RENO - Attorneys for Pershing County and Burning Man got a tongue-lashing in federal court last week over a signed settlement agreement resolving their year-long legal disputes.
U.S. District Court Judge Robert Jones called the deal "absurd" and "virtually a fraud on the federal court and the county commission," according to an Associated Press report on the Nov. 25 court hearing in Reno.
Jones refused to accept the agreement or allow a voluntary dismissal of a lawsuit filed by Burning Man officials against the county in August 2012. Jones said he'll present a formal written ruling on his decision.
Pershing County District Attorney Jim Shirley said this week the judge ordered the lawsuit to go before a jury in a trial scheduled for February.
"The judge set it for a jury trial," Shirley said. "He's going to rule on the motion that I filed for summary judgment, but then I don't know how the voluntary dismissal is going to affect all that."
The agreement apparently rejected by Jones was signed in September by county and Burning Man officials to settle disputes over law enforcement costs and resolve the lawsuit filed by Black Rock City, LLC, organizers of the
event. Officials from both sides of the litigation said they were satisfied the settlement agreement adequately addressed the county's future expenses as a result of the event and freedom of expression concerns expressed by BRC officials.
After a motion to dismiss the lawsuit was also presented, Jones called the agreement illegal and verbally attacked attorneys representing the county and BRC, according to the AP.
Jones said he was laughing at the settlement agreement and claimed it forfeits the county's right to enforce state laws at the event by giving BRC "virtually a veto authority over what the sheriff is doing."
The county's legal representative, Brent Kolvet, told Jones the county had surrendered its law enforcement abilities at Burning Man and this week Shirley said he agreed with that statement.
"BRC cannot dictate which laws are enforced or not enforced," Shirley said in a written statement. "The sheriff will still have absolute authority to conduct investigations and arrest people for state crimes committed at the Burning Man event."
Shirley said he's not sure why Jones would call the agreement "absurd and illegal." Earlier this year, Pershing County was authorized by a new state statute to exempt Burning Man from the county's event ordinance and negotiate future law enforcement payments by Black Rock City. The result was the new settlement agreement and a motion to dismiss the lawsuit that were both rejected last week by Jones.
"AB 374 provided that the county could enter into an exemption agreement and a separate agreement for payment of costs and that's essentially what we've done," Shirley said. "The only added layer is there's a lawsuit so we had to deal with the issues of the lawsuit as well and that's what this settlement agreement is primarily about."
An earlier motion by the county to dismiss the lawsuit resulted in the dismissal of three of the six original claims and a reduction of the three remaining claims, Shirley pointed out in his statement.
The county also had a pending motion for summary judgment. To limit the burden on taxpayers, Shirley said he and county officials attempted to end litigation with the settlement agreement and expected the lawsuit to be dismissed. The lawsuit has cost the county around $80,000 so far, he said.
"As to the absurd issue, the county faced the prospect of discovery and a trial that would have cost several hundred thousand dollars in attorney fees alone," he said. "Every effort was made to have the lawsuit dismissed."
Faced with a well-financed opponent in the lawsuit, Pershing County officials opted to work out a deal outside of court to ensure adequate law enforcement and public safety at future Burning Man events.
"Pershing County had to fight against a corporation with millions of dollars at their disposal and the ability to employ an army of attorneys," Shirley said. "Left with little opportunity to save the taxpayers a tremendous bill, the county commissioners agreed to terms which provide for the future while preserving the past. I don't think that such an agreement is absurd."
Pershing County Commission Chairman Darin Bloyed said he and other county officials followed the judge's orders to work out the agreement and that he's "baffled" by Jones reaction.
The settlement does not give Burning Man officials any control over actions by law enforcement at the event, Bloyed said.
"I thought we did what we were instructed to do to come up with an agreement," he said. "In the agreement, there's nothing in there that allows Burning Man to interfere with law enforcement."
Concerns over nudity and children at the festival could be addressed with additional restrictions in the Bureau of Land Management's special recreation permit for the Burning Man event, Bloyed said.
"The BLM needs to write it in their stipulations - no one under 18 or no nudity," he said. "I understand the morality issues but we don't have the resources to arrest everybody that's running around naked."
[[In-content Ad]]
