The following is running on KBTX, Channel 3 in Bryan-College Station. Here is a link to their web cite and a few paragraphs:

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Controversy Again for Bonfire

Updated: 9:23 PM Sep 11, 2006
Toni Harrison

The Aggie Student Bonfire is upon us again and again there's controversy.

"They're too late, they can't put it all together," said Judge Randy Sims, Brazos County.

Sims, an Aggie himself, says he understands why students want to continue the tradition. The deadline for submitting paperwork to the county however, has passed and he has no intention of extending it.

[ . . . ]

In previous years, the county has been flexible with the deadline. Sims says they can't continue to be lenient.

"In particular this day in time, as dry as it is, we're still under a burn ban so consequently I'm concerned about our citizens," said Sims.

[ . . . ]

"According to state law, for the mass gathering permit you have 45 days prior to the event to apply for the permit. Our event is scheduled for November 21," said Chance Robinson, event organizer.

Because partnerships for this type of event have to be made with the fire department and sheriff's office, the county gave the students a deadline of mid-august to have contracts signed.

"If they come in here now, here it is the middle of September, I'm sorry I could not approve that bonfire at all," said Sims.

Even knowing that information, students still plan on submitting the paperwork for approval.

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http://www.kbtx.com/home/headlines/3892467.html



[This message has been edited by DualAG (edited 9/12/2006 8:07a).]

So what happens now?

As I see it, absolutely nothing unless some voting citizens get involved.

I suspect that since last year's fiasco that the county has been looking for a way to shut this down.

The public allegation that the students missed an important deadline only helps foster the impression that the young organizers are once again "building without a blueprint" and that public safety would be served by putting an end to Bonfire.

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I'm concerned about our citizens

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What a cheap shot at trying to turn locals against Student Bonfire. He is completely aware that fire departments are onsite during burn.

But remember, bad media can turn into really good media. If everything is handled well, all permits obtained, the media will cover this even more because of yesterdays story.

Chance is correct about the 45 day State requirement. Anyone know how to download that video? If so, can you email it to me?

Also, there are a lot of counties within 30 minutes of campus.

[This message has been edited by WillD (edited 9/12/2006 9:23a).]

I posted this on the football board but I will post it here to.

This is how I see it. The problem is that it sounds like Sims came up with his own deadline and even if they apply he still has to approve it. He isn't saying they can't apply, he's just saying that after his self imposed deadline he won't approve it. You can debate the validity of his deadline, but it sounds to me like he has the legal right to deny the application.

I could be completely wrong, but if this thing is indeed an application, he can deny it if he likes.

Why didn't the contracts with the fire department and sherifs department get turned in on time?

Good question CT. I'm trying to get some more information.


Remember '99.
OC Hogs Build Bonfire!

DualAG, how about starting this thread in the CS board too?

I posted this on the football board.

What is the status of those "contracts?" It takes two parties to come to an agreement. I generally despise conspiracy theories, but what if the county were determined to shut down Bonfire, but wanted to make it look like the students were at fault?

What if the fire department and sheriff's department dragged its feet on those contracts? Then Judge Sims could claim that the organizers were negligent in meeting their obligations.

Yes, I'll post a link to these discussions on the CS board, and also on the all-Aggies forum.

[This message has been edited by DualAG (edited 9/12/2006 11:22a).]

Rick Perry might see it beneficial to help since he needs it this fall. Letters to him concerning this may not help, but it can't hurt.

http://www.governor.state.tx.us/contact

[This message has been edited by Armadillo Jackal (edited 9/12/2006 11:33a).]

Knowing the tenacity and resourcefulness of my fellow Ags I am sure this will get fixed. Let us know if there is anything we can do.

I'll see y'all at first cut dark and early on October 7th.

Help me out here because I know jack about law...

If Simms were to decline the permit based on SB not jumping through his self imposed hoops wouldn't he be opening the county up to a nasty discrimination lawsuit? How's that in the interest of the community?

Seems sorta like literacy tests to determine voter eligibility.

[This message has been edited by RealDeal022 (edited 9/12/2006 5:54p).]

This is going to get realy nasty. I dont see were a county judge can stop someone from registering with the state if there not in violation of state law....

____________________________________________________________
Proudest member of the Fightin Texas Aggie class of 08 Beat the h*** outa tu A-A-A Whoop!!!. May bonfire forever burn in our hearts.....and may the Twelfth Man ever burn it in memory and in hope for the future.

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I dont see were a county judge can stop someone from registering with the state if there not in violation of state law....

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Because they register with the county.

but theyre quoting off state law. Sounds like the judge is being an activist, not an interpreter....or maybe im misunderstanding.

____________________________________________________________
Proudest member of the Fightin Texas Aggie class of 08 Beat the h*** outa tu A-A-A Whoop!!!. May bonfire forever burn in our hearts.....and may the Twelfth Man ever burn it in memory and in hope for the future.

Recall that last year SB operated under the assumption, reinforced by Judge Sims, that there was a "ceremonial exemption" to the burn bans. That exemption was found in the state guidelines.

However, when pressured by locals to put a halt to the Bonfire, Judge Sims dug further into the law and found that local municipalities could impose more stringent burn bans than specified by the state. That was the basis of the injunction the country filed last year.

So how can the county impose a more stringent deadline than the state prescribes? Apparently, the judge thinks it can.

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but theyre quoting off state law. Sounds like the judge is being an activist, not an interpreter....or maybe im misunderstanding.

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You are misunderstanding.

Let me spell it out for you:

Judge Sims says they missed the county deadline.

Student Bonfire organizer Robinson says state law allows them 45 days.

County deadline and state deadline have nothing to do with each other.

If you miss the county deadline, it's over.

Period.

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So how can the county impose a more stringent deadline than the state prescribes? Apparently, the judge thinks it can.

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What do you mean "how"??

Counties, munis, cities, etc can impose more stringent deadlines if they wish. Happens all the time.

For example: cities that don't prohibit the sale of alcohol within it's limits.

Once again I ask why were the contracts not signed and submitted on time?

When was the deadline? Nobody knows. Sims says it was "mid-August."

A deadline is a deadline. A date. Sounds like there was no deadline.

Nobody will know until more is settled in the near future and the public is informed.

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Counties, munis, cities, etc can impose more stringent deadlines if they wish.

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yes, but these deadlines must be documented somewhere...now...where are the county's earlier deadlines documented? Can the county produce these in writing?

[This message has been edited by TexasRebel (edited 9/13/2006 11:20a).]

I guess the real question is, what now?

____________________________________________________________
Proudest member of the Fightin Texas Aggie class of 08 Beat the h*** outa tu A-A-A Whoop!!!. May bonfire forever burn in our hearts.....and may the Twelfth Man ever burn it in memory and in hope for the future.

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What do you mean "how"??

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Read my question again in context. I am affirming that the county can, indeed, do this.

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Once again I ask why were the contracts not signed and submitted on time?

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Our deadline is October 8th. It was never known that we had to appease the judge with his personal deadline.

...off the record...

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I guess the real question is, what now?

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Okay, I'm going to suggest something that sounds like heresy to dedicated Student Bonfire supporters.

But before you consider it, sit down with your legal counsel and consider all options. Should you decide that your opportunity for overturning the county judge is slim, and you can't relocate stack somewhere ouside of the county, I suggest an alliance with (what you may consider) to be the devil.

Is High Meadows Ranch still having a bonfire/golf tournament this year? If so, and even though it is not built with student labor, throw your support there. Announce that Aggie Bonfire will this year will burn in Magnolia.

Approach management early. Is David Goff, the former Aggie basketball star, still in charge?

Ask them to consider an event that would involve students, as the golf tournment is usually filled up by former students. Emphasise you'll not ask to work on the bonfire, but instead want a way provide a Bonfire experience for students.

Then find a way to arragne transportation for those who want to attend.

Then, really sit down again with country officials and say: "We want to obey the law and build and continue the traditionin a way that doesn't raise objections from the neighbors. Can we work together on this for 2007?"

DualAG, you've got it backwards...the fire isn't in the burn...it's in the build.

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DualAG, you've got it backwards...the fire isn't in the burn...it's in the build.

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From the builders' perspective, then yes, Burn is just about making room for next years' stack. But from the business perspective, Burn is about attracting spectators and their pocketbooks.

I think he gets it just fine. However, the fact is that most of the people that attend Bonfire didn't work on it. You need those people as much as they need you to build it. Going a year without it is a lot more damaging at this point in time than not building it for one year.

Look, I know how hard you guys worked on that project. I certainly understand why you believe in the old adage, "We only burn it to get it out of the way for next year."

For must of us, including the 80,000 who used to attend in the years just preceding the 1999 tragedy, it was the burning.

Bonfire, the burning, united Aggies -- from the six-year old future student who was mesmerized by a fire the size of which he had not ever seen in his short life, to the 80-year old former student who came to reminise.

I met Aggies at restaurants and gas stations who were returning from Bonfire who didn't even have tickets to the t.u. game.

Please don't underestimate the value of the burning to those of us who were either too young, too old, or not at the right place during our undergraduate years.

For several thousands of Aggies each year, the ones who did the work and earned the sweat equity, it was indeed about the building. For tens of thousands more, it was about the burning.

Please try to understand what Bonfire night did for the rest of us.

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It was never known that we had to appease the judge with his personal deadline.

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Did anyone TALK to him?

It looks as though it was never a procedure to talk to him 3 months in advance. Not a procedure for SB and not a procedure ever stated by him.
Again, its all speculation. We cannot blame either party yet until more information is provided.

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It looks as though it was never a procedure to talk to him 3 months in advance

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Considering the problems last year, it should have been. Looking up deadlines yourself is fine, BUT any event this large requires consulting with the officials you're going to be working with.