LOVELOCK - The Bureau of Land Management was drawn into the legal squabble between Pershing County and Black Rock City as an amended county festival ordinance was presented to county commissioners by District Attorney Jim Shirley last week.
The revised code would allow the county sheriff to deputize BLM officers for state and local law enforcement at Burning Man with sheriff's deputies responding only to emergencies.
A county law enforcement budget agreement with BRC for the 2013 Burning Man event could be cancelled with BRC payments to be reimbursed by the county, Shirley said. BRC would pay the BLM instead of the county for law enforcement services.
BLM Winnemucca District Manager Gene Seidlitz and BLM Special Agent in Charge of Law Enforcement Dan Love heard the amendment but had no comment after the meeting.
Black Rock City's Ray Allen said the idea of BLM officers handling all law enforcement at the event might be a good one. Last year, BRC officials filed a lawsuit against the county over what they described as "drastic increases" in county law enforcement fees.
Last week, the county commission chamber was packed with local community leaders, Burning Man organizers and government officials as Shirley explained the amendment.
"Essentially, this is authorizing county officials to pursue a different way of having law enforcement at the event," he said. "We are looking at possibly authorizing BLM to do all the state law enforcement activities at Burning Man. We're trying to minimize the burden."
Subsequent to the first reading, commissioners granted Shirley's request for permission to pursue a law enforcement agreement with the BLM for the 2013 Burning Man event.
"I would ask that you authorize me to pursue an inter-local agreement with the BLM with a final agreement to be approved by the board," he said.
If an agreement is reached and the BLM takes over law enforcement at Burning Man, it would eliminate the county's costs and liabilities of policing the event, Shirley said this week.
The proposed county festival ordinance amendment is in relation to Assembly Bill 374 currently under consideration in the state legislature.
Sponsored by Assemblyman David Bobzien of Reno and 22 other legislators at the request of BRC lobbyists, the legislation would prohibit county licensing, regulation or license fee requirements for events federally permitted on public land.
Rural county leaders who oppose the bill say it could undermine emergency services and public safety at remote events like Burning Man.
An amended version of AB374 introduced into the Assembly last week would permit counties to make law enforcement contracts with event organizers and be compensated by organizers for law enforcement services at Burning Man and other public land events.
Shirley said this week the amendment does not eliminate his opposition to AB374.
"I think the same objections still apply," he said. "It still restricts the county's rights to coordinated management of the BLM grounds so we're opposed to it. We don't want to be in an agreement situation ever again and would prefer the coordinated management."
If an agreement with the BLM is reached, national park rangers may be deputized with state police powers for the duration of the Burning Man event only, Shirley said.
"There's a diversion of opinions on that but we think that they (park rangers) would be better qualified for the person-on-person (crime) than regular BLM officers," he said.
If the BLM agrees to police the event, county law enforcement costs would be withdrawn from the county's license fee agreement with BRC but not prosecution and other costs.
"For Pershing County, it has enormous benefits because we wouldn't have to worry about putting together a large law enforcement force with all the liabilities and worker's comp," Shirley said. "We're trying to minimize the burden on county government. The taxpayers here should not be flipping the bill for a party in the desert."
On Tuesday, after a third reading, members of the Assembly passed AB374 as amended by a vote of 26 to 15. The legislation next goes the Senate Government Affairs Committee for another vote before going to the floor of the Senate for the final vote. The deadline for second house passage is May 24.
The Pershing County Sheriff's current law enforcement budget for Burning Man is on hold while AB374 is considered by legislators, Shirley told the commission. If the state legislation is passed, and even if it isn't, Pershing County will probably not provide full-time law enforcement at this year's Burning Man event.
"The sheriff is not spending any money right now; he's kind of hold until we see what happens with that bill," Shirley said. "The bill takes out the provision for collecting fees so we won't be able to collect a fee for law enforcement. If AB374 goes through, we're done and that's why we're pursuing the BLM (law enforcement) option so strongly."
A 2012 federal lawsuit filed by BRC claims Pershing County's law enforcement fees are arbitrary and excessive and that the county festival ordinance doesn't apply to the Burning Man festival, BRC attorney Adam Belsky told the commission. County prosecution costs billed indirectly through the BLM would be unconstitutional, he said.
"We wanted to remind everyone of BRC's position that the ordinance itself is pre-empted and doesn't apply to Burning Man," Belsky said. "So, our position on the amendment is that it has no application to Burning Man and we remind commissioners of our position that it's unconstitutional to make excessive charges to Burning Man. One of the costs we're challenging is prosecution costs charged directly or indirectly through the BLM."
Allen told commissioners last week that the 2013 Black Rock City population could be higher than previously expected and that the estimated attendance now stands at 68,000. In December, BRC estimated the festival would draw about 64,000 "burners".
The increased attendance will require an amended BLM special recreation permit application and might increase Pershing County's law enforcement costs, Allen said.
"We will meet BLM's deadline for the permit and will do the same for the county," Allen said. "We still don't think the county application process applies to us but as long as that issue is undecided, we will continue to comply with county requirements and deadlines."
The BLM's five-year environmental assessment completed last year sets an upper limit of 70,000 attendees for Burning Man, Seidlitz told the commission.
Shirley asked BRC officials what the impact would be if sheriff's deputies responded only to emergency calls instead of patrolling the event full-time as in past agreements.
"We'll have to think about that," Belsky replied.
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