"Newps" wrote in message
. ..

That was wrong on the controllers part.

Wouldn't it be covered under here? Maybe he forgot to specifically say
"runway xx unsafe?"

3-3-2. CLOSED/UNSAFE RUNWAY INFORMATION
If an aircraft requests to takeoff, land, or touch-and-go on a closed or
unsafe runway, inform the pilot the runway is closed or unsafe, and
a. If the pilot persists in his/her request, quote him/her the appropriate
parts of the NOTAM applying to the runway and inform him/her that a
clearance cannot be issued.
b. Then, if the pilot insists and in your opinion the intended operation
would not adversely affect other traffic, inform him/her that the operation
will be at his/her own risk.

PHRASEOLOGYRUNWAY
(runway number) CLOSED/UNSAFE.
If appropriate, (quote NOTAM information),
UNABLE TO ISSUE DEPARTURE/LANDING/TOUCHAND-GO CLEARANCE.
DEPARTURE/LANDING/TOUCH-AND-GO WILL BE AT YOUR OWN RISK