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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
