Burning Man, the legendary gathering in Nevada’s Black Rock Desert, is celebrated for its creativity, radical self-expression, and tight-knit community. However, behind the art cars, fire installations, and desert dust lies a complex legal foundation that keeps the event running smoothly year after year. Carole Morrell, Burning Man’s first General Counsel, shared her experiences from the festival’s early days in a Reddit “Ask Me Anything” (AMA) session. As a key figure in shaping the legal framework of Burning Man in the 1990s, Morrell offered a fascinating look into the festival’s evolution, from legal challenges to unforgettable personal moments.

Falling in Love with Burning Man

Carole’s journey with Burning Man started in 1995, but it was the following year that solidified her involvement. Initially drawn to the festival by the Cacophony Society’s newsletter, she finally attended Burning Man in 1995 and immediately fell in love with the event. “I saw plenty of potential legal issues,” Carole explained, which led her to volunteer her legal expertise to help the growing community. It wasn’t until 1996, however, after a series of tragic accidents, that her legal services were called upon.

As she became more involved, Carole became a vital figure behind the scenes, setting up the festival’s first LLC and ensuring its legal survival. Her contributions ranged from acquiring permits to negotiating with insurers—a significant feat after the deadly incidents of 1996—and establishing legal policies that are still in place today.

The Creation of Radical Responsibility: “You Voluntarily Assume the Risk of Death”

One of Carole’s most notable contributions was the now-famous phrase printed on every Burning Man ticket: “YOU VOLUNTARILY ASSUME THE RISK OF DEATH.” In the AMA, she explained how this stark warning came about as part of the legal efforts to address the inherent risks of the event. It was intended to inform attendees that participation involved significant personal responsibility.

This phrase, while shocking to some, became a central part of Burning Man’s ethos of radical self-reliance. Attendees are expected to understand the risks involved, from the harsh desert environment to the unpredictability of large-scale experimental art. As Carole noted, the line has been quoted thousands of times and serves as both a legal disclaimer and a cultural touchstone for the event’s participants.

Burning Man’s First Death and the Legal Aftermath

Perhaps one of the most significant turning points for Burning Man was the 1996 event, which saw the festival’s first fatality and several life-altering injuries. In her role as General Counsel, Carole helped navigate the festival through a difficult time. Michael Furey tragically died in a motorcycle accident on the playa, and another participant, under the influence of drugs, drove a vehicle over tents, seriously injuring several people.

Although these incidents threatened the festival’s very existence, they also prompted a critical shift in how Burning Man handled safety, liability, and legal responsibility. Through lawsuits and settlement negotiations, Carole and her team managed to secure the festival’s future while maintaining its rebellious spirit.

A Surreal Negotiation in Underwear: Saving Burning Man from Closure

In one of the AMA’s more humorous and bizarre anecdotes, Carole shared a story about a time she negotiated with the Washoe County Sheriff’s Department while wearing nothing but her underwear. Due to a miscommunication, she was called out to deal with the Sheriff’s demands in the middle of the desert without having time to change.

The sheriff’s department had threatened to close the event due to last-minute requirements not being met. Despite the unusual circumstances, Carole successfully negotiated a solution, preventing a road closure that could have halted the festival entirely. “It was one of those nightmares where you’re at work or school without pants on, and I lived it,” she said, laughing at the memory.

Evolving Art and the Spirit of Participation

While Carole’s legal work was critical and rewarding, her fondest memories of Burning Man revolve around the art and the community. She reflected on the evolution of art on the playa, from humble beginnings in the 1990s to the massive, intricate installations seen today. “The art evolved to be so much more expensive, labor-intensive, and on such a grander scale,” she noted, but also stressed that small, unfunded projects could be equally meaningful.

Carole also highlighted the strong spirit of participation that defined the festival’s early days. From impromptu quests for participants to surreal encounters with strangers, she experienced firsthand the magic that Burning Man’s community fostered. One of her most cherished memories is of a hailstorm in 1995, after which participants played in the mud under the desert sun, an experience she described as “solemn and moving, like a religious experience.”

The Decision to Step Away

It wasn’t until later in the AMA that Carole shared the story of her departure from the organization. After years of being deeply involved in the event’s legal and operational affairs, she faced a moral dilemma when some board members, including founder Larry Harvey, made decisions that contradicted agreements with their insurers. A disagreement over safety and liability regarding an art project led her to resign, as she could no longer stand behind the festival’s riskier decisions. Though it was a difficult choice, Carole felt it was the right one for her personal and professional integrity.

A Legacy of Legal Resilience

Through her stories, Carole painted a vivid picture of Burning Man’s early years, marked by legal battles, personal growth, and unforgettable moments. Her legacy as General Counsel laid the foundation for the festival’s legal stability and, ultimately, its growth into the global cultural phenomenon it is today.

Even though she stepped away from the organization, Carole’s love for Burning Man has never waned. She continues to follow its evolution and cherishes the impact it has had on both her life and the lives of countless others.