Facts

Black Rock City LLC operated the Burning Man Event in Black Rock Desert, Pershing County, Nevada. It had done so annually since 1991. Burning Man was an event attended by over 50,000 people each year, aimed at encouraging communication and individual expression through art and other media. Burning Man took place on federal land for 21 years, administered by the Bureau of Land Management. Black Rock City had a permit from the Bureau allowing it to operate the event.

In 2004, Pershing County enacted an ordinance. Black Rock protested the ordinance, arguing that it couldn't be constitutionally applied to Burning Man, because it was federally permitted. Instead of litigating the matter, Black Rock and the County entered into agreements that allowed Black Rock to operate Burning Man without observing the ordinance.

However, Black Rock later claimed that the County began to impose new unnecessary and unlawful regulations on Black Rock, threatening its ability to conduct Burning Man in 2013 and onward. In 2012, the County demanded that Black Rock agree to revoke their prior 2005 and 2011 agreements, but Black Rock refused to do so. Black Rock then filed suit.

PLAINTIFF'S CONTENTIONS:
Black Rock argued that it was being denied its federal rights, and that the County was seeking to apply conflicting and preempted state law over federal law. They also claimed that the County had filed a collusive state lawsuit in order to attack Burning Man. The plaintiffs asserted causes of action for declaratory judgment regarding preemption of the county's festival statute, a declaratory judgment regarding preemption of festival laws, a declaratory judgment regarding the facial invalidity of the festival laws, and a declaratory judgment regarding the violation of Black Rock's due process rights.

Result

The parties settled, agreeing to a comprehensive long-term framework by which the County would be able to supply law enforcement services at Burning Man events. Black Rock would pay the County for the law enforcement services based on a payment chart agreed to by both parties.