A local initiative to outlaw minors at Burning Man is underway in Pershing County. Sexual predators, illegal drugs and alcohol abuse are among the potential hazards to youth at the annual counter-culture event, according to local anti-drug and child welfare activists.
"What happens on the playa isn't just about nice artwork," said Jeff Munk, director of the Frontier Community Coalition headquartered in Lovelock. "I've heard from people how beautiful the art is but have they been to other parts of the event where there is open sex and drug and alcohol use? We can't fight Burning Man but I wish to heck they would not allow anyone under the age of 18 out there."
Last week, Winnemucca Bureau of Land Management Supervisor Gene Seidlitz said he believes the county sheriff may have the authority to enforce an age restriction at the event. The BLM governs public land use and other federal concerns but not local regulations regarding minors at events.
A minimum age limit for Burning Man participants makes sense to Pershing County Sheriff Richard Machado but he'll consult with local legal authorities, including Pershing County District Jim Shirley, regarding his authority to enforce such a restriction at the festival.
"I'll get with the district attorney and probably other legal advisers like the state attorney general," he said. "Is it my professional opinion that this is an adult event? Absolutely, it is an adult event and I don't believe children should be out there for a lot of reasons. Certainly, I will check on my authority to make this an adult event."
Machado, who's campaigning for a second four-year term as county sheriff, has overseen law enforcement at Burning Man for the last three years. A restriction on minors has been considered before but "it was suggested that I leave that alone," he said last week. Now, he may re-consider that option.
"There's some support in this community but maybe other communities that this should probably be an adult event," he said. "Frankly, it would make my job out there easier. I wouldn't have to make plans to close the event due to a missing child and other issues such as child endangerment would go away."
Pershing County District Attorney Jim Shirley agrees the Burning Man event is not suitable for children but said he would need to research whether the sheriff could outlaw children at the event.
"Minors under the age of 21 aren't supposed to have alcohol," he said. "There's a lot of alcohol and drugs out there and there's a lot of activity that isn't for a younger crowd. With the number of rapes that we had last year and the other violent crimes, it would be better that minor children were not out there."
The issue is complicated by AB 374, legislation passed last year by state lawmakers giving counties the option to exclude large outdoor events from local event ordinances. During negotiations over the legislation, Pershing County officials agreed to exclude Burning Man from the local event ordinance.
In return, Black Rock City officials agreed to end ongoing litigation against the county, Shirley said. That litigation continues, however, with an appeal by BRC after their 2012 lawsuit against the county was dismissed. Shirley has filed a response to the appeal in another attempt to end expensive litigation.
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