LOVELOCK - The legal battle between Pershing County and Burning Man officials could alter state law during the 2013 legislative session in Carson City.
State Assemblyman David Bobzien of Washoe County submitted Bill Draft Request #520, which calls for the prohibition of local government control or restrictions of events held on federal land.
A summary of the BDR was presented at a recent county commission meeting by Pershing County District Attorney Jim Shirley. The summary reads: "Prohibits local governments from enacting ordinances restricting events and activities on federal land."
In an Oct. 10 e-mail, Bobzien said the BDR was suggested by Black Rock City officials, organizers of the Burning Man festival, in response to the recently-enacted Pershing County festival ordinance. Bobzien is a Reno resident and a state Assembly representative for District 24 in Washoe County.
"I reached out to the Black Rock City organization upon learning about the (county) ordinance in order to help keep the event in our region and then requested the bill draft to address the situation at their
request," Bobzien said in the statement. "The ordinance is not only as issue of concern to many of my constituents who attend the Burning Man festival but one that has the potential for negative impacts to commerce and businesses in my district and the larger northern Nevada region."
Revising state statutes regarding local government event ordinances will be the focus of the legislation, Bobzien said. He believes federal laws may trump state and local laws governing events on federal land.
"The Supremacy Clause of the U.S. Constitution likely precludes state and local laws from being applied against a federally-permitted activity taking place on public lands managed by the federal government, such as the Burning Man situation," he said in the e-mail.
Pershing County District Attorney Jim Shirley said last week he plans to meet with Bobzien to discuss the BDR and argue for possible withdrawal of the document. He said the state assemblyman should consider both sides of the issue before attempting to change state law.
"My primary comment would be that he never came out here to talk to us," Shirley said. "If he talked to us, he might know what we were trying to do. We're not doing anything above what the state law requires. There's no revenue coming to the county from this. It's all about paying for services provided (by the
county). It's kind of shocking when a state legislator doesn't investigate all the facts and takes one side of the story and then tries to change Nevada law based upon that."
According to Shirley, the BDR is "contrary" to Nevada law calling for the return of federal land to the state.
"Our state says that the federal ground should be ours," he said. "Under the equal footing constitutional doctrine, that (land) should be ours. We shouldn't have had to give up ground to be admitted into the union."
At this year's Burning Man festival, BLM officers issued citations for drug and traffic offenses but they were not authorized to deal with major crimes, such as rape and assault, Shirley said. Those crimes were dealt with by county law enforcement officers.
"If they (the state) don't want us on federal ground that's fine but who's going to investigate the rapes, assaults and the things that BLM doesn't have the authority to investigate?" Shirley said. "Person-on
-person crimes are under the sheriff's jurisdiction- even the BLM has said that."
Crimes at this year's Burning Man included domestic batteries and numerous rapes, Shirley said. Sheriff's deputies also investigated the disappearance of a
young girl who was located after a two-day search at the event, he said.
"We had a girl that was missing for two days," Shirley said. "Any number of things could have happened to her. We have a track history proving they have the "date-rape" drugs. What could have happened to her if she'd been slipped one? We've got a lot of sexual predators out there. We prosecuted a gentleman a few years ago who had a kit for his assaults."
As for obscenity violations, sheriff's deputies allow for freedom of expression until it crosses the line to what they consider criminal behavior, Shirley said.
"This year, we had a guy that was parading his 12-year-old child around naked," Shirley said. "We arrested the parent for that."
On a personal level, Shirley said he doesn't believe minors should attend what he considers an adult event, but the county has not enforced that restriction on the Burning Man festival.
"They (sheriff's deputies) are not trying to be the moral police. They're just trying to enforce Nevada law," Shirley said. "They're cognizant of the
environment out there and are just trying to make sure there's not behavior that shouldn't happen at all, regardless of the event. You've got children out there and this is really an adult event."
In May 2012, Shirley filed a petition in the Sixth Judicial District Court requiring the county commission to comply with state law by enforcing a county festival ordinance. The ordinance requires a county event license and enforcement of state law at assemblies of more than 1,000 participants such as the Burning Man festival.
Last week, Shirley filed a motion to dismiss a lawsuit filed August 16 against the county by Burning Man officials. Among other complaints, Burning Man officials claimed the county has violated a 2005 contract that set county costs and conditions for the event.
In a press release on the motion to dismiss, Shirley said the 2005 contract violated state law and the county's new festival ordinance, revised earlier this year, was required to comply with state law regarding outdoor events. Only state lawmakers can change that requirement, he said.
"Absent a grant of authority from the Nevada legislature, no county in Nevada can exempt people within the county's borders from complying with the provisions of Nevada law."
Shirley also pointed out the festival is required to comply with state and local laws by the Bureau of Land Management, a federal agency.
"BLM regulations and the BLM permit issued to Burning Man expressly state that Burning Man is subject to all state and local laws."
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