This whole deal was an exercise in C.Y.A.
The County Commissioners are on record as keeping the burn ban in place. If a spark from Bonfire causes property damage, they can say the commission sought injunctive relief to back up the burn ban. That outcome was assured when three of the five commissioners elected not to show up.
If something bad happens, the county commissioners' six o'clocks are covered.
Meanwhile, Judge Langley apparently took into consideration the effort and funds expended both by the students and Wayne Brown, the owner of Hotrod Hill Race track. He lifted the injunction. Therefore, if Bonfire burns tomorrow, ASB officials face only the maximum $500 fines prescribed for violating the burn ban. They will not face penalties that follow from violating an injunction.
Judge Sims told me this evening that it was he who requested (presumably using the county attorney as his agent) that Judge Langley issue an injunction. He said he did so just today because the dryness index (KBDI) had reached 670, which exceeds the level in the 500s when the burn ban went into place in the summer. Why the short notice action? Sims says he has hoping for rain.
Sims took a series of probing and hostile questions from those in attendance after the County Commission meeting was adjourned for lack of a quorum. At one point, he told a television reporter: "The breakdown lies with me."
There is indeed an exemption in the statewide burn ban regulations for ceremonial fires. Judge Sims told me he had consulted with Student Bonfire leaders as early as three and one-half months ago. He advised them of the ceremonial exemption.
However, Sims blamed himself for not reading further down in the document. Later on, it contained a paragraph that stated that counties were empowered to impose more restrictive burn bans than the state guidelines prescribe. This latter provision, he says, motivated the Commissioners' Court to seek injunctive relief in Judge Langley's court.
I pressed him as to why the three other commissioners didn't show. He said he didn't know. I think he did. Because there was no quorum, the burn ban could stay in place and the county commissioners would have an excuse if some accident happens tomorrow night.
The County Commissioners are on record as keeping the burn ban in place. If a spark from Bonfire causes property damage, they can say the commission sought injunctive relief to back up the burn ban. That outcome was assured when three of the five commissioners elected not to show up.
If something bad happens, the county commissioners' six o'clocks are covered.
Meanwhile, Judge Langley apparently took into consideration the effort and funds expended both by the students and Wayne Brown, the owner of Hotrod Hill Race track. He lifted the injunction. Therefore, if Bonfire burns tomorrow, ASB officials face only the maximum $500 fines prescribed for violating the burn ban. They will not face penalties that follow from violating an injunction.
Judge Sims told me this evening that it was he who requested (presumably using the county attorney as his agent) that Judge Langley issue an injunction. He said he did so just today because the dryness index (KBDI) had reached 670, which exceeds the level in the 500s when the burn ban went into place in the summer. Why the short notice action? Sims says he has hoping for rain.
Sims took a series of probing and hostile questions from those in attendance after the County Commission meeting was adjourned for lack of a quorum. At one point, he told a television reporter: "The breakdown lies with me."
There is indeed an exemption in the statewide burn ban regulations for ceremonial fires. Judge Sims told me he had consulted with Student Bonfire leaders as early as three and one-half months ago. He advised them of the ceremonial exemption.
However, Sims blamed himself for not reading further down in the document. Later on, it contained a paragraph that stated that counties were empowered to impose more restrictive burn bans than the state guidelines prescribe. This latter provision, he says, motivated the Commissioners' Court to seek injunctive relief in Judge Langley's court.
I pressed him as to why the three other commissioners didn't show. He said he didn't know. I think he did. Because there was no quorum, the burn ban could stay in place and the county commissioners would have an excuse if some accident happens tomorrow night.
