Tuesday, May 20, 2008

ACTION ALERT ~ OPPOSITION Letters needed for NEW liquor license at Bear Butte!

Please forward this Action Alert in its entirety. Thank you.


Hello everyone,

The upcoming hearing for both NEW and renewal Malt Beverage applications will be held at Meade County Commissioners on Thursday, June 5th at 3:30 p.m.

We are requesting as many supporters as possible attend this hearing. It is important for both locals and Tribes with interest surrounding Bear Butte to attend this hearing, to voice your oppositions to this NEW license for Broken Spoke Campground, formally known as Sturgis County Line.

Many of you may already be aware, on April 14th, 2008 Jay Allen announced he was in the process of transferring Sturgis County Line, to Target Logistics Corporation dba Broken Spoke Campground, LLC. Their new General Manager David Shoe has taken over the business. Target Logistics is a multi-million dollar corporation, that has the intent of expanding and further developing Broken Spoke Campground, adjacent to Bear Butte. They recently announced they would be opening the location year round, and will be hosting biker events in June, July and August.

This issue is more critical than ever, we need your support and your opposition letters!

Enclosed is a sample letter that can be sent to Meade County, just copy and paste it into a new email and send to the provided email address for Meade County. Or create your own letter, but PLEASE use the issues in bold as your focal points, suitability of location and character are the only two legal measures, for revocation or denial of new liquor licenses or renewals.

Please don't forget to add your legal name and address in your emails, this will assure that your email is counted!

DEADLINE for letters is JUNE 4th at 5:00 p.m. (Mountain Time)

Here is a complete list of all renewals of establishments located directly around Bear Butte:

Iron Horse Campground, Richard Arneson, Tract D & E of BH Subdivision, lying in Tract W1/2 of Sec. 32, T6N, R6E, BHM, Meade County, SD – On-Off Sale;

Buffalo Chip Campground LLC. N1/2 NW1/4, NE1/4, Sec. 8, T5N, R6E, SW1/4, Sec. 4, T5N, R6E, BHM, Meade County, SD – On-Off Sale and Off-Sale SD Wine;

Bear Butte Creek Campground, Mary Hershey Lot 2 & 3, SE1/4NW1/4, S1/2NE1/4, less portion, Sec. 5, T5N, R6E, BHM, Meade County, SD – On-Off Sale;

Full Throttle Saloon & Campground LLC, Lot B of Brennon Subdivision of the NE1/4, Sec. 12, T5N, R5E, BHM, Meade County, SD, On-Off Sale;

Glencoe CampResort, Inc. d/b/a Double J Enterprises Glencoe Subtract B Lots 1 & 5, less 7 acres (2nd revision), Sec. 1, T5N, R5E, BHM; Lots 1 thru 5 S1/2NE1/4, Sec. 6, T5N, R6E, BHM; SE1/4NW1/4, less Tract A (2nd revision), Sec. 31, T6N, R6E, BHM; SE1/4SW1/4 Lot 4, Sec. 31, T6N, R6E, BHM; Lot 1 & 2, Sec. 36, T6N, R5E, BHM; less Govt. Lot 4; SE1/4 SW1/4, SW1/4 SE1/4, E1/2 NW1/4 SE1/4 of Sec. 31, T6N, R6E, BHM, E1/2 N1/2 of Govt. Lot 1 of Sec. 1, T5N, R5E, BHM, Govt. Lot 2 of Sec. 6, T5N, R6E, BHM, Meade County, SD – On-Off Sale;

Dragpipe Saloon LLC, N1/2SE1/4 Sec. 1, T6N, R5E, BHM, Meade County, SD - On-Off Sale;

Free Spirit Campground, LLC – W1/2SW1/4NE1/4 and N1/2NW1/4SE1/4, Section 18, Township 6 North, Range 6 East, BHM, Meade County, SD (retail on-off sale malt beverage).

Crazy Coyoteys LLC., Government Lot 6 in Section 25, Township 6 North, Range 5 East, of the BHM, Meade County, SD less Fritz Subdivision thereof. – On-Off Sale;

Ride N Rest LLC., Lot 1 & Lot 2 BH Subdivision located in the SW1/4SW1/4 of Sec. 32, T6N, R6E, BHM, Meade County, SD – On-Off Sale;

Sample Letter:

Add Today's Date: ____________

Attn: Meade County Auditor

Meade County Board of Commissioners

1425 Sherman Street

Sturgis, SD 67625

Via fax: 605-347-5925

via email: meade@meadecounty.org

Dear County Commissioners:

I oppose the new application for a Malt Beverage liquor license application submitted by General Manager, David Shoe dba Broken Spoke Campground, LLC. The proposed application is for a location that is unsuitable. I request that Meade County Commissioner’s deny the new application. Broken Spoken Campground, LLC formally known as Sturgis County Line, LLC lies within 2 miles North of the actual base of Bear Butte and threatens the natural and historic resources there.

The NEW Malt Beverage license application should be denied because the locations are not suitable. These large scale commercial developments invite noise and cumulative impacts of increased traffic and travel, which all stand to adversely impact the natural serenity and tranquility needed for cultural, ceremonial and other visitations to Bear Butte. They will also negatively impact the experience of people who enjoy the spiritual, cultural, and natural resources at Bear Butte.

The application should be denied on the basis that the applicants are not suitable characters to hold a beer and/or liquor license as proposed. The new application license for General Manager, David Shoe dba Broken Spoke Campground, LLC should be denied based upon unsuitable character and misrepresentation. The new investors of Broken Spoke Campground, LLC, Target Logistics Corporation, have been made fully aware of the significance and protection for Bear Butte. Issues include, the unsuitability of this location, unacceptable noise and disturbance, that this location continues to cause, to those who travel to Bear Butte who need solitude and serenity. They fail to take into account local concerns of impacts to the spiritual, cultural, and natural resources at Bear Butte. Bear Butte is a place of prayer where the natural environment needs to be free from negative influences of alcohol that could affect religious beliefs and practices of those who travel from around the world to pray.

The new investors, Target Logistics Corporation, dba Broken Spoke Campground, LLC have announced plans for additional development and expansions at Broken Spoke Campground. Their expansions include, opening all year round and hosting various rally events in June, July in addition to August. The loud noise and music from this location throughout the summer will directly effect, encroach upon and interfere with the experience of people who wish to pray and/or visit Bear Butte in seclusion. Many Native Nations and their member’s travel to Bear Butte to pray throughout the year. Bear Butte, a Historical Landmark and sacred site should be protected from the negative influences of beer, liquor and drugs.

I respectfully request for the Meade County Commissioners to DENY the new Malt Beverage license to General Manager, David Shoe and Broken Spoke Campground, LLC

PLEASE INSERT YOUR full legal name
and address

For additional information, or CURRENT updates on the Protection of Bear Butte, please visit our website at www.ProtectBearButte.com or contact Tamra@ProtectSacredSites.org.

You can sign up for email updates for Bear Butte at info@ProtectBearButte.com , put sign up for email updates in the subject line.

In peace & solidarity,
Tamra Brennan
Grass roots organizations

Protect Sacred Sites Indigenous People, One Nation

& Protect Bear Butte


"Our sacred lands are all that remain keeping us connected to our place on Mother Earth, to our spirituality, our heritage and our lands; what’s left of them. If they take it all away, what will remain except a vague memory of a past so forgotten?"


Friday, May 9, 2008

Saving sacred site Bear Butte issue more critical than ever

My commentary on Bear Butte, was published in Native Times on Monday May 5th, it is also available at the following link

Saving sacred site Bear Butte issue more critical than ever

by Tamra Brennan 5/9/2008


Greetings to all my relations,

I am writing to you today to alert you to the escalating commercial desecration of land held sacred by nearly all the Plains American Indian Nations, Bear Butte. Blatant disregard for the spiritual beliefs and ceremonies of Native People and the sacredness of this mountain is evidenced by the increased presence of bars, clubs, strobe lights, campgrounds that sell alcohol and a proposed stadium.

Bear Butte is a sacred mountain located eight miles west of Sturgis, South Dakota. It is registered as a National Historical Landmark. Bear Butte is sacred to the Plains Tribes who continue to travel to the mountain each summer to pray and hold their annual ceremonies. Instead of praying in peace, traditional people are forced to pray with loud music from bars, motorcycle noise, flashing strobe lights over the mountain, and intoxicated campers nearby.

For the past few years there has been a continual encroachment of bars and venues heading towards the sacred mountain. In the summer of 2006, the massive two story bar opened just one mile from the mountain, called Sturgis County Line. Their goal is to have a 50,000 seat concert stadium and a RV park, in addition to the newly built two story bar. The owner of this location, Jay Allen has been disrespectful from the start. He initially wanted to call the location “On Sacred Ground” and erect an 80-foot Indian statue pointing towards the sacred mountain. Of course this was not well received by Native People or others who understand the disrespectful nature of such an act. There has been a movement to stop Jay Allen, and further commercial development, ever since.

Unfortunately, there have been several developments since the summer of 2006. Expansions of Sturgis County Line are in progress and things continue to get worse.

On December 5, 2007 the Meade County Commissioners unanimously voted to revoke Jay Allen’s on-sale liquor license, seemingly a good thing. The decision was based upon, Jay Allen’s character, stating he was not a suitable person to hold the liquor license in question. The character issue was a result of Jay Allen defaulting on over $100,000.00 of debt, to local contractors who helped to build the Sturgis County Line, in 2006.

In January, Jay Allen appealed the Meade County Commissioners decision to revoke his license.
On April 14, 2008 the appeal was held before Judge Bastian, at the Meade County Courthouse. Allen testified he had signed a Memorandum of Understanding, purchase agreement on February 26, 2008 with Target Companies, a travel corporation from Boston, MA. The agreement terms were to be finalized on May 3, 2008. Allen stated upon completion of the agreement, his only role in the Sturgis County Line would be as a promoter, and because he was no longer the owner, his character could not be basis for license revocation. Judge Bastian remanded the decision back to Meade County Commissioners. His instructions asked the Commissioners to reconsider their decision to revoke, based upon the new information that Allen would no longer be the “owner” of Sturgis County Line.

The Judge’s decision was shocking; he re-wrote legislation at the bench. This ruling sets precedence for anyone in South Dakota, if you lose your liquor license due to poor character, the simple solution is to sell to a partnership, disassociate yourself on paper, and your liquor license will be restored. The intriguing part of this decision was, as of the court hearing date on April 14, 2008, Jay Allen was still the current owner and President of Bear Butte Sunsets LLC/ Sturgis County Line. As of the hearing, the only legitimate change had been new management, since the "sale agreement" would not be final until May 3, 2008.

The Meade County Commissioner’s held an Executive Session Meeting on April 24, 2008. They unanimously voted to appeal Judge Bastian’s decision. It has been directed to South Dakota Supreme Court for further clarification, to determine if Judge Bastian had the legal authority to make such a decision. A court date will be scheduled in the upcoming months.

Target Companies marketing campaign is very aggressive. Plans were announced to open Sturgis County Line year round. Biker rally events are currently scheduled in June, July and in August for the annual Sturgis Rally. So far, over a thousand bikers are scheduled to attend each event in June and July. The concert venue will be moving forward and by next summer there may be a concert stadium within a mile of Bear Butte. With this new year- round expansion, it will virtually become impossible ALL summer, to pray in peace at Bear Butte. This issue has escalated and is now, more critical than ever.

A campaign is in progress to educate the bikers, in regards to the significance and protection for Bear Butte. This has been an on-going effort to create awareness over the past two years. People from across the nation have participated in reaching out to the bikers. It is through awareness that we can help make a difference with this issue. We have support from many people within the biker community but most people remain unaware of the struggle. Many bikers have stated they were not aware of the significance of Bear Butte previously, but will now support us and act accordingly.
We ask for respectful behavior from people who are near the mountain. We want to limit the noise, intrusive lighting, and alcohol consumption near the mountain.

In addition, we struggle with continuing development. There is land for sale, literally at the foot of the mountain that will likely be purchased by a developer for the purpose of erecting yet another summer party venue. This property lies between Northern Cheyenne lands and Rosebud Sioux Tribe’s lands where prayer is taking place. Land prices have skyrocketed, artificially inflated due to the prospect of money-making development. Purchase of land by Tribal Nations has become unrealistic. We are at a crossroads. We need your help before the mountain is lost to us forever.

For up to date information regarding the protection of sacred sites and the ongoing Bear Butte efforts, please visit our website(s) at www.ProtectBearButte.com or www.ProtectSacredSites.org.

We are continuing the struggle to Protect Bear Butte and hope you will join us in these efforts!

"Our sacred lands are all that remain keeping us connected to our place on Mother Earth, to our spirituality, our heritage and our lands; what’s left of them. If they take it all away, what will remain except a vague memory of a past so forgotten?"

In peace & solidarity,
Tamra Brennan
Protect Sacred Sites Indigenous People, One Nation

"Our sacred lands are all that remain keeping us connected to our place on Mother Earth, to our spirituality, our heritage and our lands; what’s left of them. If they take it all away, what will remain except a vague memory of a past so forgotten?"

Thursday, May 8, 2008

Wednesday, May 7, 2008

Update on Bear Butte ~ Meade County Commissoners meeting 5/7/08

Update on Bear Butte 5/7/08
By: Tamra Brennan
Founder/Director of Protect Sacred Sites & Protect Bear Butte
www.protectsacredsites.org and www.protectbearbutte.com

The Meade County Commissioners held their monthly meeting today, Target Logistics was on the agenda in regards to Sturgis County Line, LLC.

Attorney for Target Logistics, Jim Seward stated the following information:

• Attorneys above him made a decision to NOT go thru with the sale closure, but to proceed with a lease, due to the recent appeal of Judge Bastian’s decision.

• Target Logistics is assuming all non litigated liabilities for SCL (Sturgis County Line) and are prepared to immediately pay off the $120k in outstanding debts to the creditors.

• Jay Allen is “no longer running the place.”

• David Shue is the sole member and new General Manager for Sturgis County Line, LLC.

• There was NO guarantee that in the future T.L. would not give Jay Allen a percentage of stock in SCL, LLC.

• That T.L. was only purchasing SCL, LLC and not the Broken Spoke in Sturgis, or other venues that Jay Allen owns (this contradicts what was stated in court on April 14th)

• T.L. will be spending $1M in Meade County by this summer, including the recent purchase of a brand new truck from Ford. (Interesting how they purchased luxury items, before considering paying off the debts, they claim they would. This was also pointed out by Commissioner Dean Wink.)

Some details about Target Logistics:

They were founded in 1978 and have in excess of $50M in capital. Some of their clients include the Secret Service, the feds, and military.

Why would a company that focuses on these types of “clients,” be interested in SCL? There still has been no explanation for this question! This seems a little out of the ordinary to say the least.

Comments, concerns and issues raised by Commissioners:

Commissioner Mallow questioned the validity of the purchase agreement, stating as of today, T.L. and SCL have failed to provide any proof or evidence regarding the transfer documentation.

Commissioner Hammock stated none of this matters, it was all over last December as far as he is concerned. If T.L. wants a liquor license, they will have to apply for a new one.

Commissioner Wink stated that Jay Allen approached this situation like a “school yard bully,” picking on the most vulnerable people. That Allen continually stated, he was in the process of taking care of the outstanding debts and had other businesses in escrow, which would cover the debts and it would be taken care of. However he never came through, with what he said he would do. Wink stated that, Allen had ample warning what repercussions would take place if the debts were not resolved, considering last June his off-sale liquor license was revoked, due to the outstanding debts.

Where it stands at this time:

Meade County Commissioners filed the appeal on May 6, 2008 in Supreme Court. It is expected it will be heard by June 6th, if the Court will accept the appeal or not. If it is accepted, the process could take up to two years before a final decision is reached, between the appeals going back and forth.

Meade County Commissioner’s have the right to stop the appeal process, if desired. (Realistically, I don’t think they will, but I guess we never know)


June 5th at 3:30 p.m. Meade County Courthouse - off-sale alcohol liquor license renewals will be heard, including for SCL.

We need to pack the court with supporters and representatives from the Tribes for this hearing!

This issue is progressively getting worse and now, our struggle has gone from battling Jay Allen, to dealing with a huge multi-million dollar corporation. We need all of our supporters and the Tribes with interest surrounding Bear Butte, to PLEASE come and help continue this ongoing struggle to Protect Bear Butte.

PLEASE plan on attending the upcoming hearing on June 6th.

For CURRENT up to date info, hearings and action alerts regarding the Bear Butte issue, please visit our website at www.protectbearbutte.com .

We hope to see you all there!