What do you do with 30-70,000 bikers when their rally is shut down?

landusepbb · 08-30-2006, 12:44 PM

Gonna be a shitstorm in SW Colorado. Rally in the Rockies is officially shut down. Glad I'm going to Tucson.

Judge halts motorcycle rally
Activities can’t be held; appeal filed

August 29, 2006
By Dale Rodebaugh | Herald Staff Writer

A Montezuma County district court judge Monday ordered the organizers of the Labor Day weekend motorcycle rally scheduled at Echo Basin Ranch northeast of Mancos to halt activities.

David Stahlman, left, and Grant Stahlman with Serrano’s Inc. in Bloomfield, place portable toilets at Echo Basin Ranch on Monday. "We have 120 of these up here," David Stahlman said.
What’s next

The Mancos Town Board has scheduled a special meeting today starting at 6 p.m. at the Town Hall. The topic, according to Town Administrator Tom Glover, is the Rally in the Rockies, which was ordered shut down Monday by District Court Judge Sharon L. Hansen.

In a preliminary injunction, Judge Sharon L. Hansen said that up to 600 campers may use the ranch, but that other Rally in the Rockies activities planned for an estimated 8,000 visitors may not occur.

The rally responded by filing an appeal in Colorado State Appeal Court for a stay of the injunction. An answer is expected by Wednesday, according to a news release issued by the rally.

"The rally regrets the decision from the district court for an injunction stopping the rally," organizers said in the news release. "We believe that it is a shame that Montezuma County has done everything it can to quash the rally, especially since it is one of the most economically depressed counties in Colorado, and the rally would have brought a significant economic benefit."

Montezuma County officials weren't sure what would happen in the wake of the order.

Montezuma County Sheriff Gerald Wallace said rally activities include vendors, lingerie contests, bull riding, pineapple pit wrestling and others. If officers observe any of these activities, Wallace said, he will notify the county attorney, who could go to court for a show-cause hearing.

"The Sheriff's Office will not shut down any events," Wallace said. "We don't have that ability under the injunction."

Montezuma County Attorney Bob Slough said, "Commissioners need to hear about it, and go from there. I can't make any other comment.

Rally in the Rockies and its attorney, Bill Zimsky of Durango, didn't have an immediate response.

Hansen's order came three days before thousands of motorcyclists begin wheeling into the area for the traditional holiday gathering. The rally, held on Southern Ute Indian Tribe land in Ignacio for the past two years, was moved to Montezuma County this year after Dan Bradshaw, the majority owner of Rally in the Rockies, had a falling out with the tribe over what was expected of each of them.

The Utes have filed two unresolved lawsuits against Rally in the Rockies, Bradshaw and Echo Basin.

Also unresolved is a lawsuit filed in federal court by Bradshaw and Echo Basin Ranch owner Dan Bjorkman. The lawsuit alleges that Montezuma County commissioners violated their constitutional rights in denying the rally and Echo Basin a "high-impact permit" on July 10 to hold the rally at the ranch.

Kate Burke - an attorney with the Durango law firm of Maynes, Bradford, Shipps and Sheftel, which represents the Utes - said Monday that tribal lawsuits are moving ahead, but no trial dates have been set.

In Southern Ute Tribal Court, the Utes are suing Rally in Rockies for breach of contract. In state court, they are suing Bradshaw for defamation and Bradshaw and Echo Basin for wrongful interference in a contract.

Despite their failure to obtain a permit, Bradshaw and Bjorkman moved ahead with plans for the rally, maintaining they didn't need the permit because Bjorkman and the previous owner of Echo Basin Ranch had held public events there before county commissioners approved a land-use code in 1998.

In her order, Hansen recognizes that the county's 1998 land-use code made exceptions for high-impact activities existing at the time.

But the grandfather clause doesn't cover "adverse impacts that increase materially after the adoption of these regulations," she said.

Any previous event at Echo Basin was a single-day event, Hansen said. A single-day event, even with a large attendance, doesn't compare with a four- to five-day rally with 8,000 visitors, she said.

"The grandfathering of the pre-existing uses is exceeded by the scope of the activities of the rally," Hansen said.

"The court finds that the proposed multi-day rally involving projected thousands of attendees is sufficiently unlike the previous one-day concerts in its duration and impact as to require a high-impact permit," she said.

Hansen also found that the rally organizers haven't adequately addressed law enforcement and traffic safety on the dead-end road that leads to Echo Basin Ranch.

Montezuma County Sheriff Wallace, in spite of canceling leave for his deputies and developing a plan for contingencies, doesn't support the rally and questions the adequacy of available law enforcement, Hansen said.

Organizers, however, have addressed satisfactorily health and fire safety issues, she said.

http://www.durangoherald.com/asp-bin...ws060829_1.htm

More info in today's Herald:
http://www.durangoherald.com/asp-bin...ws060830_1.htm
http://www.durangoherald.com/asp-bin...ws060830_2.htm

Bobzooki · 08-30-2006, 12:47 PM

Too many words. Bikers'll never read 'em. And they'll come anyway.

sceep · 08-30-2006, 12:47 PM

"i'm not here for no rally.. i was just riding thru"

landusepbb · 08-30-2006, 12:48 PM

Quote:

Originally Posted by Bobzooki

And they'll come anyway.

And therein lies the problem.

brector · 08-30-2006, 12:51 PM

Quote:

Originally Posted by landuseorc

And therein lies the problem.

So it's illegal to ride a motorcycle?

rockota · 08-30-2006, 12:59 PM

doesn't the constitution say something about the right to gather? And am I reading this correct that it's on private property? Or is the ranch now county owned?

Billy_Manfroy · 08-30-2006, 01:02 PM

Quote:

Originally Posted by brector

So it's illegal to ride a motorcycle?

Only if you stop and use the porta-john, attempt to sell something, dress in lingerie, ride a bull, or wrastle in a pineapple pit. Seems fair to me.

CaryW · 08-30-2006, 01:02 PM

The Rainbow hippies didnt get the permit and after alot of huffing and puffing and a few hundred tickets, they all got along with the Gathering. I dont know if the bikers will want to have an Ohmmm circle for the law enforcement officers though.

The Supreme court says a permit denial is not the same as denying freedom of speech and assembly.

The bikers need to check with the hippies.

landusepbb · 08-30-2006, 01:03 PM

Quote:

Originally Posted by brector

So it's illegal to ride a motorcycle?

There's going to be a lot of people with no place to stay, and very little to do.

mywillys · 08-30-2006, 01:34 PM

They will probably drive over to that bar in Bondad!!

or come down to Aztec and get lost in the 10,000 detours!!

phattdraggon · 08-30-2006, 02:45 PM

All i can say is that I am stoked to be in Farmington this year. i have been in downtown Durango for the last 9 rallies and it sucks trying to do anything if you actually live there. best weekend of the year to go camping.

no sounds of Harley for 96 hours straight, no drunk ass stupid motherfawkers throwing up next to my window, no vomit to step in when trying to go get coffee the next morning.

the only thing i will miss is the parade and the skimpy outfits worn by the ladies. even that can be nasty as most of the ladies wearing skimpy outfits are baby boomers and we are not talking the MLFy kind either.

08-30-2006, 12:44 PM	#1
landusepbb Registered User Join Date: Jan 2002 Member # 9328 Location: At the Mountains of Madness Posts: 2,684	What do you do with 30-70,000 bikers when their rally is shut down? Gonna be a shitstorm in SW Colorado. Rally in the Rockies is officially shut down. Glad I'm going to Tucson. Judge halts motorcycle rally Activities can’t be held; appeal filed August 29, 2006 By Dale Rodebaugh \| Herald Staff Writer A Montezuma County district court judge Monday ordered the organizers of the Labor Day weekend motorcycle rally scheduled at Echo Basin Ranch northeast of Mancos to halt activities. David Stahlman, left, and Grant Stahlman with Serrano’s Inc. in Bloomfield, place portable toilets at Echo Basin Ranch on Monday. "We have 120 of these up here," David Stahlman said. What’s next The Mancos Town Board has scheduled a special meeting today starting at 6 p.m. at the Town Hall. The topic, according to Town Administrator Tom Glover, is the Rally in the Rockies, which was ordered shut down Monday by District Court Judge Sharon L. Hansen. In a preliminary injunction, Judge Sharon L. Hansen said that up to 600 campers may use the ranch, but that other Rally in the Rockies activities planned for an estimated 8,000 visitors may not occur. The rally responded by filing an appeal in Colorado State Appeal Court for a stay of the injunction. An answer is expected by Wednesday, according to a news release issued by the rally. "The rally regrets the decision from the district court for an injunction stopping the rally," organizers said in the news release. "We believe that it is a shame that Montezuma County has done everything it can to quash the rally, especially since it is one of the most economically depressed counties in Colorado, and the rally would have brought a significant economic benefit." Montezuma County officials weren't sure what would happen in the wake of the order. Montezuma County Sheriff Gerald Wallace said rally activities include vendors, lingerie contests, bull riding, pineapple pit wrestling and others. If officers observe any of these activities, Wallace said, he will notify the county attorney, who could go to court for a show-cause hearing. "The Sheriff's Office will not shut down any events," Wallace said. "We don't have that ability under the injunction." Montezuma County Attorney Bob Slough said, "Commissioners need to hear about it, and go from there. I can't make any other comment. Rally in the Rockies and its attorney, Bill Zimsky of Durango, didn't have an immediate response. Hansen's order came three days before thousands of motorcyclists begin wheeling into the area for the traditional holiday gathering. The rally, held on Southern Ute Indian Tribe land in Ignacio for the past two years, was moved to Montezuma County this year after Dan Bradshaw, the majority owner of Rally in the Rockies, had a falling out with the tribe over what was expected of each of them. The Utes have filed two unresolved lawsuits against Rally in the Rockies, Bradshaw and Echo Basin. Also unresolved is a lawsuit filed in federal court by Bradshaw and Echo Basin Ranch owner Dan Bjorkman. The lawsuit alleges that Montezuma County commissioners violated their constitutional rights in denying the rally and Echo Basin a "high-impact permit" on July 10 to hold the rally at the ranch. Kate Burke - an attorney with the Durango law firm of Maynes, Bradford, Shipps and Sheftel, which represents the Utes - said Monday that tribal lawsuits are moving ahead, but no trial dates have been set. In Southern Ute Tribal Court, the Utes are suing Rally in Rockies for breach of contract. In state court, they are suing Bradshaw for defamation and Bradshaw and Echo Basin for wrongful interference in a contract. Despite their failure to obtain a permit, Bradshaw and Bjorkman moved ahead with plans for the rally, maintaining they didn't need the permit because Bjorkman and the previous owner of Echo Basin Ranch had held public events there before county commissioners approved a land-use code in 1998. In her order, Hansen recognizes that the county's 1998 land-use code made exceptions for high-impact activities existing at the time. But the grandfather clause doesn't cover "adverse impacts that increase materially after the adoption of these regulations," she said. Any previous event at Echo Basin was a single-day event, Hansen said. A single-day event, even with a large attendance, doesn't compare with a four- to five-day rally with 8,000 visitors, she said. "The grandfathering of the pre-existing uses is exceeded by the scope of the activities of the rally," Hansen said. "The court finds that the proposed multi-day rally involving projected thousands of attendees is sufficiently unlike the previous one-day concerts in its duration and impact as to require a high-impact permit," she said. Hansen also found that the rally organizers haven't adequately addressed law enforcement and traffic safety on the dead-end road that leads to Echo Basin Ranch. Montezuma County Sheriff Wallace, in spite of canceling leave for his deputies and developing a plan for contingencies, doesn't support the rally and questions the adequacy of available law enforcement, Hansen said. Organizers, however, have addressed satisfactorily health and fire safety issues, she said. http://www.durangoherald.com/asp-bin...ws060829_1.htm More info in today's Herald: http://www.durangoherald.com/asp-bin...ws060830_1.htm http://www.durangoherald.com/asp-bin...ws060830_2.htm

08-30-2006, 12:47 PM	#2
Bobzooki Registered User Join Date: Jan 2002 Member # 9419 Location: High in the Rockies Posts: 4,859	Too many words. Bikers'll never read 'em. And they'll come anyway. __________________ Bob Thus spake the village idiot.

08-30-2006, 12:59 PM	#6
rockota Registered User Join Date: Jun 2001 Member # 5371 Location: mn Posts: 2,924	doesn't the constitution say something about the right to gather? And am I reading this correct that it's on private property? Or is the ranch now county owned? __________________ Brian K. Gallus

08-30-2006, 01:02 PM	#8
CaryW WALKING AMOK Join Date: Aug 2003 Member # 22104 Location: Northeast Texas Posts: 617	The Rainbow hippies didnt get the permit and after alot of huffing and puffing and a few hundred tickets, they all got along with the Gathering. I dont know if the bikers will want to have an Ohmmm circle for the law enforcement officers though. The Supreme court says a permit denial is not the same as denying freedom of speech and assembly. The bikers need to check with the hippies. __________________ I find American beer a bit like having sex in a canoe. It's fucking close to water.” ~ Oscar Wilde

08-30-2006, 01:34 PM	#10
mywillys Registered User Join Date: Jun 2003 Member # 20105 Location: Aztec NM Posts: 364	They will probably drive over to that bar in Bondad!! or come down to Aztec and get lost in the 10,000 detours!! __________________ My low post count is due to the fact that I actually wheel on trails and not the web. 88 MJ lifted and stuff I used to have a willys

08-30-2006, 02:45 PM	#11
phattdraggon Registered User Join Date: Jul 2005 Member # 50975 Location: Charmington, NM / Durango, CO Posts: 447	All i can say is that I am stoked to be in Farmington this year. i have been in downtown Durango for the last 9 rallies and it sucks trying to do anything if you actually live there. best weekend of the year to go camping. no sounds of Harley for 96 hours straight, no drunk ass stupid motherfawkers throwing up next to my window, no vomit to step in when trying to go get coffee the next morning. the only thing i will miss is the parade and the skimpy outfits worn by the ladies. even that can be nasty as most of the ladies wearing skimpy outfits are baby boomers and we are not talking the MLFy kind either.

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