Protect Bear Butte
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To: Meade County Commissioners, Sturgis South Dakota
June 2008, the Supreme Court DENIED the Meade County Commissioners appeal.
The Meade County Commissioners will hold a hearing on July 1, 2008 to make a FINAL determination on the revocation of Jay Allen's, liquor license for the Sturgis County Line (now known as Broken Spoke Campground, LLC).
We are hereby requesting the Meade County Commissioners CONTINUE to DENY, Jay Allen's appeal.
Please keep in mind, this appeal and hearing are a separate issue from the new owners Target Logistics, filing for a NEW liquor license, which will now also be heard in July.
We are requesting that everyone OPPOSE BOTH issues.
Background on issue:
Bear Butte is a sacred mountain located eight miles east of Sturgis, South Dakota.
There are four National designations for Bear Butte:
National Historical Landmark, listed on December 21, 1981
National Historical Places, listed on June 19, 1973
National Natural Landmark, listed on April 1965
Registered National Trail (Bear Butte Summit Trail), listed on June 1,1971
Bear Butte has been on the National Historic Landmarks Program threat level watch list since 2004.
Bear Butte was established as a State Park in 1961.
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.
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.
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.
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.
Target Logistics, the new investors of Broken Spoke Campground, LLC (formally known as Sturgis County Line) have a very aggressive marketing campaign. Plans were announced to open the venue year round. Biker rally events are currently scheduled in June, July and in August for the annual Sturgis Rally. 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.
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 Logistics 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.
The beginning of June, the Supreme Court ruled to deny the Meade County Commissioners appeal. The decision is now remanded back to the Commissioners to make a final ruling.
PLEASE show your support for the ongoing efforts to Protect Bear Butte by signing our online petition.
PLEASE sign with your full legal name, DO NOT use screen names or just your first name!
Thank you for your support!
We are continuing the struggle to Protect Bear Butte and hope you will join us in these efforts!
For more detailed information on the struggle to Protect Bear Butte, please visit our website at www.protectbearbutte.com
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The Protect Bear Butte Petition to Meade County Commissioners, Sturgis South Dakota was created by and written by Tamra Brennan, Founder/Director Protect Sacred Sites (firstname.lastname@example.org ). This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition