down The Roads” – Now They Delivered [Updates]

Burning Man doesn’t even begin for another 5 days, but the chaos has already started.

By now you’ve probably heard that basically every single vehicle driving along the 447 near Nixon is being searched by the police, often with K-9 units.

The Reno Gazette-Journal had a story about it Burning Man Attendees Face Traffic Stops, Searches

Burning Man attendees face traffic stops, searches

Law enforcement officers from both the U.S. Bureau of Indian Affairs and Pyramid Lake Paiute Tribe have been pulling over vehicles on their way to early Burning Man festivities in the Nevada desert. 

Bureau agents and tribal police were pulling over drivers passing through tribal land beginning last week and continuing this week. On Monday, about a half-dozen federal and tribal vehicles, some unmarked, were seen stopping vehicles primarily in Nixon, a tiny town halfway between Reno and the Burning Man site….There is one road, State Route 447, to and from the event; a large portion of that road goes through the Pyramid Lake Paiute Tribe’s land

The Pyramid Lake Paiute Tribal Council in the past month approved a memorandum of understanding that detailed the Bureau of Indian Affairs’ plans to have a law enforcement presence this year on the tribal land, according to tribal officials. The BIA  initially proposed the memorandum to the tribal police, which then presented the agreement to the council.

The tribe declined to provide the document, and the BIA has not responded to repeated calls for comment. It is unclear what the duration of the agreement is, and its purpose. 

Read the full story at the Reno Gazette Journal.

This is unprecedented in Burning Man history.

The RGJ for some reason did not make the connection between this new interference from the Bureau of Indian Affairs, and the cultural appropriation issues that were raised at the last Burning Man and through Burners’ involvement in the Standing Rock pipeline protests (see Dear Burners, Standing Rock is not Burning Man)

It was a really big story at the time, mostly in extremely heated social media discussions.

We Will Shut Down The Roads to Burning Man – Alarm at Cultural Appropriation

The Huffington Post had a suitably fawning puff piece on it – On Cultural Appropriation and Transformation at Burning Man – which sure looks like quickly produced damage control from the BMorg propaganda PR team. Then Caveat Magister hit the BJ with “Decommodification” and “Cultural Appropriation” – two great conversations that go great together. The usual self-congratulatory “we’re saving the world” stuff we’re used to from the official Voices of Burning Man.

What is it they say…“white man speak with forked tongue”? A couple of laissez-faire stories was not enough to put out this particular fire.

These people were seriously offended. Not just “hey fuck your fake headdress at Coachella” offended. More like “You have dishonored our ancestors and our entire tribe” offended.

Screenshot 2018-08-22 12.47.40

Read the rest of the comments here.

It sure looks like they made good on their threats. It is going to take a long, long time for the 80,000+ total participants to all make it into Black Rock City, if every single vehicle is getting searched. Be prepared.

Is this another case where the hundreds of year-round staff in San Francisco failed to pay sufficient respect to the objections of the local community? It might be far out in the desert, but Burning Man isn’t an island. It needs to be a net positive for everyone.

I wouldn’t be surprised to see the Org try to spin this to blame the Trump Administration rather than themselves. The proof will be in the pudding when Burning Man opens: is this treatment coming from all the Feds and cops, or just on the Indian territory?


[Update 8/22/18]

Statement from Burning Man. They are wondering why this is happening. They should read Burners.Me and they would know.

https://journal.burningman.org/2018/08/news/official-announcements/statement-on-police-activity-on-the-road-to-brc/

You might be wondering why this is all happening. So are we. We think the BIA’s efforts to target our community as we prepare for our annual gathering on public lands are misguided.

While BLM law enforcement has conducted aggressive traffic enforcement in past years on Gate Road in Black Rock City, this is the first time the Burning Man event has been targeted for an operation of this magnitude on public highways. The BIA stops appear to be pretextual and not based on actual violations of law.”

Predictably, many in the comments blame Trump. Only one person was brave enough to mention cultural appropriation (or maybe I caught their post before the censors did…)

[Source: burningman.org]

The previous head of the Bureau of Indian Affairs abruptly resigned in April, for an unspecified reason – it looks like another #metoo situation. President Trump proposed a woman, Tara Sweeney, for the position, but her confirmation was held up. She took the helm last week, in near-secrecy.

The recommendation of the BIA to the Tribal Council about Burning Man happened before last Thursday, so President Trump’s appointment of a new BIA head does not explain the present situation.

Up until a week ago the acting head of BIA was Darryl LaCounte:  

The top official at the Bureau of Indian Affairs has resigned suddenly after serving just six months, and a Billings official will take over, the agency said Friday. 

The BIA confirmed to The Gazette on Friday that Bryan Rice, the agency’s director, resigned on April 24.

BIA Principal Deputy Assistant Secretary for Indian Affairs John Tahsuda informed agency employees by email Thursday, which BIA spokeswoman Nedra Darling released Friday.

Darling did not give a reason for Rice’s departure. 

Darryl LaCounte, the regional BIA director based in Billings, will take over as acting BIA director.

“He is an experienced leader with vast organizational knowledge to maintain a smooth transition for our BIA employees and the tribal nations we serve,” Darling said of LaCounte in an emailed statement.

LaCounte started with the BIA in 1988 as an oil and gas specialist. He moved up through several positions in the Billings office and in 2014 became the Rocky Mountain regional director.

The exiting Rice, who is a member of the Cherokee Nation of Oklahoma, took over as director six months ago. He was previously a director of forest management for the U.S. Forest Service and a deputy director for the BIA’s Office of Trust Services.

[Source: Billings Gazette]

LaCounte is from Billings, Montana – where Republicans have won every election since 1996, and Trump won in 2016 with a 20% margin. Was LaCounte trying to make a big splash while he temporarily had the reins of power? Or was this a Machiavellian “Black Prince” situation, where someone was sent in to do the dirty work and be the “hated Prince”, only to then be replaced by the “good Prince?

 


[Update 8/23/18]

There are a bunch of threads at r/BurningMan with the latest updates on the Nixon situation.

The BJ comments had a conspiracy theory worth considering: that this is BIA revenge on the Paiute for bringing all those Burners to Standing Rock who disrespected the broader culture and caused concern amongst the LEO community:

[Source: burningman.org]

How To Deal With Cops At Burning Man: 2018 Edition

Thanks to Mark Atwood for doing this once again. We’re not lawyers, this is not legal advice. Be careful out there.

Feel free to print out, share, and repost. This work is licensed under the CC-BY-4.0. I am not a lawyer. This document is not legal advice. If you are ticketed, cited, or arrested, consult with your attorney.


How to deal with cops at Burning Man (2018 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. 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”.

They may search you anyway. Once they start, they will trash all your stuff and dump it out on the playa. Do not give them consent once they start. They will not be more gentle with your stuff if you give them consent.

* 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 you probably shouldn’t.

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

* 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 do not want any drugs, and you do not know anyone who does.

That includes cannabis in any form, in any amount. Cannabis is still not legal on BLM land, even for medical use. Having a medical card from any state is not a defense. The Nevada personal use possession law is not a defense.

If you have a legal prescription to a Schedule II drug such as Adderall, Ritalin, OxyContin, or Methadone, keep your pills in their correct prescription bottle and locked somewhere safe. If you need to carry any such prescription drugs with you, ask your pharmacist for a small bottle to keep just one day’s supply in, and keep that in your pocket. You can be charged if you cannot prove you have a legal prescription.

If the cops ask you details about your prescription, you do not have to answer them, and you probably shouldn’t. The only things they are lawfully allowed to ask will be printed on the prescription bottle.

* Do not lead them to your camp.

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

They can be very commanding and matter of fact about it. They may say “We are 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 keep your tent zipped closed when you are not in it. If possible, use opaque screens or sheets to block transparent window screens, so there is no line of sight into your tent. Reflective panels and reflective cloth are also good for keeping the heat of the sun out of 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 are supposed to need a warrant to open it, or they are supposed to 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.” They may search your tent anyway. Do not give them consent once they start. Once they start, they will probably trash your stuff, no matter what you say.

* 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. Tell them your name as it is printed on your official ID, driver’s license, or passport. You do not have to voluntarily 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 and without another word. Do not run, 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 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 with your campmates, or with your friends, or even with your family. Even your spouse. Assume all police cars, transport vans, and cells are bugged. Assume the cops will lie about what you say to them. Assume everyone you meet while you are being held will testify against you and that will lie about what you say to them. Your best defense will be being able to say you never said anything to anyone. You invoked your right to remain silent. 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. You don’t have to show it to them, but they don’t have to give you free booze either.

The state liquor cops will be there trying to sting your camp. If you are giving away booze, even if it’s only 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.

Even if your camp is not running a public bar, random people will 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, to try to sting you.

An alcohol service bust is an expensive way to ruin your burn for your entire camp.

* Who Watches the Watchmen?

While the cops are dealing with you, you need to be memorizing the color and design of their uniforms and memorizing their name tags. They are supposed to be wearing visible name tags while in uniform. Yeah, right.

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

If you personally with your own eyes see the cops detaining anyone, arresting anyone, or searching anyone or anything, do the same thing: memorize what you can and then fill out and turn in a Law Enforcement Feedback Form as soon as you can.

Each morning, all the feedback forms are read out loud in a meeting with the with the police leadership and the event leadership.

If the cops dump your stuff from your car, trailer, tent, or pockets out onto the playa ground, make sure you describe that in the feedback form. The Bureau of Land Management leadership have opinions about the cops trashing the playa.

* Your camera.

When you see the cops, you may choose to use your camera to record them. The Judiciary at all levels has clearly stated that everyone, including you, has the right to record the police. Cops hate it, but too bad.

If a cop tell you to turn off your camera, keep recording. If they threaten to arrest you for recording, keep recording.

They cannot lawfully order you to stop recording. They cannot lawfully order you or anyone else to delete photos or video. They cannot lawfully delete any photos or video themselves. If they do, they themselves are knowingly breaking the law and that will be very useful in court.

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 at least 35 feet / 10 meters.

* “Undercover” cops.

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

There are cops at the event who are not “undercover” but instead are “plain clothes”. This means that instead of wearing uniforms or visible badges they are dressed up 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. Some of them have been doing this every year for more years than you have come to the event yourself.

People have been busted by a cop who was wearing only sparkles and a miniskirt. Cops have been seen standing nearly naked on top of speakers next to mainstages, pointing out the use of cannibus to uniformed cops circling the dance floor.

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 someone sits down on a couch next to you, or in an art car next to you, and gets around to asking about drugs, they are a cop.

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 eagerly 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 someone who is injured or who 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 find someone who is dangerously out of sorts? What if you just can’t even?

Go to a BLACK ROCK RANGER or to an ESD VOLUNTEER. The Rangers or ESD will help deal with the situation. If the cops are actually needed, the Rangers or ESD can summon the cops and can deal with the cops. 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, and on their chests, and on their backs, and on their vehicles. ESD have yellow shirts that say “Emergency Services” on them.

Black Rock Rangers are not cops. They really are there to help you, no kidding.

Have a great Burn!