DENIED: No Growth, and Drug Screenings [UPDATE]

The cozy relationship the extreme Far Left Progressives of San Francisco’s Burning Man Organization enjoyed with the Federal Government under Obama doesn’t seem to be playing out quite the same way under President Trump.

Last year saw massive amounts of Burner cars being pulled over on the Paiute Indian Reservation and searched for drugs, as part of the President’s efforts to combat the opioid epidemic. See Indians Promised They Will Shut Down the Roads – and They Delivered.

This year we had threats of a concrete wall being built to concentrate the Burners, the horrific idea of trash dumpsters at the exit gates, and private mercenary armies conducting drug searches – while on the other hand, Burning Man asked for a population increase from 80,000 to 100,000. See BMorg Outraged at $10m Bill For $42m New Revenues.

No extra $40 million for you! The growth has been denied, but the private security doing drug searches is still on the table – maybe for this year, maybe 2020.

From the Reno Gazette-Journal:

Burning Man won’t be growing this year, but there could be at least one major change upon entry: drug screenings

The Bureau of Land Management on Friday issued the final environmental impact statement for Burning Man, denying the Burning Man organization its sought-after growth to 100,000 people but granting it more time to address a number of environmental and security concerns.

The federal agency may, however, hire a private security firm this year to conduct drug screenings. Or, it might wait until 2020, according to BLM spokesman Rudy Evenson. 

As for the growth of the event, the population cap will remain at 80,000 people … 

“The BLM and cooperating agencies could not support the event growing. The city of Reno, Nevada Department of Transportation, Nevada Highway Patrol as well as the Bureau of Land Management could not support the growth particularly because there are other events going on during Labor Day,” said Evenson.

One third of BLM law enforcement officers nationwide are required to patrol the event at the current size, but one half would be required if it grew to 100,000. Transportation agencies also want to find ways to alleviate the congestion on area roads before the BLM allows any growth of the event, Evenson said… 

In an effort to make the event safer and more secure, the BLM plans to hire a private security firm to “screen” Burners for drugs and weapons prior to entering the event, according to the report. 

In public meetings, Burners called the suggested drug searches unconstitutional.

Read the full story at the Reno Gazette-Journal

Is Trump going to build a wall at Burning Man?

Well…sort of.

No statement yet at the BJ, but some more detail was posted in the comments to this post:

Alternative D has been selected:
The event will occur with no population growth during the ten year period. This means that a total of 80,000 people will be allowed onsite until at least 2028.

In the final EIS the BLM has updated many facets of the mitigations. Listed below are some of the most contentious ones.

NAT-2 Dumpsters: This mitigation has been completely removed from the EIS. Yay.

PHS-1 Private Security at Gate: They are still requiring private security. However the contracting will be done through the BLM, not BRC. This security force will report “banned or illegal contraband” directly to law enforcement. Federal agency contracting out private security to conduct their unconstitutional searches.

PHS-3 The Wall Around BRC: The requirement has been shortened. It now just reads, “BRC will be required to implement physical perimeter barriers and controls to reduce the risk of unauthorized entry to the Event.”

PHS-4 Building Inspections: This one was loosened up a bit, fortunately. Now structures over 10 feet must only be inspected if they are for lodging and aren’t tents, RV’s, or motorhomes. Also, the inspection will be done by BRC staff, not “Nevada-certified building inspectors.”

VIS-1 Lighting: They’re letting us point our lights towards the sky. However, the BLM is going to monitor us to make sure we don’t spew too many photons.

Look for updates to this post as the story unfolds.


[Update June 15 2019 11:30am]

Volume 1 of the Environmental Impact Statement

Volume 2

Reddit thread

Some are saying that High Rock Security will be doing the drug searches.

Seems like some lucrative private security contracts will be going the way of long-time BMorg personnel

Private searches offer an interesting loophole for the government to get around the Fourth Amendment, as discussed in this 2017 Yale Law journal article:

Under the private search doctrine, once a private party has conducted an initial search independent of the government, the government may repeat that search, even if doing so would otherwise violate the Fourth Amendment. The private party’s search renders the subsequent government “search” not a search in the constitutional sense.


Currently Burning Man has a peak ticketed population of 70,000 and is allowed 10,000 staff and volunteers. They have missed out on 300,000 tickets over the next ten years, which is potentially more than half a billion dollars. I predict VIP ticket prices will increase above $2000 before the end of this period – in the past I have predicted that for 2020. We’re getting very close already: with vehicle pass, handling fees and taxes, this year’s VIP ticket is $1703.50.

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]

Black Rock City: 100,000 or 50,000?

Are rangers really Brand Protectors? That is what is being alleged in discussions in the local community. Who should decide what is sexual assault, and what gets brushed off as “unwanted touching”? Cops? Black Rock Rangers? Ummm, here’s a thought: the victim?

BMorg wants to increase the population size to 100,000, which would bring them at least another $15 million per year. The larger population size is effectively a tax on the food and drink camps, not to mention a MOOP and abandoned bike nightmare. It is a boon for the airline and bus service, and will require even more vendors licensed to sell stuff on the Playa. The tiny Pershing County, where a quarter of the population are incarcerated, is already overloaded with the year-round burden of Burning Man. They think that a 50,000 population is more realistic.

Some of our previous coverage:

Pershing County Asks to Limit Black Rock City to 50,000

Sheriff asks Org to pony up more money and officers

Local sheriff overwhelmed by Burning Man arrests

BURNILEAKS: Sexual Assaults, Missing Kids and Violent Crime

Recent story from Reno Gazette-Journal Are Nevada’s Small Towns Ready For Burning Man To Hit 100,000 people?

Black Rock City’s Law Enforcement Liaison Roger Vind presented to Pershing County Commissioners yesterday. We are publishing his statements as well as our source’s notes on them. You can download the 2017 PCSO Post-Mission Synopsis here.


From DS:

I have attached a copy of the comments made by Roger Vind BRC’s Law Enforcement Liaison and presented to the Pershing County Commissioners yesterday.

2018 BRC letter 8-15-18

DS:

Below are my comments submitted to the LRM reporter. I expect an article in our local paper next week. I will forward a copy when available.

Please note the authorization for traffic stops on the Playa comes from BRC with the signed SRP. The 2013 Settlement Agreement specifies Integrated Command.

Prior to 2014 the BLM LEO agency(s) used the Federal Court and most of the drug citations were dismissed with a $500 traffic fee or so I believe. With the significant reduction  of fees paid to Pershing County due to the 2013 Settlement Agreement’s INTEGRATED COMMAND as insisted by BRC. Which has shifted to Pershing County the prosecution of crimes on the Playa. A consequence of Integrated Command.

I always marvel at BRC’s chutzpa  in trying to alter reality.


Here are my comments after reading the text of the statement for the record by R. Vind. I have sent by previous e-mail a copy of the BRR Manual and inserted some excerpts below.

I see the Rangers as BRAND PROTECTORs not Law Enforcement assets for either Black Rock City (BRC), the BLM or Sheriff though BRC tends to use them as though they are a Law Enforcement offset. Having read the Sheriff’s 2017 Post Mission Synopsis (PMS), the published text of the District Attorney’s EIS/SRP comments, I can find no validation of BRC’s complaints or their alternate reality unsupported by actual facts. I have included Unified Crime Report (UCR) graphs below.

 


Roger Vind (NHP Lt. ret.) BRC Law Enforcement Liaison

Emma Weisman Agency Relations Manager at Burning Man

 

In evaluations of the new SRP proposal. BLM is seeking input from interested publics and local and state agencies about the potential impacts (both positive and negative) on the resources of the Black Rock Desert environment, the social services necessary to support such a large event and economic impacts associated with the event.         Comments will be considered as part of the scoping process until August 4, 2018.

 My Itemized response to Burning Man’s concerns:

  • Pershing County has never produced the (Burning Man) Event
  • The BLM Burning Man EIS SRP public comment period was open to both the Public and Cooperators and not subject to the whims or revisions of the Multi-Million Dollar San Francisco based for profit corporation (BRC). BRC has done two Public Comment meetings in Pershing County and meets frequently with the BLM.
  • The statement “In fact there are 57 instances pertaining to Law Enforcement in the 2018 Black Rock Ranger Manual…” is unclear, confused, and needs clarification.
  • Additionally the following statement “the manual clearly supports law enforcement’s roles and our utilization of law enforcement involvement.” Is telling. (The manual is available online)
  • Unreported Sexual Assaults are a serious matter that BRC should finally address for the benefit of their participants/victims as our District Attorney suggests: “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 states in the letter. “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.” (The “filtering” is done in part by the BRR chain of command as indicated by the manual.) And is clearly not contradicted by Sheriff Allen as R. Vind alleges.
  • R. Vind goes on to complain about the self inflicted wound from the Settlement Agreement’s Integrated Command BRC’s cost savings bonanza.
  • Then ignorantly refers to “The County also generates revenue from the convictions it secures…”
  • BRC authorizes the BLM to perform “traffic stops” in the closure area, has done so for years with their SRP.
  • BRC’s 2017 Afterburn report might be done December of 2018. It takes over a year before its available. BRC pays ONLY for an eight day event which means the Sheriff’s PMS is done at TAXPAYER expense.
  • Are the Commissioners still waiting to receive Emergency Plans previously requested?
  • Has there been ANY community involvement in Pershing County from BRC as requested by Commissioner Rackley last year?
  • This is the first year BLM/BRC has acknowledged the legal requirement for Vendor compliance with County Business Licenses.
  • Firearm(s) found in the vehicle of a BRC employee during the 2016 Coroner’s investigation. The others had been admitted to Black Rock City after the Contraband search by BRC in 2017.

 

The voters of Pershing County will hold the Sheriff accountable for the magnificent job he is doing despite the budget limitations imposed by BRC and their untrustworthy conduct, unreasonable, and outlandish demands.

BRC has a clear financial incentive to increase the “paid population” by 30,000 at the standard ticket price of $425 or $12.75 million.

Pershing County has acknowledged the actuality that 50,000 is a more viable population cap for our limited resources.


(excerpts) 2018 Black Rock Ranger Manual

Sexual harassment, as defined within the Ranger Department, may consist of, but is not limited to, any unwelcome touching, stalking, repeated requests for a date after someone has said “no,” continuing to engage in sexual discussion or banter after being asked to stop, or similar behavior. Harassment will not be tolerated, regardless of who engages in it.

What happens if I make a report?

Reports of harassment are very serious. The Ranger Personnel Manager will investigate reports of harassment and will take remedial measures when appropriate. If you have made a report and are one of the principal people involved, you will be notified of the findings when the investigation is complete.

Will my report be kept confidential?

Information about harassment reports will be kept confidential and only shared with Ranger Managers on a need-to-know basis to complete the investigation. The Rangers’ policy with regard to sexual harassment or violence in the workplace is one of zero tolerance. We strongly support and adhere to the Burning Man policy. Burning Man is founded on expectations set by the community standards inherent to it.

One such community standard is creating an environment that is free of sexual harassment and violence by volunteers, staff, or vendors. Any reported occurrences will be investigated and regarded with the utmost compassion and gravity. The investigation will follow the guidelines set by the Burning Man Board for conflict resolution. Violation of this policy may result in progressive discipline, up to and including: counseling, eviction, termination, or legal action. The full text of the Burning Man Project’s organization-wide conflict resolution protocol may be found here.

 

In approaching any situation, a Ranger’s initial default action is DO NOTHING. (The exceptions to this axiom are must-report situations [e.g., medical emergencies, lost child, etc.]). If, in the process of doing nothing, you decide that your presence would be helpful, engage by helping participants solve their own problems. If they are unable to do so, try to solve the problem for them. If the situation still needs attention, call Khaki.

Must-Reports—Situations that Must Be Called in Immediately Black Rock Rangers are entrusted with considerable flexibility in how they handle the situations they encounter in Black Rock City. Rangers are trained to rely on their own judgment and abilities, and to escalate matters (generally to Khaki who is part of the Shift Command Team) for assistance when appropriate. There are, however, situations in which the Ranger Department requires that Rangers report what they observe to the Shift Command Team immediately.

The requirement to report is in place to ensure that the Burning Man organization is aware of events that are critical to maintaining agreements we have in place with other departments and agencies, our internal reporting metrics, or legally required or advisable record keeping and reporting.

It is important to note that this policy only requires that a Ranger escalate required information to the Shift Command Team. The Shift Leads will then follow up with appropriate actions, which may be as simple as noting the event in the shift log, or may include further escalation. It is not the individual Dirt Ranger’s responsibility to contact LE or medical.

How to Report

All reports begin by calling Khaki on the radio.


Crime and Population Statistics