c&k-porcupine: update20

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June 15, 2007

Hello folks.  Consider this a *bonus* update from us before we leave on our
summer travels.  We have two things to report...

1.  At the June 5 hearing of the Meade County Commissioners, they approved
48 of 49 alcohol permits, including one for a campground called "Free
Spirit" which is right on the base of Bear Butte, adjacent to the Rosebud
Sioux tribal property where the spiritual camp was held last year.

"But wait," you say.. "48 of 49 leaves one unapproved," and you would be
right, and we give you a star in subtraction!  The decision on that permit
was tabled until two days later when that same permit, belonging to none
other than Jay Allen himself, was denied!  Although four out of five
commissioners once again turned a deaf ear to testimony about the spiritual
significance of Bear Butte, they did listen carefully to testimony from the
local contractors who built Jay Allen's Sturgis County Line bar last summer
and are angry about unpaid bills he still owes them.

Those who were at the camp last year observed that business at the Sturgis
County Line seemed slow during the rally.  Perhaps all the bad publicity for
Jay Allen has already hit him in his pocket book?  More and more local biker
clubs across the country are publicly encouraging their members to avoid
patronizing bars too close to Bear Butte when they attend the Sturgis rally.

This summer there won't be an extended camp at Bear Butte, but there will be
a one-day spiritual forum on August 5 (the rally begins August 6th).

We are copying two articles below if you'd like to know more...

2.  We saw our first tornado last week while Carl's family was here!  Carl
saw more of it than I, since I was quick to hustle our two-month-old son
into the storm cellar.  But I did get to watch it form.  What a strange and
awesome sight!  Photos of the tornado are posted at meyerloewen.net as
usual, courtesy of Carl's dad.

3.  Okay, I'm adding a third thing for those of you who are eager to read
more articles.  The top story on the ACLU website today is about a class
action lawsuit filed on behalf of Native students and families against the
the Winner School District in South Dakota, about 2 hours east of us, near
the Rosebud Reservation. Interesting outcome...


Sincerely,

Carl & Karissa


June 6, 2007

PROFITS, NOT PRAYERS, FOR BEAR BUTTE
By Anne White Hat
Bear Butte International Alliance

Sturgis, SD
Yesterday, in an interesting turn of events, the Meade County Board of
Commissioners unanimously approved 48 of the 49 alcohol permits on their
docket and held the decision on Jay Allen's Sturgis County Line application
until Thursday, June 7th.  The county courtroom was filled to capacity with
campground and bar owners seeking alcohol permits along with community
members, tribal officials, city council women, political action committees,
environmental and sacred sites protection groups and non-governmental
organizations.

Permits surrounding the Bear Butte area, some 6 miles or so, were
challenged based on two criteria:  location and character.   Many people
spoke to the location criteria of alcohol permitting, that permits near and
on Bear Butte are unacceptable, disrespectful and desecrating to this very
sacred mountain.  Some sixty written comments were received prior to the
hearing, a handful of those from Meade County residents, the majority of
those opposing alcohol permitting near or on Bear Butte.

Nancy Hilding, President of the Prairie Hills Audubon Society, questioned
testimony given by County Commissioner Dean Wink at the South Dakota State
Legislature in February 2007.  At the Local Government Committee hearing on
the Bear Butte Bill, Commissioner Dean Wink testified that when considering
the location criteria in alcohol permitting the commissioners only take
into account the traffic of the location.  Hilding asked for clarification
from the Commissioners on this issue and no response was given.

Several local business owners and contractors testified about the business
character of Jay Allen, who apparently owes them thousands of dollars in
unpaid bills and services for the first phase of construction on the
Sturgis County Line - which was open for business last year.  Their
testimony, outstanding bills and liens are what ultimately held Allen?s
permit over until June 7th - not that his business is a desecration to the
sanctity of this sacred site.

Opposition was given to several permits within 2.5 miles of Bear Butte,
particularly Free Spirits campground, which is located on some 40 acres on
the northern slopes of Bear Butte.  Debra White Plume, member of the Oglala
Lakota Nation and Director of the non-governmental organization Owe Aku,
called on the Commissioners to "take a visionary approach" to alcohol
permitting by denying permits within "a reasonable distance from Bear
Butte" and particularly the campground on the north slope.  She documented
this campground to be some 500 of her footsteps to the front door of the
Inipi, the sweatlodge, at the Rosebud Sioux Tribe's Bear Butte Lodge.

Community members and South Dakota residents from across the State also
made similar objections, asking if the Commissioners would allow biker bars
and mega campgrounds and amphitheaters next to daycare centers, their own
churches, and on Mt. Rushmore.

Several members of Democracy in Action, a local political action group and
activist powerhouse, gave their staunch support for protection of Bear
Butte.  In a statement read by member Jill Jennewien, DIA called for
protection for Bear Butte from commercial encroachment.

Local resident, Jack Hoel, whose parents started the Sturgis Motorcycle
Rally and who was the rally mascot as a young boy, urged the Commissioners
to ignore the opinions of "Indians who don't pay taxes here and don't pay
anything to pray on that mountain".  Hoel also questioned why Commissioners
would deny Allen's permit when he could be open for business so he could
pay his debts.

The Commissioners also reported on the results of the survey recently
conducted by their Special Zoning Committee.  According the Commissioner
Chairman Mallow the committee issued some 40 plus surveys to landowners
surrounding Bear Butte asking if they supported a 5-mile alcohol free
buffer zone and other related zoning questions.  According to the
Commissioners, of those who responded, the majority did not support a
5-mile buffer zone.

When asked how a 5-mile buffer zone was determined for the survey, Chairman
Mallow responded that it was from the outcry for a buffer, but did not give
specifics as to whom they spoke with and how they determined a 5-mile
buffer.  Several landowners, including Native American landowners and
Tribal representatives whose tribes own land around Bear Butte were
surprised to hear of a survey and asked Commissioners why they didn't
receive one.  However, the Commissioners began leaving the room and did not
answer.

It seems the Commissioners have deemed the loss of profits from a
desecrating business venture to be more worthy of protection than the loss
of the human right to pray at Bear Butte.  Commissioners were reminded that
Natural Law precedes any form of man-made law and that the issue of Bear
Butte protection goes far beyond the walls of the Meade County Courthouse.


MEADE COUNTY PULLS PLUG ON BEAR BUTTE BAR'S BEER LICENSE

By Dan Daly, Journal staff

STURGIS -- The Meade County Commission voted unanimously Thursday not to
renew the beer license for Jay Allen's Sturgis County Line rally venue near
Bear Butte. Commissioners cited unpaid and late payment to construction
contractors as their reason for denying the license renewal.

By law, the commissioners can deny licenses based on the location of the
establishment or the character of the applicant. Commissioners said the
fact that Allen left the bills unpaid for 10 months speaks to his
character.

Allen cannot reapply for another year. However, the commission vote does
not put Sturgis County Line out of business. The venue still holds a full
on-sale liquor license, which does not come up for renewal until December.

Commissioner Dean Wink said Allen needs to get the bills and disputes
settled before the December hearing or he will risk losing the liquor
license as well.

Allen, an Arizona-based motorcycle rally entrepreneur, operates the Broken
Spoke Saloon in downtown Sturgis and the new Sturgis County Line. Both
operate during the August motorcycle rally. He also has Broken Spoke
Saloons at Daytona, Fla., and Laconia, N.H.

Allen participated in Thursday's hearing by telephone from Ohio, where he
is working another motorcycle event.

"You've put the hurt on the Broken Spoke after everything we've done for
that town," Allen said after the vote. He said the saloon has raised
$19,000 for the children and the elderly and that the Broken Spoke has been
a reputable business in Sturgis for 20 years.

Sturgis County Line, his new venue, was built shortly before last year's
Sturgis motorcycle rally, and half a dozen contractors say they've been
fighting to get paid ever since.

Some say they have received checks only recently - shortly before the
beer-license hearing -- and that Allen still owes them for legal costs.
Others say Allen still owns them money for the work they did.

Allen conceded that the project has been a financial headache. He's putting
his Laconia and Daytona bars up for sale, taken on partners at the Sturgis
Broken Spoke and paid everything he could to settle debts.

He said he has reduced the debt from $1.4 million down to $132,000. Once
the Laconia sale closes, Allen said, he will be able to pay all justifiable
debts.

He complained that some contractors such as King's Construction overcharged
or didn't complete their work.

King Construction's attorney, Bruce Hubbard, showed the commissioners two
letters the company received from Allen. Both vowed to pay; neither
mentioned disputes about the work.

A number of other contractors were also on hand at the meeting. At one
point, the meeting turned into a series of one-on-one speakerphone
arguments between Allen and the various contractors.

Another controversy that has dogged Allen from the start is Sturgis County
Line's proximity to Bear Butte, a place that is sacred to the Lakota, the
Northern Cheyenne and other indigenous groups.

American Indians and their supporters, including some eastern Meade County
ranchers, have decried what they say is the intrusion of alcohol, loud
music and motorcycle noise near the butte, Mato Paha.

They have repeatedly pleaded, protested and petitioned the commission to
deny the beer and liquor licenses for location reasons. But each time, the
commission approved the license.

"The commission has taken a lot of heat over approving that," Wink scolded,
"and it's ironic that you would stiff local contractors."

Allen emphatically denied that he has stiffed the contractors. "I have been
100 percent upfront about this whole thing, ... and I have the assets to
take care of this," he said.

Meanwhile, the Sturgis City Council, which issues licenses inside the city
limits, has scheduled a public hearing on Allen's Broken Spoke Saloon beer
license. The hearing will be June 18 at 7:30 p.m. in the Sturgis Community
Center. The contractors have taken their case to the city council as well.

If Sturgis County Line has a liquor license but not an off-sale beer
license, it can sell beer by the drink to its patrons, Lisa Schieffer,
Meade County Auditor, said. And they can take their beer to their campsites
on the Sturgis County Line property.

However, she said, the bar can't sell beer in six-packs or 12-packs to the
campers. Also, Sunday morning alcohol sales are handled differently with a
liquor license than with a beer license.

Contact Dan Daly at 394-8421 or at dan.daly@rapidcityjournal.com

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