Last Thursday, the Pershing County commissioners rejected Burning Man's five-year compensation package of $400,000 per year for law enforcement in Black Rock City this summer. Commissioners Larry Rackley, Joe Crim and Shayla Hudson led the meeting, with Hudson participating via Zoom. After the commissioners reached their unanimous decision, the few dozen attendees clapped and cheered.
The sheriff, Crim and DA Bryce Shields have been in talks with Burning Man following the expiration of the 10-year contract negotiated in 2013. It followed a 2012 lawsuit initiated by Black Rock City against the County.
"We're disappointed by the direction the negotiations have taken," said Katie Hoffman, reading from a prepared statement. Hoffman and Greg Herrera represented Burning Man at the commissioner's meeting. Hoffman is the agency relations manager. Herrera is the law enforcement liaison.
"We've been negotiating in good faith with the County for nearly a year, and have submitted several proposals to their team. Despite Burning Man's best efforts at these negotiations, we understand that the sheriff and the DA feel the offer did not go far enough," said Hoffman.
She noted that with a peak population of 74,126, there were only 13 arrests and five citations at Burning Man last year.
"The sheriff has pushed to drastically increase his operations even though this escalation is unwarranted," she concluded. She said the sheriff refused to scale law enforcement operations to the needs of the population. He wants $585,000 to staff the event, $185,000 more than Burning Man has offered.
Bureau of Land Management (BLM) officers and Washoe County deputies also patrol the temporary city filled with breathtaking art installations. This year's tickets cost $575 with $150 for a vehicle pass. A Live Entertainment Tax (LET) adds nine percent to the price of the ticket.
Burning Man started on San Francisco's Baker Beach in 1986 when 20 guests burned an 8-foot effigy they called the Burning Man. They moved to Black Rock City, Nevada in 1991.The 2018 Black Rock City Census found that participants had a median income of $64,700 with more than half earning over $100,000.
Sheriff Allen explained why he would not ask the County to accept the proposal.
"The compensation has to include more than the Sheriff's Office," he said. "The Sheriff's Office does the majority of the heavy lifting at the festival, but the DA's Office does a lot of the heavy lifting afterwards with prosecutions."
"The county administrators, the clerk, and the auditor do a lot of number crunching and paperwork. This cannot just be a law enforcement contract. It has to benefit the entirety of the county, not just my office."
"I don't think going into negotiations with the overhead threat of a lawsuit is a good negotiation tactic, and we've been under that umbrella the whole time," he added, acknowledging this was his first time negotiating a settlement of this magnitude.
Amanda Burrows, Wendy Nelsen, Lee Ann Gallagher, and Diana Munden each introduced themselves as taxpayers in the community before directing questions to the Burning Man reps.
"Why doesn't Burning Man pay the transient tax that other mobile home places have to pay?" Burrows asked. Wendy Nelsen urged the commissioners to add the issue to the next agenda.
Shields replied that Burning Man's compliance with the transient tax had come before the board three or four times over the past nine years. He explained the tax does not apply to Burning Man because they're not a housing entity.
"Also, sales tax," added Nelsen. "They have luxury people coming in. Where's the sales taxes for all that? We would not have to be groveling to these folks for money if they paid their fair taxes like all of us do. If you put up a tent, you have to pay the transient tax."
Nelsen also expressed concern about the presence of alcohol and children at the event. The 2013 settlement agreement forbade the County from attempting to regulate any matters addressed by the BLM permit.
"I absolutely support the board's decision not to accept this, and I back the sheriff 100 percent," said Munden. "What we're seeing here are the ancillary costs to this county. If I had my druthers, being a child of Woodstock, I would say 'Pershing County, walk away.'"
Gallagher came equipped with statistics from the Reno Gazette Journal and other sources showing that in 2023 Burning Man brought in $46.2 million. However, the Burning Man website says that as a nonprofit, they funnel most of this money back into the event. She suggested the County consider hiring a professional negotiator.
The Powder House, a local gun and ammo store, sent an email urging the County not to settle for less than a million dollars.
The parties now head back to the negotiating table. Time is of the essence. Burning Man runs from Aug. 25-Sept. 2. This year's theme is Curiouser and Curiouser.