Tag Archives: Pershing

Jul 18 2015

Burning Man Pays For More Cops

The Reno Gazette Journal reports that Burning Man will be spending an additional $105,000 this year so that Washoe County can have more police officers on the road, looking to arrest protect Burners. There is no legal requirement for them to do this, but they have agreed to it on the request of the BLM.

Burning Man organizers have agreed to pay the Washoe County Sheriff’s Office up to $105,000 for the cost of increasing patrols in the northern reaches of the county during the week-long counterculture celebration in the Black Rock Desert.

The Washoe County Commission approved the contract Tuesday, which continues the voluntary commitment by Black Rock City, LLC to share the cost of the law enforcement demands created by more than 65,000 event participants.

Washoe deputies aren’t responsible for law enforcement activities at the event, which is held just across the county line in Pershing County and is jointly patrolled by the Bureau of Land Management and the Pershing County Sheriff’s Office.

Image: RGJ

But the influx of 65,000 people to the sparsely populated corner of the county means more work conducting patrols and traffic control near Gerlach and on the roads leading to the event.

Under the contract, the sheriff’s office will use the money to pay for the salaries of additional deputies needed in the area, as well as their lodging, daily food expenses and vehicle cost reimbursements.

According to the contract, no state law or local ordinance requires the sheriff’s office to be reimbursed for the costs. But Burning Man as part of its agreement with the BLM agreed to help Washoe County with its law enforcement costs.

[Source: RGJ]

No word yet on if they get to eat the chocotacos, or if those are VIP wristband-only.

Jan 13 2014

Judge Backs Off Pershing Roadblock: Deal is Done

Judge Jones in Reno, who said the settlement deal cut between Burning Man and Pershing County was “illegal, unenforceable and absurd“, and suggested the lawyers involved should go back to school – has issued a new ruling on the case. Once again, he’s accused both sides of collusion, fraud, breaking the law, and abuse of process. The judge also acknowledged that he lacks the jurisdiction to void the contract – maybe it was him who went back to law school? However, he is still trying to get the nudity in front of children shut down:

He ordered the federal case closed but not before he again accused both sides of collusion, fraud and an abuse of process, and repeated his concerns about exposing children to public nudity

judge_turn_off_cell_phone_240245The judge said that the settlement was illegal – but he passed it into law anyway.

In a typical display of BMOrg humility, Burning Man’s lawyers told the media “the judge’s ruling has no legal effect” (wow!)

Here’s the full story, from Associated Press

RENO (AP) — A federal judge who refused to affirm a settlement agreement between a Nevada county and Burning Man organizers because he says it is “illegal, unenforceable and absurd” has issued a new ruling declaring the county the winner in a First Amendment fight that both sides insist was over long ago.

Lawyers for Burning Man’s Black Rock City LLC and Pershing County say they settled their differences in October over a proposed ordinance governing the counterculture festival and had been asking U.S. District Judge Robert C. Jones since then to give their agreement his blessing.

Both sides said late Friday they believe the deal intended to head off a legal showdown over constitutional limits on obscenity remains intact without Jones’ endorsement. Burning Man’s lawyers consider the judge’s latest ruling to be moot, while the county continues to review any potential legal ramifications.

Jones, who dressed down both sides’ lawyers and accused them of fraud before refusing their most recent request in his Reno courtroom Nov. 29, acknowledged in the new written order earlier this week he lacks jurisdiction to void the contract.

He ordered the federal case closed but not before he again accused both sides of collusion, fraud and an abuse of process, and repeated his concerns about exposing children to public nudity at the festival in the Black Rock Desert about 100 miles north of Reno.

young drunk stupid judgeIn an unorthodox move, he also granted a motion the county had filed July 31 seeking approval of its right to enact an ordinance banning children from attending the event. And he renewed his sharp criticism of the county’s legal team’s willingness to negotiate a deal that he says ensures no such ban will take place under a new 10-year-law enforcement agreement.

The annual weeklong celebration of self-expression and eclectic art leading up to Labor Day draws 60,000 free spirits to the desert playa, where costumed characters perform guerrilla theater and dancers spin — sometimes sans clothes.

Black Rock City filed suit in 2012 arguing the county’s proposed ordinance would be unconstitutional if it banned children, or prohibited “obscene, indecent, vulgar or lewd exhibitions” protected under the First Amendment as free speech.

Jones said in his ruling on Monday the county should have stuck to his guns because he would have upheld their right to pursue such rules.

“BRC, in collusion with the county’s counsel, filed and prosecuted this contrived, pre-textual lawsuit in order to obtain its new and illegal agreement with Pershing County, and in doing so, committed a fraud on this court, Pershing County and the Nevada Legislature,” Jones wrote.

“County counsel mimicked BRC’s charade, encouraging its client to settle on such obviously unfavorable and illegal terms,” he said. “It raises serious questions regarding the county’s decision to settle.”

Jones said the agreement implies the county cannot prevent minors from attending the event “even when state and local laws concerning child endangerment, child delinquency or child trafficking are implicated.”

“Such a contract is obviously illegal and no court would enforce it,” he said.

Jones said he recognizes he lacks jurisdiction to void the contract but that he does have jurisdiction “to declare an abuse of process and the commission of fraud upon the court in the filing and prosecution of this federal action.” He also said the county could revive the case in state court.

Annette Hurst, a San Francisco lawyer for Burning Man, said Jones’ order has “no legal effect” and the contract “remains valid, binding and in full effect.”

“BRC has every intention of performing in accordance with its terms,” she said in an email to AP on Friday.

Pershing County District Attorney Jim Shirley said he has not taken an official position on the effect the order has on the agreement, but believes Hurst is correct.

“At present time, there is an agreement in place and the parties intend to comply with the agreement,” he said.

The “moral” of this story? Money trumps the judicial process, in Northern Nevada.

Now that the deal’s been done, Pershing County gets paid $$$ per Burner, and traffic concerns have supposedly  been addressed…don’t be surprised if we end up with a larger population cap this year.

Nov 29 2013

“Absurd, Illegal, Mealy-Mouthed”: More on Judge’s Ruling on Burning Man/Pershing Dispute

My earlier post was hastily sent out from my iPhone, please forgive an initial spelling mistake, I hope you somehow managed to survive your day anyway.

Sounds like sparks were flying in the Sparks courtroom! The Judge seems like he’s part of the crew who thinks either the naked people or the children have to go from Burning Man. Here’s a bit more detail on what happened, from the Associated Press:

robertjonesRENO — Organizers of the annual weeklong celebration of self-expression and eclectic art known as Burning Man and a Nevada county where it is held thought they had resolved their legal dispute over the festival.

And they hoped to get the blessing of a federal judge overseeing the case, asking him to dismiss the lawsuit earlier this week.

Instead, they got an earful from U.S. District Senior Chief Judge Robert C. Jones, and threats that the lawyers in the case should either go back to law school or be disbarred.

Exactly what in the agreement between festival organizers and Pershing County lawyers prompted Jones’ criticism was unclear, though he said the agreement amounted to malpractice.

“You committed virtually a fraud on the federal court and the county commission,” Jones said. He said he’ll file complaints with the state bar association against all lawyers involved.

The two sides, however, believe they still have an agreement in their year-old legal battle over regulation of the annual event leading up to Labor Day in the Black Rock Desert, about 100 miles north of Reno.

scarvesDrawing 60,000 free spirits, it features costumed characters performing guerrilla theater and dancers in nothing but sheer scarves or less. The festival culminates with the burning of a 100-foot-tall wooden effigy. Over the years, so-called Burners claimed authorities were increasingly going [hard] on drug busts.

The county has long sought more money to provide security. When organizers balked, the county proposed an ordinance to enable sheriff’s deputies to regulate activities it considered “obscene.” One version of the ordinance also would have banned children from attending.

Festival organizers said such a law would violate their First Amendment rights, and sued in federal court. As the case sat before Jones, both sides began negotiating.

The agreement calls for the Burners to pay an estimated $240,000 annually for law enforcement and for meetings between festival organizers and officials to discuss police priorities before and after the event. The county agreed not to pursue the ordinance, or regulate anything that was covered by the festival’s permit from the Bureau of Land Management.

“It’s absurd and it’s illegal,” said Jones, though it wasn’t clear what would be illegal about the agreement. Jones said under the agreement the county was waiving its right to enforce state laws, including its ability to keep children from being exposed to people “running around nude on the desert.”

monkey wheel“You give them virtually a veto authority over what the sheriff is doing,” he said.

Both sides said Jones misunderstood.

“We didn’t give up any right to enforce any law,” insisted Brent Kolvet, a lawyer for the county.

“We concur,” said Annette Hurst, a lawyer for Burning Man’s owner, Black Rock City LLC.

Jones shot back, “I’m sure you do.”

Later, the judge said Kolvet was insulting his intelligence and described one of Hurst’s arguments as “mealy-mouthed.” Twice while mocking their positions, he said, “The record will reflect I’m laughing.”

He refused Hurst’s first request to speak.

“No. Just take careful notes,” Jones said.

Later, she asked again.

“I’m going to suggest, ma’am, you go back to law school,” he said. “Sit down.”

When Hurst said she was trying to complete a sentence, Jones told his clerk: “Call security.”

“For the last time, sit down,” he said.

Hurst sat and a U.S. marshal arrived seconds later but the hearing continued.

Jones refused to approve the deal and said a formal written ruling would follow.

With the county and Burning Man organizers saying they considered their dispute resolved, it wasn’t clear what impact his ruling would have on the agreement.

The Judge’s views have triggered a few choice comments on the Interwebz:

  • I practiced law, although not in Nevada, for 25 years. Frankly, I’d never seen court judges say crazy, nasty stuff to lawyers until I sat through a morning calendar at the Clark County Family Court’s Department P..

    And now this Federal judge appears to be very angry about something which he apparently did not articulate well enough for the reporter, let alone both sides’ attorneys to understand.

    Is someone putting crazy juice in Nevada judges’ water dispensers?

  • The judge is bluffing. He did not delineate the specifics of the alleged fraud. It’s contract law and if both parties agree to a contract, how could fraud be implied here? He is simply grandstanding for his base – bravo!
  • This is an evil, evil dude. A real nutcracker, right out of the 1850s:  “In November 2012, Judge Jones upheld Nevada’s ban on same sex marriage. The civil rights organization which brought the case, Lambda Legal, appealed the decision to the Ninth Circuit Court of Appeals in December 2012. Jones wrote in the decision: 

‘Human beings are created through the conjugation of one man and one woman. The percentage of human beings conceived through non-traditional methods is minuscule and adoption, the form of child-rearing in which same-sex couples may typically participate together, is not an alternative means of creating children, but rather a social backstop for when traditional biological families fail. The perpetuation of the human race depends upon traditional procreation between men and women. The institution developed in our society, its predecessor societies, and by nearly all societies on Earth throughout history to solidify, standardize, and legalize the relationship between a man, a woman, and their offspring, is civil marriage between one man and one woman.'” 
http://judgepedia.org/Robert_C._Jones

  • This clown is a Mormon wacko. Judge Jones should have been impeached long ago, and this latest outburst of idiocy might be the straw that finally breaks the camel’s back. 

Read all about him: http://en.wikipedia.org/wiki/Robert_Clive_Jones