...At least until this whole deal is over

I was there and have somewhat of an interest in knowing what went on.

Here are the facts:

--The injunction IS LIFTED

--The burn ban is not

--Lighting the fire will cause a class C misdemeanor ticket(s) to be issued. Max fine per ticket $500.

--The Commissioner's Court did not have a quorum so they could not convene and make the decision to lift the injunction

--Once the CC was adjourned, a motion was filed with Judge Langley(sp?) to lift the injunction

--The Judge lifted the injunction saying that there was sufficient recourse through law so the injunct was not needed.

--He went on to point out holes he saw in ASB as well as some good points he saw

--Complaining and name calling the Judges and Sheriff's Office before this thing is finally over will not help the cause.

--The officers that were there were very cordial, friendly, and understanding of what the Grays were going through. They arranged a suitable meeting to handle the fines. They could come in and stop the whole deal while they issue the tickets. So how about giving them a break and quit berating them on a public forum

--Same thing for the CC and the Judges. They could have locked this thing down tight, but they allowed the resolution we currently have. So give them a little slack until this is over, please.

Thank you for your consideration.

I'm headed to stack.

Scott Coker '92

While I can appreciate your desire to put the events of today behind us, there are aspects of your analysis with which I disagree.

My reason for continuing this discussion lies in the inevitable criticism the students will face for lighting Bonfire tomorrow in the midst of a burn ban. Those in the community, such as our daily newspaper that once editorialized that Aggies should "let the Bonfire tradition go," will see this as further evidence that students are too irresponsible to be trusted with such a dangerous project.

Even if everything goes flawlessly Saturday night, the Bonfire cause will still suffer a black eye. Consequently, we should know that elected officials did not exactly conduct themselves with unblemished fortitude today.

To cite an example:

quote:

---

--The Commissioner's Court did not have a quorum so they could not convene and make the decision to lift the injunction.

---

This leaves the impression that the burn ban might have been lifted.

My conversation with Judge Sims leads me to believe that Commissioners' Court always intended to leave it in place. Lack of a quorum allowed the commissioners to have a fallback position with the general public should wind-blown sparks from Bonfire ignite vegetation or set structures on fire.

I believe the three commissioners who didn't show were reasonable available, but deliberately chose not to attend.

Judge Sims admitted to having told ASB leaders of the "ceremonial" exemption some three and one-half months ago. He claims that further reading of the state burn ban guidelines prompted him to seek the injunction, but he never satisfactorily explained why he waited until Friday morning. He could say only that he hoped for rain.

In other words, those who stoke Bonfire tomorrow will face $500 fines so that commissioners have their butts covered. That will happen some 14 weeks after the county judge assured them of an exemption.

I'm sure their fines will be covered by donations, but I hate to see those students vilified publicly, and tagged with a misdemeanor citation, which invariably they will.

Otherwise, I'm heartened by the attitudes exhibited by the law enforcement officials and other elected and appointed leaders. Thanks for bringing this to light.



[This message has been edited by DualAG (edited 11/18/2005 10:57p).]

Dual - you hit on a point that a former Grey and I discussed at Sam's today...

SB is "damned if they do and damned if they don't" on this one.

Don't burn it, and you send the clear message that you'll fold for anything and, after all, what's a couple of grand after you've spent $30,000 ish.

Burn it, and once again SB is relegated to "renegade" status. SB doesn't care about the law and what's right, they just want to burn their fire no matter what the cost.

I can almost guarantee you that you'll read some quote, from someone, to the effect of B in The Batt on Monday.

And that's what saddens me. Some people just don't seem to care anymore.

This will be the first bonfire I attend. No matter what they say on monday, I know I will have experienced one of the greatest nights Saturday.

I assume all the permit requirements required under the Texas Mass Gathering Act (Texas Health and Safety Code Chapter 751) have been completed and approved by the Brazos Co. Commissioners Court?

[you can thank Willie Nelson and his 4th of July picnics for this law]See penalty clause at then end of this post.

A "Mass Gathering" is defined as "a gathering:
(A) that is held outside the limits of a
municipality;
(B) that attracts or is expected to
attract more than 2,500 persons; or
more than 500 persons, if 51 percent or
more of those persons may reasonably be expected to be younger than 21 years of age and it is planned or may reasonably be expected that alcoholic beverages will be sold, served, or consumed at or around
the gathering; and

(C) at which the persons will remain:
(i) for more than five continuous hours; or
(ii) for any amount of time during the
period beginning at 10 p.m. and ending at 4 a.m.

At least 45 days before the date on which a mass gathering will be held, thepromoter shall file a permit application with the county judge of the county in which the mass gathering will be held.
(b) The application must include:
(1) the promoter's name and address;
(2) a financial statement that reflects the funds being supplied to finance the mass gathering and each person supplying the funds;

(3) the name and address of the owner of the property on which the mass gathering will be held;
(4) a certified copy of the agreement between the promoter and the property owner;

(5) the location and a description of the property on which the mass gathering will be held;
(6) the dates and times that the mass gathering will be held;

(7) the maximum number of persons the promoter will allow to attend the mass gathering and the plan the promoter intends
to use to limit attendance to that number;

(8) the name and address of each performer who has nagreed to appear at the mass gathering and the name and address of
each performer's agent;

(9) a description of each agreement between the promoter and a performer;

(10) a description of each step the promoter has taken to ensure that minimum standards of sanitation and health will be maintained during the mass gathering;

(11) a description of all preparations being made to provide traffic control, to ensure that the mass gathering will be conducted in an orderly manner, and to protect the physical safety of the persons who attend the mass gathering;

(12) a description of the preparations made to provide adequate medical and nursing care; and
(13) a description of the preparations made to
supervise minors who may attend the mass gathering.

[a whole bunch of other stuff...]

751.011. CRIMINAL PENALTY. (a) A person commits an offense if the person violates Section 751.003.

(b) An offense under this section is a misdemeanor punishable by a fine of not more than $1,000, confinement in the county jail for not more than 90 days, or both.

quote:

---

(C) at which the persons will remain:
(i) for more than five continuous hours; or
(ii) for any amount of time during the
period beginning at 10 p.m. and ending at 4 a.m.

---

I'm not sure this condition is satisfied by Student Bonfire.

Keegan- Pt (ii)?

If burn is on time, the large numbers will leave so you can honestly say they don't meet the after ten criteria.

DualAG, I know what your are saying, but you misinterpret my meaning and intent of the original post. You are correct, there are a lot of things that need to be improved upon and this whole situation needs to be discussed so it can handled better in the future. To just put it behind us and move on would be a mistake.

All I am asking for, however, is for a rest on some of the the harsh criticisms and name-calling of the Sheriff and the Judges involved I have seen on other threads. They could lock this thing down tight if they really wanted to; so why rock the boat before it even sets sail?

I know your posts haven't contained any of this, so let's not get into that argument, please.


Scott Coker '92

Cokeman:

I agree with you.

Harsh name-calling has no place in the effort to restore the Bonfire tradition. Neither the sheriff, judges, President of the University, Bonfire Coalition, BCS, Magnolia bonfire organizers, nor anyone else deserves the kind of vitriol they have received on this forum in the past few years.

Furthermore, everyone should recognize that your organization must work with county officials next year. You'll need their cooperation then. They should not be needlessly antagonized.

However, calling public officials to task is a citizen's right, and some would argue it's his duty. As a taxpayer and permanent resident of Brazos County, I was disappointed in the action of the County Judge and his fellow commissioners. I have expressed that concern, both in person to Judge Sims and on the pages of this forum.

You can bet that those on the other side of the battle will make their displeasure known in the coming days. Critical letters to the editor and possibly op-ed pieces will appear in the Eagle next week, and they will again make the case for termination of the Bonfire tradition. Since their side lost, i.e., Bonfire will burn this evening, theirs will probably be harsher.

Politics is no fun but it beats living under a dictatorship.

I think before the next Bonfire, the organizers need to retain an attorney versed in the laws and regulations regarding such an event and make sure that all the i's are crossed and t's dotted. This might prevent this kind of fiasco. As they say "Ignorance of the law (by both the organizers and county officials) is no excuse."

A partial list includes.....

Texas Mass Gatherings Act

Burn Bans-the real story

State Fire Marshal permit rules on flame effects before a proximate audience. (Remember the Rhode Island fire?)

Air pollution and open burning laws-TCEQ

etc., etc.

Nobody said this would be easy, but if you want to prove that Bonfire can be built safely and in compliance-it's what you need to do. Otherwise it will never be recognized as a legitimate function, opening the way to the return to campus.

Heck-we should have enough old Ag legislators in our pocket to get a bill rammed through specifically permitting such a function.

The last two posts by AggieFan and DualAg are exactly the kinds of discussions needed and I agree with everything in them. Keep pointing out the issues that need addressing and they will have a task list for next year.


Scott Coker '92

AggieFan, we're aware of the Mass Gathering Act.

I personally agree we need a lawyer to help sort through it all, but that costs some dough.

Any Ol Ag lawyers out there willing to lend us a hand?

NSG,

http://texags.com/main/forum.reply.asp?forum_id=14&topic_id=529616