You know nothing's worse than
coming home from a fantastic trip to find out that someone's stolen
your stereo and all your favorite CDs...
I've just gotten back
from The Score Tecate' San Felipe 250, a week of hard, fast desert
rides, complete and total hell raising, hedonistic moon
howling and the blatant fondling of alcohol numbed college co-eds
(Be sure to check out the 300 plus spine tingling photos in my
article this month "San Felipe, La Vida Nocha" as well as my write
up on San Felipe's killer beach dunes). Needless to say your
fearless hero had one of the best times of his jaded and cynical
nine lives. In fact after that fifth gear get off at mile 180 or
so, I'm down to about two lives left....
But lest I digress...
Who stole my stereo
you're asking yourselves?
The BLM, that's who!
I get home, crack open my email and
start the task of sorting through the hundreds of letters. You
know, the usual... Some asking for technical help, some telling me
I suck, some telling me I rule, some spam from porn sites, a
few marriage proposals, one or two were even from females.
One proposal of marriage was from
ORC's august and most famous Sr. Editorial Director and Vice
President of Big Wheel 80 Maintenance (be sure to email Hunky with
ALL your mini-cycle questions, rick@off-road.com), The one and only Rick
"Super Hunky" Sieman. Who it seems developed an unpleasant
fascination for photographing my naked derriere' whilst I was
sleeping off an all night binge at Rockodile, coercing young
college girls into wearing ORC stickers for bikinis , smoking
Cohibas, and drinking Dos XX's lager robustly through a beer
bong.
Sorry, I'm digressing again, back to the
point! And reading my email...
When I read a rather benign request from
a young man who wanted to know if he'll need a permit to have a
little "jam session" with his band for a few friends and family
members. Nice, polite kid, I think to myself, "I'll give him the
scoop..."
Yes, you'll need a permit.
You'll also need insurance.
And depending on when, where and how many, you may
need to pony up some green to the BLM for additional officers to
"monitor" the event.
Now I've had a couple of events in the
dunes and complied with the rules so I have a pretty good idea of
what to expect...
The BLM will bust your balls a bit
to make sure you're not the spawn of demons or trailer park trash
that's going to leave behind mountains of spent cans of Old
Milwaukee riddled with bullet holes. Then they'll cough up the
permit...
The nice young man sends me an email,
thanking me for my sage wisdom, and off he goes to contact the
BLM...
The next days
mail brings a most disturbing communication...
(This is a forwarded reply, so you'll have to read the entire
thread, BLM responses are in red).
Subj: Fwd: Permit for live
music....
Date: 3/20/00 4:47:00 PM Pacific Standard Time
From: RJenk49957@aol.com
To: mrdune@off-road.comWow......permits are easy to get huh? LOL Look
at this response from the BLM.........sheese, maybe we play lousy
old Rock & Roll but I've seen convicted felons get less than
this.........
By the way, your response to MdnghtMike's request to be removed
from the mailing list was right on target!! ----------------- Forwarded Message:
Subj: Re: Permit for live music....
Date: 3/20/00 9:33:26 AM Pacific Standard Time
From: Manuela_Johnson@ca.blm.gov
To: rjenk49957@aol.com
CC: Walter_Gabler@ca.blm.gov, Robert_Zimmer@ca.blm.gov In response to your request
to have a "jam" session in the dunes, groups of live music
are not authorized in the ISDRA . If you go ahead and have live
music, the ramifications are Citation and/or arrest with the
possibility of 1 year in jail and up to $100,000 fine.
Plus there may be civil penalties.
Should you have any
questions, please call Walt Gabler at (760) 337-4474 or Robert
Zimmer at (760) 337-4407. 03/20/2000
08:06 AM
Valerie Kastoll
To: Manuela Johnson/CASO/CA/BLM/DOI@BLM
cc:
Subject: Permit for live music....
---------------------- Forwarded by Valerie Kastoll/CASO/CA/BLM/DOI
on 03/20/2000 08:10 AM
--------------------------- RJenk49957@aol.com on 03/18/2000 06:51:32 AM
To: Valerie Kastoll/CASO/CA/BLM/DOI@BLM
cc: Subject: Permit for live music.... After reading the "Glamis Rules & Reg's"
posted on Mr. Dunes web site, I see that you are supposed to have a
permit to operate a "public address system" on BLM lands.
If my buddy's & I want to have a little "jam" session (far away
from popular camp sites, of course) I need to get a permit?
What, exactly, qualifies as a "public address system"?
What are the possible ramifications of not having a permit?
If I get one, does the 10pm "sound curfew" still apply?
Is there any cost involved?
How do we apply for one?
Thanks in advance for your help!! :-) |
So here we go, the BLM says, "No
tunes in the Dunes." I gotta tell that sure shocked the the shit
outta me! Where the hell did they come up with that? And that
response from Manuela Johnson? What does she eat? Nails, broken
glass and babies for breakfast? Who torqued her underwear to
300ft-lbs with an air impact wrench? Man, that letter puckered my
burrito so hard I could pass diamonds. And so I retired to my vast legal library
to peruse the Federal Codes, in search of the documentation to
support their ban on "live music."
Zip, zero, nada, nil, and did I mention
nothing?
I find rules about sound curfews, public
address systems, being courteous with noise levels, all kinds of
stuff.
What it boils down to is; For a band to
play on public or government owned lands all you need is a permit,
insurance and possibly to pay for security, either private or lease
officers from the governing body...
A lot of concerts take
place on public and government lands, even some really huge ones.
In fact they happen ALL the time...
Time for Mr Dune to
throw down the gauntlet...
Subj: Re: Permit for live music....
Date: 3/20/00 5:59:11 PM Pacific Standard Time
From: mrdune@off-road.com
To: Manuela_Johnson@ca.blm.gov
To: Walter_Gabler@ca.blm.gov
To: Robert_Zimmer@ca.blm.gov,
Elayn_Briggs@ca.blm.govSirs and Madams,
I was very surprised to read this almost vicious
response to a genuinely sincere request for information on securing
a permit. With responses like this it is no small wonder relations
between the BLM and park visitors are at an all time
low. I am curious as to where it
states in writing that "live music" is expressly forbidden within
the ISDRA (or any adjacent publicly owned lands) and what exactly
constitutes "live music." You may forward this document to me via
Email attachment or by fax to my offices at
Off-Road.com. Following below is the thread of
communications I'm referring to... I look forward to a prompt reply,
Sincerely, Ed Wissing
aka Mr. Dune
VP, Director of Sales and Marketing
Sr Editor/Sand Sports Editor/Columnist
Advanstar Communications, Inc.
Off-Road.Com
The Off Road Network!
http://www.off-road.com
http://www.mrdune.com |
Now gang, you're gonna love this
complete BS I got in response, talk about typical bureaucratic, go
away and play in the traffic, double speak... And Manuela, just a
tip... When writing an editor, use spell check.
Subj: Re: Permit for
live music....
Date: 3/21/00 8:35:45 AM Pacific Standard Time
From: Manuela_Johnson@ca.blm.gov
To: mrdune@off-road.com
CC: Walter_Gabler@ca.blm.gov, Robert_Zimmer@ca.blm.gov,
Larry_Caffey@ca.blm.govDear Mr.
Dune: By no means was my response
intended to be vicious. Simply, all I did was answer your
questions. You asked what the ramifications would be if you had
live music without a permit and I provided you with an
approriate (sic) answer. If you look at the Supplementary Rules: 43 CFR
8365.1-6, (listed in the Federal Register) you can find the
appropriate citatations (sic). I did not go into details with the
remainder of your questions because the activity you requested
information on is not a legal activity in the Imperial Sand Dunes
Recreation Area
(ISDRA). Should you have additional
questions, please contact Walt Gabler at (760) 337-4474 or Robert
Zimmer at (760) 337-4407. Thank you.
Manuela |
Now it seems Ms. Johnson feels she
can patronize Mr Dune with platitudes, and by quoting chapter and
verse from the Federal Register. Shame, shame, shame on you Manuela!
You should have come better prepared to
the debate!
Maybe that, "Here I'll spout off some
mysterious Citation number and he'll be too lazy to look it up, and
meanwhile he'll vanish off the planet." crap works on the average
citizen that demands the BLM prove they have the legal right to
make up draconian regulations at will. But it doesn't work on
me...
You see I had already read the entire
Federal Register's content regarding visitor rules, regulations,
punishments and procedures as it relates to the Department of the
Interior, Bureau of Land Management before I wrote to her. Knowing
full well I'd be given some gobbledy-gook like this in response.
(If you would like to download the pertinent set of CFR's as a .doc
file Click Here! It's a good idea to know the
law.)
What's worse is she didn't even pay
attention to the the thread of communication and the obvious fact
that it wasn't me that asked for the permit. One more time, shame
on you Manuela!
Now before you read my response to her
completely inane letter, I want to fill you in on what Title: 43
CFR Section 8365.1-6 really says...
Subpart 8365--Rules of
Conduct Sec.
8365.1-6 Supplementary rules. The State
Director may establish such supplementary rules as he/she deems
necessary. These rules may provide for the protection of persons,
property, and public lands and resources. No person shall violate
such supplementary rules. (a) The
rules shall be available for inspection in each local office having
jurisdiction over the lands, sites or facilities
affected; (b) The
rules shall be posted near and/or within the lands, sites or
facilities affected; (c) The
rules shall be published in the Federal Register;
and (d) The
rules shall be published in a newspaper of general circulation in
the affected vicinity, or be made available to the public by such
other means as deemed most appropriate by the authorized
office |
Ok, blah, blah, blah...
The "Director" can make up some new
rules, with some strict controls on justifying them, publicizing
them, and publishing them, in the Federal Register! Then
they must be posted conspicuously in the office (and pursuant to 43
CFR 8365.2 at the entrance to any developed sites or areas). Funny,
I haven't seen "No live music," on the signs, have you?
Now I didn't ask Manuela to demonstrate
the legal precedence to make new rules, did I? I asked her for
the written regulation itself.
So knowing from her
first response to me that she just ain't paying attention, I go
into a little more detail...
Subj: Re: Permit for live music....
Date: 3/21/00 3:04:11 PM Pacific Standard Time
From: mrdune@off-road.com
To: Manuela_Johnson@ca.blm.gov
CC: Walter_Gabler@ca.blm.gov
CC: Robert_Zimmer@ca.blm.gov,
Larry_Caffey@ca.blm.gov
CC: Elayn_Briggs@ca.blm.gov
CC: lenhart@off-road.comMs.
Johnson, To clarify these
communications; It wasn't I that
requested information on securing a permit. The gentleman that did
so, had contacted me initially and asked if the BLM would require a
permit. I stated that it was probable they would, as well as be
required to obtain insurance and possibly be required to pay for
additional BLM Rangers and/or private security to ensure a safe and
controlled event (depending on it's size and
format). It is our intention at
Off-Road.com to work with the BLM as well as ISDRA visitors to
educate and promote compliance with the rules at the ISDRA and an
atmosphere of good will towards "good people" and of zero tolerance
towards the recent onslaught of thugs and gang bangers that have
unfortunately discovered our playground. The inherent dangers of
OHV use and the well known rowdy behaviors of the average ISDRA
visitor are risks we not only accept, but embrace. This is a place
we come to blow off steam and live on the edge. Where we can play
hard and not endanger anyone but ourselves. We will accept a little
insanity, we will not accept theft, assault, or criminal
activity. Recently the BLM's enforcement
attitudes have changed direction towards these ends, and we at ORC
have taken notice. In fact we are preparing an article for the
April issue in praise of your recent efforts in using discretion in
contacts with those that "step over the line." And using the full
force of the law to prosecute those punks that commit crimes and
provide dangers to park visitors, they are unwilling to
accept. The gentleman that contacted me
was so disturbed by your arbitrary and almost hostile response that
he cc'd me a copy of your email reply to his request for info. I
was also disturbed. Had you inquired what type of
event he was planning, what he had in mind, etc. And worked with
him to sponsor a a safe and fun event, my reaction would have been
far different. Is it a couple of guys playing Eagles tunes? Or a
grundge band looking to host a mosh pit? These are valid
questions... To arbitrarily forbid musical performances on public
lands has no precedence. To the contrary, many musical events are
routinely hosted on public and government lands, with excellent
results. I merely asked where it was
published that "live music" is forbidden at the ISDRA or any
adjacent or other public lands. And what exactly constituted "live
music" for the purposes of prosecution, imprisonment and/or fines.
If I pull out my acoustic guitar for a serenade at the sand drags
and someone complains that I sing/play poorly (43
CFR 8365.2-2 --- "disturbs other visitors"), have I violated
the law? You also informed him that he
could be subject to a fine of up to $100,000. This is incorrect,
the maximum fine on BLM lands for section 8360
violations is $1,000 (43 CFR 8360.0-7) I'm sure you were
just mistaken and not trying to intimidate. If the CFR is wrong on
this please provide me with the correct title and section so that I
may update my records. -------- I requested you provide me with
the published regulation where it stated that "live music" was
expressly prohibited: Pursuant to 43 CFR
8365.2: Developed recreation sites
and areas.
The rules governing conduct and use of a developed recreation site
or area shall be posted at a conspicuous location near the entrance
to the site or area. -------- In response you directed me to: 43 CFR
8365.1-6: Subpart 8365--Rules of
Conduct Sec. 8365.1-6 Supplementary
rules. The State Director may
establish such supplementary rules as he/she deems necessary. These
rules may provide for the protection of persons, property, and
public lands and resources. No person shall violate such
supplementary rules. (a) The rules shall be
available for inspection in each local office having jurisdiction
over the lands, sites or facilities affected; (b) The rules shall be
posted near and/or within the lands, sites or facilities
affected; (c) The rules shall be
published in the Federal Register; and (d) The
rules shall be published in a newspaper of general circulation in
the affected vicinity, or be made available to the public by such
other means as deemed most appropriate by theauthorized office. -------- Nowhere above does it state an answer to my
question. Once again I ask you to provide me with the
documentation to support above subsections (a) and in particular
(c), relating to the performance of "live music" being a forbidden
activity. Or has the area manager made a ruling contrary to Federal
law and procedure in this regard? -------- In anticipation of your directing me
to: 43 CFR
8365.2-2: Subpart 8365--Rules of
Conduct Sec. 8365.2-2 Audio
devices. On developed recreation
sites or areas, unless otherwise authorized, no person
shall: (a) Operate or use any audio
device such as a radio, television, musical instrument, or other
noise producing device or motorized equipment in a manner that
makes unreasonable noise that disturbs other
visitors; (b) Operate or use a public
address system; (c) Construct, erect or use
an antenna or aerial for radiotelephone, radio or television
equipment, other than on a vehicle or as an integral part of such
equipment. --------- It is clear by above that within Federal and
ISDRA regulations he could: (a) Secure a permit. And with the BLM's help
and expertise host a successful event. (b) Host the event without need of permit in
an undeveloped recreation site or area (outside of the fee for use
area, refer to 43 CFR 8360.0-5(c): definitions of
a developed site or area). (c) Host the event with amplified music but
without amplified voice (PA permit required) provided he obeyed the
10 pm sound curfew or hold it in an area so remote as to not
"disturb" other park visitors.
I'm sure you are as eager to clarify these
issues as we are. I look forward again to your prompt
reply.
Ed Wissing
aka Mr. Dune
VP, Director of Sales and Marketing
Sr Editor/Sand Sports Editor/Columnist
Advanstar Communications, Inc.
Off-Road.Com
The Off Road Network!
http://www.off-road.com
http://www.mrdune.com |
Well the BLM must be in a tailspin,
they haven't gotten back to me yet (read as "stonewalled" me) and
here I am at deadline. If they had a leg to stand on I'm sure I'd
have received the documentation by now. So I gave Walt Gabler a call... Now Walt's a decent guy, pretty pleasant
in fact. Walt is in enforcement and he doesn't make policy. That's
up to the area manager, Elayn Briggs. When I asked him why I was
stonewalled, he started mumbling and talking in circles. But I did
get an "official" statement out of him...
"The
ban on live music performances is not a law or regulation. It is a
policy. We (the BLM) have the right to institute any policies we
see fit and to discriminate against anyone in the issuance of a
permit, for any reason."
Now Manuela Johnson
told this kid that live music was "illegal." Make one
misrepresentation and you could be mistaken, make two and you're a
liar. She lied, twice. Live music isn't illegal, it's
illegally banned, and the fine is $1,000, not $100,000. I smell a
rat. A big fat government rat, the same rat that pisses in our
Cheerios every day of the month.
Do you know what should really piss us
all off? The appearance of arrogance on the part of the BLM
management, let me rephrase that, their bold faced arrogance...
They do not have the right to "make up" new rules as
they go along.
Not the BLM nor anyone has the right to discriminate
against "anyone for any reason." I'm the last one to toot the P.C.
horn, but arbitrary discrimination is a federal crime. Period.
They work for us, and the law is specific. They must
provide us with documentation of regulations by signage, on site
documentation, and publication in the Federal Register as well as
in print media at the time of adoption, to open the topic up for
debate and possible court injunction pending adjudication.
They do not have the right to threaten innocent
citizens with prosecution and fines as a response to
legitimate questions.
They are charged with enforcement of the law, and as
such must be held to a higher standard. If they see fit to bend the
law to suit their whim the result is anarchy.
"No matter how important,
conspicuous and controversial the issue and regardless of how
likely the public is to hold the executive branch politically
accountable, an administrative agency's power to regulate in the
public interest must always be grounded in a valid grant of
authority from Congress."Justice Sandra Day
O'Connor
|
You know I started this column in a
humorous vein, but this really is very serious.
Personally, like many of you. I could give a rat's ass if
there were live music events in the Dunes, sure once in a while
they'd be fun, but so what? I'll tell you...
What I do care about is a bunch of
government bullies trying to scare decent kids. Bullies operating
outside of the law, trying to push you and I around. The present
administration from President Clinton, to the FBI at Ruby Ridge, to
the BATF at Waco, and way on down to the lowliest BLM field
officers have continually exercised total disregard and disrespect
for the Constitution, the will of the American people and the blood
our families have spilled in the name of freedom and equality.
You may not think
"Tunes In The Dunes" is a big deal...
What personal freedom do you have to
lose to get off your ass and do something? Or maybe you'll just
wait for the jack-booted thugs to drag you off into the cold dark
night?
You can do something, you can Speak Out!
You can vote for Bush!
Mr.Dune
I'm sure the BLM would love to hear from you,
In fact they are sitting at their computers, anxiously
awaiting your emails. And at their phones, eager to answer your
calls...
Just Click Here to send the BLM a thoughtful
note on what you think of them operating outside the law!
Or feel free to call:
Walt Gabler at (760) 337-4474 or Robert Zimmer at (760)
337-4407.
And once again you
can download the Federal CFRs if you Click Here!
A note from the Editor…
This is my forum, not yours! If you don't like my views or
opinions, then get a life!...E-mail Mr Dune at: mrdune@off-road.com for instructions on finding
a life.
Please be sure to check out Off-Road.com's Land Use
Section,
Written and produced by Brad Ulrich. And jam packed with
information
on the latest shaft jobs our government and the Eco-Nazis are
trying to pull on us!
Be sure to check out readers responses at:
Mr. Dune's Readers Write
