Will it burn?

1,024 Views | 18 Replies | Last: 17 yr ago by FightinTxAggie
FightinTxAggie
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I was on studentbonfire.com a little bit ago and it stated that there was currently a burn ban in that county but that Commissioners were going to go into a special meeting Friday to discuss whether or not bonfire will get to burn Saturday night. Does anyone have any further information on this?

b.t.h.o. Fran
SquareOne07
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AG
quote:
Student Bonfire intends to maintain its policy to operate within the law and adhere to local ordinances and regulations. To that end, a burn ban has been issued for Robertson County as of 11/13/07 (Tuesday). Student Bonfire will not violate this ban.


I wonder if they mean it this time or they're just "blowing smoke" again...

...incoming...

[This message has been edited by SquareOne07 (edited 11/14/2007 1:21p).]
FightinTxAggie
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was there some problems in the past with burn bans and bonfire?

b.t.h.o. Fran
SquareOne07
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AG
http://texags.com/main/forum.reply.asp?forum_id=14&topic_id=581050

http://texags.com/main/forum.reply.asp?forum_id=14&topic_id=528711

http://texags.com/main/forum.reply.asp?forum_id=14&topic_id=699152
FightinTxAggie
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That is completely nuts...I definitely believe in burning the stack, but also believe that we should be doing it in a lawful manner.

b.t.h.o. Fran
opie03
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A little history:

In early 2005, Student Bonfire had a few run-ins with the local law enforcement and county officials.

The first was with Judge Simms. The Honorable Judge Simms was upset about the previous year's Bonfire because he felt like he was omitted from any official dealings, mass gathering permits, etc.. In 2005, he set a deadline for filing a mass gathering permit and informed Student Bonfire the day after the deadline was reached; having never let SB know that this window existed.

For those not involved with event planning, a mass gathering permit is required for all events 5 hours or more, consisting of 5,000 or more persons. It allows local law enforcement and other emergency services to muster enough personnel for the event, while letting the general population know that there is going to be a big event in their county.

Luckily for SB, Burn night festivites are never longer than a few hours and there are only over 5,000 persons for a small peroid of time. In short, the mass gathering permit does not apply.

The second issue was with the burn ban. A few weeks before Burn night was scheduled, the Brazos County Commissioners Court declaired that there was a burn ban in the county. The index that they use to inticate dryness was well past the "fire risk" mark, and they just did their jobs. Had SB decided to burn anyway at this point, they would just be guilty of violating a burn ban; a misdermeanor similar to a speeding ticket.

Instead, the local law enforcement that was "tipped off" by a newspaper article on Friday morning (36 hours before burn), filed an injunction against SB because SB intended to burn during a burn ban. An injunction is a legal "cease and desist" order that says "we know you are about to do something. Don't do it." Violating a legal injunction is a 1st degree misdermeanor and can result in jail time and serious fines.

SB got a lawyer involved, went to court, gave a deposition, and the judge decided that he would call for a meeting of the Commissioners. They could do three things:
1. If the Commissioners lifted the burn ban, the injunction would be lifted and SB could burn Bonfire without legal recourse.
2. If the commissioners voted to not lift the burn ban, the injunction would stay in place and lighting Bonfire would have resulted in arrest of those lighting the fire and all the rest of the stuff that goes with violating an injunction.
3. If the Commissioners did not meet, the injunction would be lifted but the burn ban would still be in place.

Situation number 3 happened and Chance volunteered to take the ticket for violating the burn ban. The Judge did not condone the wonton violation of the law and said that it would be up to the officers present to decide who and how many citations to write. Bonfire was lit the next day and the officers present decided to give all 7 of the Reds who lit Bonfire tickets.

1 week later, former students rallyed together and paid for all the fines.

-------------------------------------------------------
If you can read this, thank a teacher.
If you can read this in English, thank a Soldier.
opie03
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...but the fun wasn't over yet.

Because of the material chosen for construction of Bonfire 2005, it didn't burn completely. After 35 minutes of diesel-fueled flames at Burn night, the pine logs resisted combustion and stayed erect. A few attempts were made to re-light the fire, but it was to no avail and deemed a safety hazard.

The charred structure stayed up until the night of December 31st, when an arsonist set fire to the still-standing stack and the fire department was called in with some heavy machinery and extinguished the fire, while pushing stack down.

The arsonist was never found and the fire department charged Student Bonfire for the chemicals and machinery. The remaining mess of black logs and wire were dragged off and disposed of.

That entire year served as a learning opportunity for SB, discovering things about civil law, criminal law, materials, structure, organization, etc.
TexasRebel
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AG
Just a small note:

There was not very much of an investigation into who set the New Years Eve fire. While it may rest on Student Bonfire's shoulders to find the guilty party, it was just something that wouldn't fit the budget.

Any information about who lit that fire that night (12-31-2005) is still welcome.

[This message has been edited by TexasRebel (edited 11/14/2007 4:51p).]
COKEMAN
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Minor points of correction to Opie's explanation:

In 2005, there was not a quorum of Commissioners present so the special session could not take place and therefore the ban AND the injunction stayed in place. SB immediately went to the District Judge who reviewed the the case and lifted the injunction citing that the misdemeanor was adequate protection under the law and those lighting the fire would face those consequences.

The Judge's "window" for Mass Gathering was employed in 2006 but was not an issue due to a relocation to Robertson County.

The 2005 issue was that everyone involved (including Judge Sims if memory serves) assumed Bonfire was exempt under a ceremonial clause. Turned out that is a State Law and the County has no such exemption. The last minute filing of that injunction was in response to someone bringing the lack of exemption to the court's attention.

Regardless, that is all in the past and lessons were learned there. We are awaiting the decision on Friday and will abide by it.

Scott Coker '92
TexasRebel
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oh yeah...

pray/hope for rain. even a half day will help considerations. If the county can't help, what are the chances of a successful postponed burn? ...say on wednesday after it rains?
COKEMAN
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Terry,

What laws have been violated since the 2005 incident?

Scott Coker '92
opie03
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Scott, I stand corrected. 6 years of this stuff and they start to run together.

-------------------------------------------------------
If you can read this, thank a teacher.
If you can read this in English, thank a Soldier.
AgStone
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quote:
is a 1st degree misdermeanor

There is no such thing as a 1st degree misdermeanor and I don't mean the mispelling of misdemeanor.
SquareOne07
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Scott, I didn't say anything had been violated since then. My posts were offered without comment and I was just finding the discussions that were going on at the time for the new guy. That's all.
TexasRebel
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quote:
I wonder if they mean it this time or they're just "blowing smoke" again...



not a single comment quoted here...
SquareOne07
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all apologies, I was reffering to the post where I sent the links.
opie03
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Upon further investigation, I stand corrected about the misdemeanor. Violating an injunction is the same as being in contempt of court and it would be up to the judge to assign a punishment. Punishment may consist of a fine, jail time, or both.
FightinTxAggie
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Any update as of yet? What time are the county commissioner's set to meet? Want to say a prayer for them when they meet to make the "right" decision and let us go forth with bonfire.

b.t.h.o. Fran
TexasRebel
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TxAgRef,

Pray for them to make the right choice according to the drought index, and the ability of fire personell on hand...and pray that those conditions and support are enough to let things happen safely.

The last thing anybody wants is Robertson County on fire.
FightinTxAggie
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Yeah I definitely want to see safety come first in any situation. As a former fireman, I have seen firsthand what can happen when a fire get's out of hand. But at the same time, I know those who have worked so extremely hard on cut and stack want to see this go through. Will be praying for the right thing to happen.

b.t.h.o. Fran
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