Your Rights at Burning Man

Heading to Burning Man this year?  Check out this piece about your rights in Black Rock City. And, if you're in Reno, go here to get info about our Burning Man-themed party on August 25th!

Originally published in the August edition of Reno Tahoe Tonight:

Sand. Nudity. Sculpture. Neon. Dancing. Civil Liberties...? All of these are critical components of Burning Man and the American Civil Liberties Union (ACLU) of Nevada will be there to help make sure of it. For the third year in a row, the ACLU of Nevada staff and volunteers will be at Burning Man to act as legal observers, collect complaints, inform people about their rights, and make sure law enforcement behavior stays within the bounds of the Constitution.

Although Black Rock City is like no other city, it does share a common characteristic with every other city in America: its citizens do not give up their constitutional freedoms and liberties while on the playa. And like every other city, conflicts between law enforcement agencies and citizens do occur.

Each year, as part of the cost of renting the playa from the federal Bureau of Land Management, Burning Man organizers are presented with a non-negotiable bill for estimated law enforcement costs, including an officer-to-citizen ratio much higher than the normal ratio for community policing off the playa. These officer staffing levels indicate that law enforcement agencies view Burning Man as a “target-rich” environment closer to a violent protest. And in that environment, there is always the possibility for law enforcement to bend the rules a little, particularly with regard to the Fourth Amendment, and see participation in Burning Man as probable cause for a search.

Ultimately, the lesson on the playa is the same as off-playa: knowing your rights can be the best defense against any abuse of government power. On the playa, perhaps the most important right that Burners have is the right to refuse to consent to a search. Though a law enforcement officer does have the right to briefly stop you to ask for your identity without probable cause of a crime (and if this occurs, you should be truthful, as lying to an officer may be a crime), an officer may not require you to answer additional questions, detain, or search you without either 1) consent or 2) probable cause. Your refusal to give consent does not constitute probable cause for search.

All Burners should read the law enforcement section of the official Burning Man Survival Guide for more detailed information. You can also download the Burning Man “Know Your Rights” card or file a complaint about your interaction with law enforcement at www.aclunv.org. For questions on the playa, make sure to visit the ACLU of Nevada’s booth in Center Camp.

This is not legal advice. This is information digesting the general state of the law. We urge you to consult a lawyer for legal advice about a particular legal question or issue you may have. If you believe you are coerced into giving consent for a search, or that you are searched without probable cause, you may wish to contact the ACLU of Nevada, at www.aclunv.org.

ACLUNV's Rebecca Gasca and Lee Rowland at a pre-Burning Man event.