Burning Man 2017 Financial Analysis, Decommodification and Flysalen [UPDATE]

Every year we bring you a look at Burning Man’s financial performance.

This year we’re also going to take a deeper look at their major assets Fly Ranch and Decommodification, LLC.

Burners.Me Previous Financial Coverage: 2012201320142015, 2016

2017 Burning Man IRS Form 990

2017 Burning Man Annual Report

Some highlights:

  • Revenue from Burning Man event $42.8 million, up over $5 million from 2016
  • Annual Surplus (Revenue less Expenses): $3,733,876
  • Donations received almost $1 million
  • salaries (including contractors) increased $2.1 million
  • Cash and receivables: $11.75 million, up from $9.5 million in 2016
  • Total assets: $27.8 million

Sales of inventory was $1,605,516. That’s a lot of ice and coffee. Ice cost $596,177.

Medical expenses were $649,000.

Their stock donation program seems to be working, with a donation of $26,517 in marketable securities.

Most of the key personnel got pay rises in 2017, though some went down:

Overall payroll including contractors is $18,703,754 = 42% of revenues.

Grants as a % of revenues = 3.8% . Note this includes the cost of building The Man, the base structure, and partial funding of Playa art projects including the Temple.

The list of grant recipients contains many familiar names.

Burners Without Borders made 4 grants, totalling $4,900. [* this is for grants outside the US and has been disputed by BWB director Breedlove. See comments. I have asked him to provide the correct information, I will add it to the post – Ed.]

The annual Artumnal gathering took in $629,404 in 2017. About $100,000 of this went to pay for the use of the facility:

2017 Fundraising Event

This is a substantial increase on 2016:

2016 Fundraising Event

Commentary

A huge thank you to A Balanced Perspective, DS and Anonymous Burner for their contributions and thoughts.

  • Artists receive less than 2% of the budget (approx $800,000)
  • Regionals receive about 4% of the budget ($1,717,766)
  • About 9% of the budget gets piled up in the bank account as cash.

Anonymous Burner says:

The art funding is constantly presented as a central tenant of the event, but is actually getting funded like an afterthought.  Artists are the face and the creativity of the core of the event, but have to carry their art on their own backs while others claim credit for making things so great for them

What does an organization trying to “make the world a better place” through art need with so much cash, into the tens of millions of dollars? Why do they spend such a tiny amount of the money given to them by Burners every year on art? Why do the ticket revenues increase 10% a year but the art budget seems to keep proportionally shrinking?

How can they justify spending $1 million a year on insurance without providing insurance for the 10,000 or so workers on site building the city, art installations and camps? Would it really kill their vision to make $3.5 million a year instead of $3.9 million, and look after their workers better?

Why does the main “charitable” organization have to spend more on the Regional Events than they give out on grants? It’s about double the art budget. Is the purpose of Burning Man to spread Burner culture around the world through art, or is it to expand their inefficient bureaucracy? Can’t the Regional events support themselves?


Population Summary (note: includes 2018)

The number of paid participants according to calculations in the Pershing County Sheriff’s Office report was 69,493.

I filed a FOIA request to get the 2017 vendor list: 84 companies selling things other than ice and coffee.

DS has also been filing FOIA requests for information about Burning Man. He was able to get this heavily redacted information for 2017, the calculations used to pay the Bureau of Land Management’s 3% fee.

Why the need for such secrecy?

The bulk of the $4,349,723 in Permits, Taxes and Fees appears to be the 9% Nevada Live Entertainment Tax. [* see comments – Ed.]


Decommodification

One of the interesting things in the 990 is the listing of “related entities”. It includes Decommodification LLC, but the share of end of year assets is $0.

Decommodification LLC is the organization that was created at the same time as the non-profit Burning Man Project, to hold all the intellectual property. As far as we can tell, it gets paid $75,000 per year in royalties from the Burning Man Project for use of their trademarks. We have no information on what other royalties it earns, for example from sales of the documentary “Spark” or the “lines around the block” Smithsonian exhibit. Google recently commissioned Burning Man to design a $2 million art installation for their campus: where does this money go? Five lucky artists will get a share, most likely the “big names” who appear in the grants list on a regular basis. Is there a royalty component to deals like this?

Decommodification LLC made two filings to the California Secretary of State on January 16, 2019. One was that “nothing has changed”, and another one requested that the company registration be canceled. It seems strange to me to file “no change” and “cancellation” notices on the same date, if anyone has knowledge of how this process works please leave a comment.

The current state of the company shows “cancelled” at the S.O.S. web site.

According to the US Patent and Trademark Office, the trademarks were transferred from Decommodification LLC back to the Burning Man Project on 28 April 2018 – the day Larry Harvey passed away.

The “nunc pro tunc” is a retroactive assignment to correct an earlier ruling. Was this something to do with Larry’s estate?

What happened to the rest of the intellectual property, including the rights to future royalty streams?

Were the trademarks assigned back to the Burning Man Project for free, Decommodification LLC dissolved, and the accumulated cash of 6-7 years of royalties distributed to the members? Or was some of that $12 million cash hoard used to purchase them?

These transactions occurred in 2018, so perhaps will get covered in next year’s IRS Form 990. There is no mention of them on the Burning Man web site, despite this being perhaps the most significant thing BMorg have done since spinning off their non-profit in 2012. BMorg like to claim they’re a “leader in radical transparency”, but Decommodification Inc has always been a mysterious black box.

The 2017 Form 990 values the Burning Man Project’s intangible assets at $4.23 million, but this was before the trademark transfer. This amount first appeared on the books in 2014. We believe it represents goodwill on the acquisition of Black Rock City, LLC from the Founders.

For a good read related to Intellectual Property and Burning Man, see Culture, Capital and Copycats in a Globalizing Burnerverse by Ian Rowen, which was the keynote address at the 2018 Australia and New Zealand Burner Leadership Summit.

The “Burner Look” is not trademarked, so anyone can put an art car in a desert and appropriate our culture for “cool factor” and financial gain

Flysalen

In 2016 BMorg bought a 3800 acre parcel of land known as “Fly Ranch” with big donations and paid $6.5 million. This is why the 2016 donations were more than $8 million.

Around 42:30 in the above video, they start talking about “community ownership of land”. The communist social justice component of this vision is that “living off the land is a version of Universal Basic Income”.

Five minutes into the video, they reveal that the land has been sub-divided into 53 different parcels.

Who gets a permanent Burning Man lot? Presumably the 6 5 Founders and the millionaires who put up the $6.5 million. Will the rest be auctioned off to the highest bidder, or handed out to the most favored staff, artists, and camps? I’m tipping Dancetronauts are not on the short list.

This reminds me of an earlier post, Get Your Timeshare Slot in the Sultan. There, I postulated that the “ironic timeshare sales” brochures being handed out from a booth at the Man base was actually Burning Man’s way of bringing that in as a future reality.

The Occidental Oasis “ironic” timeshare sale was going on at the same time as very real hotel sales on Billionaire’s Row

The same thing happened with hotels, where BMorg director Chris Weitz opened an “ironic hotel” at Ashram Galactica, which paved the way for the proliferation of luxury Plug-N-Play hotel camps today.

Petit Ermitage, a boutique hotel in West Hollywood, were still advertising the pop-up Burning Man hotel they created with Cirque Gitane long after the event
People now pay up to $20,000 for hotel rooms at Burning Man with flushing porcelain toilets
Photo: Lost Hotel/Facebook

Fly Vision

Some information about the original intention for Fly Ranch is available thanks to the Wayback Machine

You can see from the plan above that the property is adjacent to another playa. Hualapai Flat is land administered by the Department of the Interior’s Bureau of Land Management.

Image: americansouthwest.net

The Bureau of Land Management is planning to dispose of some of its lands.

Source: BLM Winnemucca District Program Overview 2017, Page 7

From the January 2018 report, it looks like this deal is close to being done:

Source: BLM Winnemucca District Program Overview 2018, Page 6

Who else would want empty desert playa?


The original vision for the Fly Ranch site was a sustainable community of one acre lots for employees and affiliates, with its own airstrip. This plan talks about 9 parcels of 5 acres, each with their own access roads; and 73 parcels of 1 acre each.

Village and Residential sites

The two communities are based on Burning Man’s Ten Principles, and this will be it’s first year-round expression. Employees and affiliates may build on a ‘Homestead’ basis, or rent or buy into the Village community at the project’s north end. For others, one acre lots may be bought for home construction in the project’s central development (and separate H.O.A). These areas will be allowed to grow incrementally, with roads and utilities phased as required. Geo- thermal electricity will serve all the lighting and cooling needs of residents (and possibly the valley’s ranchers as well), and hot water will provide all heating.

Organic vegetable farming will be developed as an economic base for the village community. Geo-thermally heated greenhouse organic farming will be operated for local needs, and for transport and sale. This can supply Reno with organic vegetables throughout the year, while creating a wholly independent economy for the community.

Source: willroger.org, via Wayback Machine

Land Conservancy

Even with limited use, the grassy banks of the vernal pools are being sloughed in by bathers, the pools gradually churned into shallow mud holes. Bathers also leave tanning lotions, insect repellants, and
other contaminants behind to ill effect. The pond waters contain a species of pupfish which are isolated by the underground source and terminal outflow.

A nature preserve requires control and enforcement, accordingly this area must be properly fenced to admit access only to indigenous animals, but excluding horses or cattle which trample wetlands. Human access must be highly regulated, with trespass, hunting and public use of existing pools and hot springs banned.

Anticipating the utter destruction of too much love, together with the projected costs of controlling and insuring against increasing liability, it is suggested that a Land Conservancy that is affiliated with Burning Man be created to manage the Geyser and wetland area.

Source: willroger.org, via Wayback Machine

Restaurant, Lodge and Conference Center

Fly Lodge and Conference Center

This will epitomize the style of Fly Ranch, and become a beacon for the greater community. A restaurant, rooms and services will be available. Fly Lodge will be available for public and corporate use, while also serving as World Headquarters for Burning Man’s Regional organizations around the globe.

Source: willroger.org, via Wayback Machine

Burning Man Board Member Chip Conley’s experience with luxury boutique hotels and AirBNB would come in handy for a plan like this.


How Much For That Oasis In The Desert?

Burning Man’s balance sheet shows land, buildings and equipment of $11.9 million; net of depreciation, $9.9 million. Schedule D, Part VI lists the value of land as $7,233,545 and buildings at $979,870. In 2015, before the Fly Ranch purchase, land was $198,000 and buildings $979,780.

According to Nevada property records, Fly Ranch only cost about $2.6M. The Washoe sales records record two transactions for $2.377M and $0.240M. The water rights came under two different transactions and appear to not have specific value attached to them. The water rights transactions gave the prior owner only about 64 acre feet of water for livestock.

There were four transactions in 2016:

1)      sale of 3,381 acres that was the majority of FR,

2)      another 276 acres that was part of the FR with the geyser

These sold the mineral rights but not the water but referred to other linked sales of water rights.

3) transfer of water rights with a carve out for the prior owner for item 1).

4) transfer of water rights with a carve out for the prior owner for item 2).

Water rights in California and Nevada are fresh on my mind after all the research I did for my last podcast episode, CryptoBeast #17 – Fire, Water, Trains, Space Lasers: California Burning. It’s an arcane subject, but if you’re interested there’s a good overview here: History of Water Rights in Nevada and the Western States. This particular statement seems to be key:

Surface water rights initiated by applying water to beneficial use prior to March 1, 1905, and which have been perpetuated or continuously used through the years are known as vested water rights

The main water rights for the hot springs, Cottonwood Creek and Little Cottonwood Creek are the rare and highly coveted “vested water rights”, granted before 1905.

My source tells me that the Burning Man event draws 12 million gallons of water per year from this property (27 acre feet).


Setting Boundaries

We recently published discussion from the Washoe County Commissioner’s meeting about the possibility of redrawing district boundaries so that Burning Man would be part of Washoe County (which gets the economic benefits from event-related tourism) instead of Pershing County (which gets a massive spike in crime rates with no economic benefits).

Fly Ranch is next to Hualapai Flat. Burning Man was held at this location once, in 1997. Hualapai Flat is where Pershing, Washoe, and Humboldt Counties meet. Fly Geyser is in Washoe County.

Is the proposed Washoe Boundary move related to long-standing plans to purchase Hualapai Flat? Is BMorg sitting on $4 million from the Fly Ranch donations to acquire this land?

I guess time will tell.


[Update Feb 7, 2019 2:11pm]

The plot thickens, with this post saying that Burning Man was under contract to purchase Fly Ranch in 2009, and real estate developer Build SF helped organize their corporate restructuring to provide “personal financial security” for the 6 Burning Man founders.

In 2009, the BUILD partners were introduced to Larry Harvey and his partners at the Burning Man Organization. Burning Man was in contract to acquire a 4,000-acre ranch in the Nevada desert on which they planned to move the annual Burning Man event as well as develop a desert art center. 

BUILD facilitated a transaction that allowed Burning Man to adjust its corporate structure, manage tax requirements, protect trademarks, establish a permanent office, and provide personal financial security for the six Burning Man partners. Real estate provided an elegant solution for these complex, multi-dimensional challenges, while preserving and honoring the basic precepts of Burning Man. We are proud of the part we played as advisors to Burning Man in establishing a clear path and solid foundation for everyone’s long-term benefit, including the event itself.

I have another trusted source who drew the “intellectual property in a separate company” structure on a napkin for CEO Maid Marian. I will ask their opinion on this.

[Update Feb 13. 2019 4:06pm]

Breedlove head of BWB has updated us with some more detail:

It’s interesting to see the difference between Part III 4c & Schedule F Part 1. I don’t quite understand how they split the difference between those two sections.

What I can provide you with is that we gave 4 grants through our Civic Ignition Process coming out at 4,900$ and 21 grants through our Annual Community Micro-Grant Program coming out at 18,800$. Between the two programs that totaled $23,700.
(https://www.burnerswithoutborders.org/projects/bwb-community-grant-winners-2017)

We also provided grants for Hurricane Harvey Disaster Relief at $21,317.12

There was also a series of Fiscal Sponsor funds that were raised and given out. One of those being the $30,363 for the Camp Epic Santa Rosa Fire Relief (which is in one of your screenshots above)— but I don’t have the ability to pull up all those numbers at this time.

I’m also realizing while going through my data that it isn’t the easiest to find some of this stuff unless you know where to look. So taking a note on improving our reporting systems for the future– I appreciate the opportunity to look at how we can do better at reporting in a more transparent and better to find way.

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

 

Local Sheriff Overwhelmed By Burner Arrests

Because the Sheriff arrests people related to Burning Man before the event and after the event, he is sending a bigger bill to BMorg. He’s “not sure” if last year’s bill was even paid by the $40 million festival.


Re-blogged from News4Nevada:

 

 

Debra Reid, News4Nevada

Wednesday, October 04, 2017 1:00 AM

Vito Schnabel

 

Celebrity arrests among difficulties of managing Burning Man

The arrest of a celebrity’s ex-boyfriend at Burning Man drew inquiries from the tabloid press at the sheriff’s office last week. The calls indicated how time-consuming the world-famous festival can be.

Other duties had to wait as Sheriff Jerry Allen and Undersheriff Tom Bjerke researched the case and issued a press release on burner Vito Schnabel who had been in custody for alleged drug possession.

It wasn’t the first time the sheriff’s office has been barraged with media calls about Burning Man.

“This has happened before – when the man died in the fire this year, when the model from Hong Kong was arrested in 2015, when the participant was run over this year,” Allen said. “There are times when my office gets overwhelmed with calls for information regarding events at Burning Man.”

The total criminal statistics for this year’s event have not been released as crime reports are still coming in from an event that ended a month ago. The After Action Report anticipated by county officials, festival organizers and the media could be ready next month, Allen said. With two vacancies for sheriff’s deputies to be filled, he has little time for the paperwork right now.

“We haven’t condensed all that information yet. We’re still processing crime reports and getting more information together,” he said. “I’m hoping to have the report by the end of next month. That’s if I can get my staffing up and get myself away from the deputy’s job and back to doing my own job.”

A settlement agreement limits Burning Man’s payments for law enforcement and other county services according to the number of festival participants. Last year, however, Allen said he billed organizers about $40,000 for law enforcement services on the playa outside the event’s eight-day schedule.

Allen wasn’t certain if the bill had been paid but event organizers can expect another one for 2017.

“This year, we’re going to be over budget again because we’ve taken enforcement action before the event and after the event,” Allen said. “I will submit (a bill) for those calls pursuant to the event.”

Last Minute Medical Drama

pershing-county-sheriff-office-nv

Jenny Kane in the Reno Gazette Journal brings us news of some last minute tensions between Pershing County Sheriff Jerry Allen, who wants to use Humboldt General Hospital staff; and BMOrg, who are up in arms about a near-death last year that is just coming to light now.

A near-fatal medical incident last year has sparked renewed tension between Burning Man organizers and local authorities, none of whom can seem to agree on medical protocols for this year’s event, which begins Sunday.

Burning Man organizers last week asked Pershing County Sheriff’s Office and Humboldt General Hospital officials to meet and sign an agreement that organizers believe will help to prevent any further medical accidents. The agreement intends to clarify medical personnel’s responsibilities and procedures, Burning Man spokesman Jim Graham said.

Humboldt General Hospital officials refused to attend the meeting, which was cancelled, and Pershing County Sheriff Jerry Allen refused to sign the agreement.

Allen told the Reno Gazette-Journal that the agreement was a roundabout attempt to prevent him from hiring Humboldt General Hospital paramedics, whom he wishes to hire as special reserve, or temporary, deputies for this year’s event.

“We remain unclear as to what protocols those (hospital) medics follow when administering care to patients. We do not have a commitment to standardized … hand-off of patient care should those (hospital) medics treat a patient,” wrote Burning Man executive Harley Dubois in an Aug. 17 email to the Humboldt General Hospital Board of Trustees.

So what is the incident that Harley is so upset about?

Organizers were outraged when CrowdRx employees informed them of an incident on Sept. 6, when a Humboldt General Hospital staff member injected a Burning Man patient with ketamine because she was resisting officers, Dubois wrote in the email to the hospital board. Ketamine is a general anesthetic sometimes used for sedation and pain management.

The participant subsequently went into respiratory failure twice and nearly died. Burning Man’s medical staff saved her life. Ketamine is a dangerous drug, especially when mixed with alcohol, and the participant – a 110-pound female – had been drinking,” Dubois wrote in an email to the Humboldt General Hospital Board of Trustees.

The hospital employee, emergency medical services Capt. Monique Rose, injected the woman with the drug while serving as a special reserve deputy under Pershing County Sheriff’s Office, according to contracts with the Pershing County Sheriff’s Office. Rose, who remains employed at the hospital, declined comment on Tuesday. Chicago medical malpractice attorney believes that no wrong was done here.

Read the whole article at the Reno Gazette Journal – but it may not be the whole story.

Cutting their contract with Humboldt is one thing, but forcing the local sheriff to never deal with medical personnel he wants to work with sounds like Burning Man promoting disruption in the community, not harmony. These people have to live and work with each other all through the year, not just when Burners are there for a week partying participating in social engineering experiments.

Anti-Burner Judge Gets Spanked by Appeals Circuit for the SEVENTH Time

0511-0709-0620-2149_Judge_With_His_Gavel_clipart_imageBurning Man announced today they won their appeal. Burners were left scratching their heads, without Propaganda Czar Will Chase there to put the usual spin on things. What does it all mean? Who’s suing whom? And will this affect ticket prices?

Here is the full text of the ruling. And here’s a summary in one paragraph:

.
Basically, Pershing County wanted Burning Man to pay for their police presence. BMOrg said no, we pay the Feds, we pay Washoe. Pershing said pay up, and we don’t like nudity around children. Burning Man said “fuck you! free speech! We demand nudity!” and sued Pershing. Pershing responded by making life very difficult for Burners, partnering with the Feds for an unprecedented police crackdown. Sniffer dogs were brought in from the Mexican border. This was the beginning of “we’ll pull you over for the slightest thing and the dogs will search your car”. Burners were understandably pissed. Some of the more vocal DPW crew formed a group called RIOT and threatened to strike. BMOrg decided that maybe they should just pay the extra hundred grand or so to the cops. They agreed a deal, and both parties took it to the judge. The judge went apeshit and threw it out of court, telling the prosecutor to go back to law school. Near the end, romors of a negligence and malpractice law firm in Chicago getting involved pro bono, but the case settled before it could get that far.  It seemed like it was all sorted it out, but it obviously wasn’t because of this appeal. The one judge sounds a little loco, and his Boss Judges in the Ninth Circuit Court of Appeals seem to agree.

.

This has nothing to do with Burning Man’s other matter, objecting to the Live Entertainment Tax. So no effect on ticket prices. They will probably keep going up, and new things like Vehicle Passes and handling fees on Vehicle passes will be introduced to drive revenues further.

Here’s our previous commentary on what’s been going on in the case, in reverse chronological order. The headlines kind of speak for themselves:

http://burners.me/2014/02/04/radio-interview-with-pershing-da/

http://burners.me/2014/02/03/reno-gazette-journal-covers-pershing-county-cops-settlement/

http://burners.me/2014/01/13/judge-backs-off-pershing-roadblock-deal-is-done/

http://burners.me/2013/11/29/absurd-illegal-mealy-mouthed-more-on-judges-ruling-on-burning-manpershing-dispute/

http://burners.me/2013/11/29/go-back-to-law-school-judges-nukes-pershing-deal/

http://burners.me/2013/11/14/associated-press-misreports-pershing-county-fees/

http://burners.me/2013/11/11/breaking-burning-man-reaches-deal-with-pershing-county/

http://burners.me/2013/08/23/pershing-county-cops-and-federal-agents-integrated-and-synchronized/

http://burners.me/2013/08/22/busting-man-riot-calls-for-general-strike-at-burning-man/

http://burners.me/2013/05/07/failed-to-even-make-a-facial-pershing-county-claims-huge-defeat-over-burning-man/

http://burners.me/2012/10/11/pershing-county-hits-back-at-burning-man/

http://burners.me/2012/08/17/county-cops-duke-it-out-with-feds-for-burning-man-buck/

Today’s coverage by Scott Sonner (AP) in the Sacramento Bee was much better than the BJ or Burning Man in-house reporter Jenny Kane’s sales pitch for Will’s job piece at the RGJ.

The 9th U.S. Circuit Court of Appeals has overturned another ruling by the same conservative federal judge in Nevada, criticizing his unorthodox handling of a Burning Man lawsuit and taking the extraordinary step of ordering him off a case for the fifth time in two years.

U.S District Judge Robert Clive Jones had no legal basis to reject a deal lawyers for Burning Man and Pershing County reached in 2013 to settle a dispute over security costs and First Amendment rights at the annual counter-culture celebration in the desert about 100 miles north of Reno, the appellate court ruled on Wednesday.

Jones — who recently shifted to senior status on the Reno bench — inappropriately mocked the lawyers during a hearing, accused both sides of malpractice, described one lawyer’s comments as “mealy-mouthed,” suggested another should return to law school and “noted his own laughter on the record,” the three-judge panel said.

“We have in the past expressed concern over the district’s court’s handling of a number of cases that have reached this court, and we unfortunately must do so again here,” Chief Circuit Judge Sidney Thomas wrote in a unanimous four-page memo issued Wednesday in San Francisco.

Thomas said in granting the Burning Man lawyers’ appeal that he was remanding the case back to district court and instructing Nevada’s chief U.S. district judge to assign the case to a different judge. He listed six cases in which the 9th Circuit reluctantly has issued similar orders involving Jones since 2012 — five in just the last two years.

Read the rest of the story at the Sac Bee.
.
Although the case has to go before a different judge again, given that both parties have agreed a settlement and are getting along swimmingly in the new integrated Tier 1 Unified Command and Control structure, that should be just a formality.
.
How can this Judge tell lawyers to “go back to law school” when he gets slapped down unanimously by the Appeals Court – 7 times in 4 years? He must have some powerful friends in the Wild West of Northern Nevada. Pantsless Santa tells me that Federal Judges are appointed for life, and it would be no surprise if one was part of the old boys network.
.

Masks in the Cibolo Creek hunting lodge, where Bohemian Grove spin-off the Order of St Hubertus hosted Burning Man-connected Judge Antonin Scalia's mysterious demise. Image: Wayne Madsen Report, via Fellowship of the Minds

Masks in the Cibolo Creek hunting lodge, where Bohemian Grove spin-off the Order of St Hubertus hosted Burning Man-connected Supreme Court Justice Scalia’s mysterious demise.
Image: Wayne Madsen Report, via Fellowship of the Minds