Two Headlines caught my eye – Environmental & Wildlife Protected.
Posted: December 20, 2008 Filed under: Criminal Liability Leave a comment
KRDO TV of Colorado Springs is reporting that a hunting guide from Utah was caught illegally guiding clients in Colorado. He was sentenced to one year in prison and three years of probation. See Utah Guide Gets Prison Time for Poaching in Colorado
The EPA has also released a most wanted list of polluters. The page lists 23 people who have been charged with environmental crimes that the EPA wants caught. See EPA Fugitives.
Pretty neat.
This is how a standard in the industry changes
Posted: December 18, 2008 Filed under: First Aid | Tags: AED, Automated external defibrillator, automatic extenal defibrullator, Boy Scouts of America, first aid, RecreationLaw Facebook, Standard of Care, Youth Camp Leave a commentIt moves up because the best get better.
Many people believe that the standards of an industry change three basic ways.
#985 Airport not in Japan (Photo credit: Nemo's great uncle)
1.) The entire industry gets better.
2.) The bottom, or worst part of the industry gets better; or
3.) Written standards are created that makes the industry get better.
All three are incorrect. (The third belief serves the opposite effect and usually promotes lawsuits.)
Standards change when the best get better and move the standard in the industry upward. It was recently reported that the Boy Scouts of America purchased AED’s for all of its offices and camps. That is an example of the standard changing for camps. It may not affect the youth the camps are designed and run for, however it will affect the adults at the camp.
Has this changed the standard of care for adults and visitors at camps?
In this case we have the largest promoter of camping in the US with 4 million members and more than 300 offices and close to 400 camps putting AED’s in their camps. This is a major move on the part of the industry. A significant, as measured by numbers or percentages of the industry now has AED’s at their camps.
If other youth camps, either based on this, or on their own start installing AED’s as their camps the standard in the industry is shifting towards or requiring having AED’s in camps.
The standard changed.
What do you think? Leave a comment.
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Telluride enforcing its rules
Posted: December 16, 2008 Filed under: Ski Area Leave a comment
We may find out again if Telluride is going to go exercise its right to banish people who violate their rules (contractual requirements) and state laws. See A snow-lover’s nightmare: banishment. Banishment not only means not allowed to ski the rest of the season, but banned from skiing, in the case in the article for the next two years.
Most ski resorts in the West are on land owned by the Federal Government, the U.S. Forest Service. The resorts operate under a Special Use Permit. The USFS owns the land and basically leases it to the ski area. The lease, called a Special Use Permit, allows the ski area to operate on the land. A simple comparison would be the same as a landlord tenant arrangement when renting an apartment. The tenant, in this case the ski area has the right to control who enters their apartment, land, when and how.
Telluride revoked 47 passes last year. Telluride pays ticket checkers a $50 bonus for catching people trying to sneak onto lifts without paying for a ticket. Most resorts reward their ticket checkers for catching cheats.
The subject in the story was banned for two years for attempting to access a lift without buying a ticket.
Losing control of a campfire at US Forest Service Campsite Expensive
Posted: December 9, 2008 Filed under: Criminal Liability Leave a comment
A 64 year old man from Washington D.C has been indicted for allowing a campfire to get out of control and start the largest fire in the last 80 years of Minnesota’s history. The defendant was camping in the Ham Lake Campground in Superior National Forest just outside of the Boundary Waters Canoe Area. The fire burned 75000 acres costing $11 million to battle and destroyed 150 buildings.
The defendant is charged with one count of setting timber afire, one count of leaving a fire unattended and unextinguished and one count of giving false information to a USFS officer. The charge of setting timber afire is a felony with a possible 5 year jail term. The remaining counts are misdemeanors.
See Camper indicted 18 months after most expensive, destructive Minnesota fire in 80 years
Lawsuit for Summer Camp Drowning
Posted: December 9, 2008 Filed under: Summer Camp Leave a comment
The Gottsman family has filed a lawsuit over the death of their son Yoni Gottsman. Yoni was four years old at the time of his death while attending a summer camp at the Cathedral Oaks Athletic Club. The young boy was found floating face down in the pool. Based on surveillance video the family, through their attorney, claims there was no supervision at the pool. The lawsuit is claiming negligence, wrongful death and willful misconduct. The complaint alleges the life guards did not receive proper training and did not watch the campers well enough although this statement seems to be at odds with the claim that there was no supervision at the pool.
What stands out is the statement by the attorney for the plaintiff that claims the defendant “falsely advertised itself as a safe and secure environment for kids.” This is the second article in as many months claiming the statements made on the web gave rise to the lawsuit. See Children suing health club over death of parent: Mother was 70 and had heart disease. Remember: The promises made in your marketing are what you are forced to defend when you are on the stand in a lawsuit.
Surveillance video is so common that we ignore it now days. The allegations in the complaint are the video shows a counselor dunking the deceased before he drowned.
What seems to have triggered the anger leading to the lawsuit was the refusal of the district attorney to file criminal charges in the matter. There is a clear misunderstanding of the differences between criminal law and civil litigation. This desire to prosecute is reinforced in statements made by the plaintiff’s attorney who says they intend to dig up evidence to bring the case back to the district attorney.
The plaintiff’s attorney is probably paid based on what he recovers. He will not be paid to dig up a criminal case.
See Lawsuit filed in drowning death at Cathedral Oaks and Family Files Lawsuit After Summer Camp Drowning.
Another wonderful opportunity to share with students:
Posted: December 5, 2008 Filed under: Uncategorized Leave a comment
http://www.georgewright.org/parkbreak2009.html
Park Break 2009
Application deadline December 31, 2008
Park Break is an all-expenses-paid park-based field seminar for graduate students who are thinking about a career in park management or park-related research and education. Park Break puts you in a national park unit for up to a week’s worth of field and classroom activities in close collaboration with park scientists and scholars, managers and administrators, and partner organizations.
The primary goal of Park Break is to encourage promising graduate students to experience the challenges of managing a national park unit. Through instruction from and dialogue with park resource managers, researchers, administrators, interpreters, and other professionals, Park Break participants will begin to understand the complexity of park research and management. This unique program is not offered anywhere else, as it focuses on scientific and intellectual inquiry at the graduate level specifically related to national parks. Although Park Break is open to graduate students of all backgrounds, an additional goal of the program is to provide minority students with experience in national parks in order to facilitate future careers in the field of parks and protected areas research and management.
Each Park Break is designed around a specific topic. Not only will you explore that topic in depth, you’ll see how it relates to the whole range of challenging issues facing park managers today. More than that, you’ll be involved with agency personnel who are actively recruiting the best young people in the park professions.
Participants in Park Break are chosen through a competitive application process. We are now accepting applications for Park Break 2009. The deadline is December 31, 2008.
Park Break is organized by the George Wright Society, the USA’s leading professional association for researchers, resource managers, administrators, educators, and other professionals who work in or on behalf of parks, protected areas, and cultural sites. GWS puts on Park Break in cooperation with the U.S. Geological Survey, National Park Service, Geological Society of America, Student Conservation Association, Texas A&M University, and Colorado State University.
Click the links to find out how you can apply to take part of the 2009 Park Break! And check out the Park Break 2008 Facebook Group.
West Virginia writes a good law – but the WV Supreme Court usually will change it
Posted: December 2, 2008 Filed under: Uncategorized Leave a comment
The West Virginia legislature passed a law this year that provides protection from litigation for park districts from people who act carelessly.
The bill came about because the cost of insurance was bankrupting parks; insurance costs had reason 300 percent over the past 10 years.
This is a great idea, except it is in West Virginia. The article speaks to other acts that the legislature has passed to protect an activity: “Hatfield-McCoy Trail, whitewater rafting companies and ski resorts.” In the whitewater rafting case the Supreme Court interpreted the whitewater rafting act to say that outfitters could no longer use a release. The act thought good, is not all inclusive and leaves big gaps in rafting protection.
To read the article see Bill passed to protect parks from lawsuits. To read a review of the West Virginia Supreme Court decision voiding releases in whitewater rafting see West Virginia court invalidates release and third part indemnification in case against whitewater outfitter and Murphy, v. North American River Runners, Inc., 186 W. Va. 310; 412 S.E.2d 504; 1991 W. Va. LEXIS 222.
Unless the law allows the parks to continue to use releases, they may end up with more not less lawsuits.
2009 Call for Abstracts – Leisure Research Symposium
Posted: December 1, 2008 Filed under: Uncategorized 2 Comments
We are pleased to announce the 2009 Call for Abstracts for the Leisure Research Symposium. The announcement, including the on-line submission form, is now on the NRPA website at this address:
http://www.nrpa.org/admin/content/previewContent.aspx?documentId=8350
NEW FOR 2009:
Please note TWO important changes:
First, the deadline for submissions will be January 26th, 2009; and
Second, we have included an opportunity for individuals to submit a group of papers as a “symposium presentation”.
SUBMISSION PROCESS:
Please read the guidelines carefully – YOU MUST FIRST COMPLETE AN ON-LINE SUBMISSION FORM AND THEN E-MAIL YOUR ABSTRACT TO: LRS@NRPA.ORG
The on-line submission form can be found at the NRPA website listed above or it can be directly accessed at this address:
http://www.surveymonkey.com/s.aspx?sm=DJYEH_2fXjOP_2f4a_2fBhg512Sg_3d_3d
If you have any questions about the process, please contact either one of us:
Dana Kivel—bdkivel@csus.edu and Heather Gibson—gibson@hhp.ufl.edu
2009 LRS Co-Chairs
We are also pleased to announce that Mary Ann Devine – mdevine@kent.edu will once again serve as the LRS Poster Coordinator for 2009.
We look forward to seeing you in Salt Lake City in October!
What you see as normal, the rest of the world thinks is NUTS!
Posted: November 28, 2008 Filed under: Risk Management Leave a comment
I read an interesting article about a zip line that employees of Google has strung between the Google campuses. There is a new building on the other side of a ditch from the main campus and a long drive around. The main campus is where all of the employee benefits are like “lobsters for lunch.”
The zip line from the photographs appears to be about 10′ above the ditch and guessing less than 20′ wide. The ditch is too wide to jump and obviously who wants to drive to lunch.
However the city took the zip line down. Probably and this is purely a guess for liability reasons. The liability of falling 5′ into dirty water is pretty big……
We have to realize that what we do in our sport, what we take for granted scares the heck out of most other people. What looks like fun and an easy way to get to lunch to a 20 year old looks dangerous and scary to a 50 year bureaucrat. We work on the river, in the cave or above ground on a zip line or challenge course every day. We are used to what we are doing. It is our backyard, our office. We go to work by putting on a harness or a life jacket and think life is wonderful.
You have to remember that everything we take for granted and do every day is a new experience for our customers. You can tell when you hand them a harness or PFD and they just stare at it. We approach the first rapid and they get buzzed or nervous. We climb the tower, sometimes forgetting to clip in and they check their harness and tie in half dozen times before putting a step on the first ladder.
You have to remember this way before and way after any incident. You need to tell potential customers exactly what they are facing, from their point of view. Walking a balance beam on the ground is easy. Walking a balance beam 4′ in the air at the Olympics is terrifying. If it were not so, no one would care or watch.
You also must realize this after someone is hurt. Family members are not going to understand why you put their loved one at risk. They can’t fathom any recreation or vacation as anything other than Disneyland.® Why would anyone go to be hurt doing something.
See Google ‘invests’ in Zip Lines and Google’s New Zip Line Yet Another Reason to Hate Your Office
You also need to remember that what we see as dangerous the cartoons in our life may see as normal.
Thanks Matthew!
Sometimes you win one
Posted: November 26, 2008 Filed under: Uncategorized Leave a comment
A woman fell 120 foot over Kaaterskill Falls and sued the state of New York for her injuries. The woman was being lead blindfolded up to the falls wearing flat slip on shoes with no tread. She suffered numerous injuries.
The issue was whether or not the testimony of the injured girl or her friend was more credible. The friend was the one leading the girl blind folded up to the falls and is now estranged from the plaintiff.
The plaintiff claimed the state was liable for failing to adequately warn of the dangers; (I’m curious what signs you can read while blind folded.) and for failing to provide adequate barriers to prevent people from falling.
The court found the profound danger of the falls was open and obvious to anyone employing the reasonable use of their senses.
See: Court rules against fall victim
New UIAA standards coming
Posted: November 25, 2008 Filed under: Uncategorized 4 Comments
The UIAA, (Union Internationale des Association d’Alpinisme), has a new Safety Label for abseiling and belay devices coming out next year. That means that new standards are coming out for belay and rappelling devices. The goal of the UIAA is to update the standards on all equipment by 2009 year end. This update will also see new testing in several instances, particularly climbing harnesses and Via Farrata energy absorbing systems.
One very new idea will be recommendations on how climbers should inspect their own equipment and retire it. This will not be a standard. The Europeans understand the legal issues between a standard and a recommendation. It will be posted at the site when it is available.
I am a member of the Legal Experts Working Group of the UIAA.
See Safety label is expanding.
California Ski and Snowboard Safety Organization turns out to be a Wolf in Sheep’s Clothing
Posted: November 25, 2008 Filed under: Skiing / Snow Boarding 1 CommentThe California Assembly Judicial committee is looking into ski safety issues as a result of the actions of Dr. Dan Gregorie and the California Ski and Snowboard Safety Organization (CSSSO). See my comments about the CSSSO at “Grieving Father starts organization to make skiing safer.”
What is interesting is the “change in attitude” of Dr. Gregorie. In prior interviews including the ones I based my earlier article on Dr. Gregorie and his organization were focusing on keeping skiers safe. Now however there seems to be a revenge motive involved. Dr. Gregorie is quoted as saying. “It’s time something is done to hold ski resorts more accountable and make uniform signage, adequate barriers and proper traffic and speed management part of everyday safety practices.” He has morphed from signage to lawsuits. Along with t a desire to hold ski resorts more accountable, which appears to translate into easier to sue, Dr. Gregorie is attempting to remove personal responsibility from skiers and boarders and place it on the ski areas. “proper traffic and speed management.”
The tenure of the entire direction of the CSSSO has changed as evidenced by these statements in the article:
My original article quotes the purpose of the organization from its website which says nothing about changing the legal issues involved in the California Ski Industry. Yet this now seems to be the intended purpose of the organization.
Another article quotes Dr. Gregorie as saying “It’s time something is done to hold ski resorts more accountable and make uniform signage, adequate barriers and proper traffic and speed management part of everyday safety practices.” See Advocates Urge California Legislature to Make Ski Resorts Safer Assembly Judiciary Committee Hears Harrowing Accounts of Preventable Deaths and Injuries on California Ski Slopes. This article is supposedly written by CSSSO.
Another person interviewed for the article stated the trees and rocks needed padding.
In researching this article I discovered some very interesting comments about it. The Press Democrat of Santa Rosa California in writing about the CSSSO stated in an article “The steady number of serious injuries is prompting programs at ski resorts to increase awareness of risks in the backcountry” that fatalities were caused by “head meets tree.” Although this has been widely reported, there is no research that supports this allegation. If a skier or boarder hits a tree fast enough to cause a head injury, the cause of death is usually a torn aorta. The major blood vessel leaving the heart has very little protection and tears. Yet people and reporters continually report fatal collisions with trees as being caused by head injuries. The comment could be a comment about avalanche deaths, it is hard to understand. I posted a comment asking for support for their statement. However the comments are moderated. A week later my comment was posted but I never got a response..
I understand the issues and anger of losing a loved one. I understand and write about dealing with those issues. I understand the Ski Resorts do not do a good job of dealing with the surviving loved ones and with communicating to the public. However those are not the issues here.
The issue here is there is a non-profit organization that has presented itself to the public and probably the IRS as wanting to promote safety which in actuality wants to promote litigation. If you gave money to CSSSO based on their website, can you get a refund now that the true purpose of the organization has come out?
Another Man Made Snow Avalanche
Posted: November 25, 2008 Filed under: Avalanche Leave a commentIt is being reported at TGR that Wish had a man made snow avalanche. To see the info go to: http://www.tetongravity.com/forums/showthread.php?t=141084
Photos of the avalanche are near the bottom of the page.
I reported on this at Great North Slope last year in
Avalanche: Man-Made Snow to the Ground
Interesting! man made snow avalanching is a fairly new phenomenon.
Shopping online saves paper….unless you shop at Backcountry.com
Posted: November 21, 2008 Filed under: Uncategorized Leave a comment
I enjoy shopping online. It is fast, saves time, saves gas and works well for me. I suspect I purchased something from Backcountry.com or Steep and Cheap because I was sent a Backcountry.com catalog today.
The print piece was obviously designed to drive people to the website because there are no prices in the catalog.
I went to the site and found a Catalog Sign Up link. I did not see any place to un-sign up for a printed catalog. So I went to their contact page and asked them what is going on?
I am very confused by your paper catalog. I was under the impression that on line sales sites prided themselves on their environmental ethics. A major one being not printing and mailing a catalog. I would suspect even more so for companies in the outdoor recreation industry.
I found a place to subscribe to wasting paper and killing trees but I did not find anyplace to unsubscribe from receiving paper.
How I unsubscribe from receiving a printed catalog from you?
I got a response and a very fast one also.
Dear James,
First, I apologize. Not only do I apologize that we should not have sent this print promo to you, but I also agree that we should not have paper catalogs (of any kind). There are certain people that love print catalogs, but not everyone. We try to please as many people as possible, and accommodate them when our attempt is unsuccessful, that is my job!
As you know, we are strictly online. We don’t have a huge catalog that we send out. The only print marketing we send out are the small promotional cards to provide our customers a discount to receive solid deals on gear. For some reason you were assigned to receive this print from us, but I promise that you have been completely removed. You will not be receiving any more of these from us.
If there is anything else that I can do for you, please respond directly to this email and I will make sure it happens. Thank you again for contacting us so we could resolve this problem.
I will personally remove you from our list. You can also do so yourself on our opt in/out page.
I also suggest that you check out www.catalogchoice.org It’s a great service.
Sincerely,
Backcountry.com is still printing and sending catalogs but at least not to me. And their response was fast!
Sometimes this Blog works
Posted: November 21, 2008 Filed under: Uncategorized 1 Comment
Remember the post: Antarctica High School Student Scholarship
Well sometimes it works.
Hi Jim,
Thanks so much for sending me this information. I passed it on to my friends who are either teachers or who have kids in this age range . . . and guess what — Yikes, the15-year-old son of two of my friends was just notified today that he is a recipient!! His mom called me this evening and they are so excited they can hardly speak. I am just almost as excited as they are (not to mention green with envy).
This young man’s dad was a coordinator with our Outdoor Program here at Illinois State about 18 years ago, he met his wife through the program, and now they are both teachers in a small town about an hour north of Bloomington/Normal. I know their son, Alex, pretty well and he really is an amazing kid so I am just thrilled for him.
You rock dude! Thanks again and have a wonderful Thanksgiving.
Children suing health club over death of parent: Mother was 70 and had heart disease
Posted: November 20, 2008 Filed under: Health Club Leave a comment
Children of a 71 year old woman who died in a sauna are suing the fitness club. The deceased had high blood pressure but had been cleared to work out by her physician. She went into the club at 2:30 PM and was discovered in the Sauna at 6:00 PM. The coroner listed the cause of death as cardiovascular disease. The children are claiming the sauna contributed to the death of their mother.
The issue that makes this a “possible” lawsuit is the fitness facility, Silver Sneakers Fitness Program, allegedly advertised itself as a specialty fitness program for adults over the age of 50 The lawsuit claims the health club marketed itself as having a high level of supervision to patrons with medical needs. However a review of the fitness center’s website does not advertise any additional services for older members than any other health club.
The next failure or issue on the part of the health club was the sauna’s thermometer was broken. The temperature was being monitored by a meat thermometer. By the time the police arrived the day of the fatality, the temperature could not be determined because the heat had been turned off. (Is this tampering with evidence or eliminating a risk for rescue personnel? See Canoe rental owner guilty of obstruction in attempt hide facts about drowning – Fear makes you do stupid things.)
Most health clubs have members sign a release. Most members assume a large amount of risk of the activities of a health club. Any person, let alone a 70 year old woman should be aware of medical issues of saunas.
Also battling the plaintiffs is the damages. Damages for wrongful death are based on the lost income over the life of the deceased along with the value of the lost life span of the deceased. A retired 70 year old women has little or no income and if she does have cardiovascular disease a limited lifespan.
Shark Feeding Death triggers debate
Posted: November 18, 2008 Filed under: Jurisdiction and Venue (Forum Selection) 3 CommentsA 49 year old Austrian attorney died after being bitten by a shark in the Bahamas with Jim Abernethy’s Scuba Adventures (JASA). The deceased was on a shark feeding trip where the sharks are baited using chum and the participants are not in cages. The shark apparently missed the food, bit the leg of the deceased and released him. However he bled out before he could be transported to help. See When Adventure Tourism Kills, Tourist’s death sparks shark-diving debate and Sharing the Truth About the Shark “Attack” in the Bahamas.
Shark watching is big business. It has grown substantially over the past several years. Florida has numerous shark feeding businesses; however Florida law does not allow chumming. The (JASA) had moved from Florida to the Bahamas allegedly to avoid the law.
Ignoring the issues of training sharks to associate food with boats and humans the articles have tackled numerous legal issues, some correctly, some incorrectly.
There has been an extensive debate over the civil legal issues in this case. However the accident occurred in the Bahamas with a non-US citizen so US law does not apply. Bahamian or the law of the release (if one was used) will probably control any litigation. Admiralty law may be the law applied to the case which although more generic by country is still not US law. For more information on jurisdiction and venue See: Pennsylvania court case highlights importance of where a business is located, Jurisdiction can affect the potential outcome of a case and Choice of Law and Venue — What Law Applies and Where? (Subscription Service)
Another raging debate is the fact that cage-less shark feeding is relatively a less risk sport. A group called Shark Savers, is defending the acts by saying that shark diving is safer than many other sports. However the sports they are comparing themselves too are unguided sports. There is a higher level of care or safety expected and received from a guided trip then from an unguided trip. That is why you hire a guide, to provide you with the knowledge, skills or safety from the risks that you do not have.
Shark Savers also states that “biking, swimming and boating” have significantly more injuries a year than shark feeding. This is probably correct. However the number of hours that people spend feeding sharks a year versus biking, swimming or boating does not make a fair comparison. If shark feeding had as many people spending as many hours feeding sharks as people riding bikes then the number of injuries would be significantly more. The website is comparing apples to oranges and skewing numbers to make the sport look safe.
There are some real issues however that can be educational. The JASA website is full of statements that would be difficult to support during any accident or could lead to liability in this case. The JASA statements include:
Three prominent statements telling possible guests that they will be safe. And yet someone died. Either the website is wrong, guilty of over promoting itself or this was a rare accident, which statistics show is not true.
On top of that is the fact JASA is a Florida based business. The website is quite clear that they are based in Florida and have a Bahamas operation. If you serve the business in Florida then Florida law may apply, absent a specific jurisdiction and venue clause in a release. Even if there is a release signed by any victim a complaint alleging negligence per se, because of the violation of the regulations may be successful in brining the defendant under Florida law.
Vail found not liable for negligent hiring or actions of a ski instructor
Posted: November 15, 2008 Filed under: Criminal Liability, Ski Area Leave a commentVail won a trial this past summer brought by the family of a client for negligent hiring. The basis of the claim was an employee of Vail, a ski instructor, took a 17 year old client back to his apartment and allegedly raped her. The ski instructor was found not guilty of rape in a criminal trial but was found guilty of contributing to the delinquency of a minor.
The instructor has an extensive DUI and misdemeanor record. However nothing indicated in his background a propensity for anything other than drinking and recreational drug use. The instructor had an impeccable work record as ski instructor.
For understanding the difference between a criminal act and a civil act see Same facts difference between civil and criminal cases, same reason for using the courts or Another Litigation versus Criminal example
This case, based on the reports helps explain the differences between a criminal act, which is solely the responsibility of the individual and a civil liability which can hold anyone liable for their acts if they are negligent.
At the same time, if you were basing your lawsuit on who caused the injury, wouldn’t you sue the ski instructor? You could transfer that anger to the employer, Vail, or you could sue the company because they have more money. Either way, holding Vail liable for the actions of any employee off work seems a little stress. Granted the ski instructor met the 17 year old client while on the job, but…..
2008 National Outdoor Book Awards Winners
Posted: November 13, 2008 Filed under: Uncategorized 1 Comment
National Outdoor Book Awards
http://www.noba-web.org/books08.htm
The National Outdoor Book Awards (NOBA) is a non-profit, educational program. It is not associated with any publisher or publishing interest. No more than two (2) NOBA releases are sent out per year on its email media list.
PRESS RELEASE
Winners of the 2008 National Outdoor Book Awards (NOBA) Announced
Color scans (print quality), an AP style MS Word copy of this release , complete reviews, and other supplementary art work (print or web resolutions) may be downloaded from http://www.noba-web.org/bookrel08.htm. For more information, contact Ron Watters (mailto:wattron@isu.edu)
Quick Summary of Winners. (Some categories have two winners – more details to follow).
- Natural History Literature. Winner. The American Chestnut by Susan Freinkel.
- Outdoor Literature. Winner. Forget Me Not: A Memoir by Jennifer Lowe-Anker.
- History/Biography. Winner. Grand Obsession by Elias Butler & Tom Myers.
- History/Biography. Winner. Fallen Giants by Maurice Isserman & Stewart Weaver.
- Classic Category. Winner. Through the Grand Canyon by Ellsworth L. Kolb.
- Classic Category. Winner. The Pacific Crest Trail by Thomas Winnett et. al.
- Children’s Category. Winner. The Pole by Eric Walters.
- Nature and Environment. Winner. The Last Polar Bear by Steven Kazlowski.
- Nature and Environment. Winner. The Great Lakes by Wayne Grady.
- Design and Artistic Merit. Winner. Surfboards by Guy Motil.
- Design and Artistic Merit. Winner. Bruce Aiken’s Grand Canyon by Susan Hallsten McGarry.
- Design and Artistic Merit. Honorable Mention. Soul of the Heights by Ed Cooper.
- Nature Guidebooks. Winner. Birds of Peru by Tomas S. Schulenberg, et. al.
- Outdoor Adventure Guidebook. Winner. Florida Keys Paddling Atlas by Bill & Mary Burnham.
- Instructional Category. Winner. Road Bike Maintenance by Guy Andrews.
- Instructional Category. Honorable Mention. Whitewater Kayaking by Ken Whiting & Kevin Varette.
General Press Release:
2008 NATIONAL OUTDOOR BOOK AWARD WINNERS ANNOUNCED
Pocatello, Idaho – A stubborn band of optimists who fought and refused to let the magnificent American chestnut tree slip into extinction. One man’s life-long obsession with hiking the hidden-away corners of the Grand Canyon. A young mother rebuilding her life after the death of her husband in a mountaineering accident.
These are some of the themes found among the winners of the 2008 National Outdoor Book Awards (NOBA).
“What a year it was,” said Ron Watters, professor emeritus at Idaho State University. “The writing in the outdoor field has always been good, but it just keeps getting better — and this year it was outstanding.” Watters is the chairman of the National Outdoor Book Awards, a non-profit program sponsored by the NOBA Foundation, Idaho State University and the Association of Outdoor Recreation and Education.
As an example of outstanding writing, Watters points to the winner of the Natural History category, American Chestnut: The Life, Death, and Rebirth of a Perfect Tree. Authored by nature writer Susan Freinkel, it tells the story of the American chestnut tree which at one time stretched in vast numbers from Georgia to Maine.
The American chestnut tree had long been a part of the landscape of eastern US, but in a short forty year time span, an estimated four billion trees were killed off by an imported blight fungus. Only a handful of trees remained in California and the Pacific Northwest. In an absorbing mix of natural and human history, Freinkel chronicles the century-long struggle by a few individuals who set out to save this American cultural icon.
A beautifully composed memoir won the Outdoor Literature category. Written by Jennifer Lowe-Anker, Forget Me Not: A Memoir tells of the struggle to rebuild her life after her husband and famous mountaineer, Alex Lowe dies on an expedition in the Himalayas. Remarkably candid, it’s a story of adventure, passion, and hope reborn.
The History-Biography Category has two winners. One is a new, exhaustively researched but eminently readable Fallen Giants: A History of Himalayan Mountaineering by By Maurice Isserman and Stewart Weaver.
The other is entitled Grand Obsession. Written by Elias Butler and Tom Myers, it is the biography of Harvey Butchart, an author of Grand Canyon hiking guidebooks. Butler and Myers do wonders with this book, taking what seems at first glance a prosaic subject, and fashioning it into a fascinating portrait of a man hopelessly addicted to a place.
Complete reviews of these and the other 2008 winners may be found at National Outdoor Book Award Web site at: www.noba-web.org.
Here is a list of winners.
- Natural History Literature. Winner. The American Chestnut: The Life, Death, and Rebirth of a Perfect Tree. By Susan Freinkel. University of California Press, Berekely. ISBN 9780520247307
- Outdoor Literature Category. Winner. Forget Me Not: A Memoir. By Jennifer Lowe-Anker. The Mountaineers Books, Seattle. ISBN 1594850828.
- History/Biography Category. Winner. Grand Obsession: Harvey Butchart and the Exploration of the Grand Canyon. By Elias Butler and Tom Myers. Puma Press, Flagstaff, AZ. ISBN 0970097344.
- History/Biography Category. Winner. Fallen Giants: A History of Himalayan Mountaineering from the Age of Empire to the Age of Extremes. By Maurice Isserman and Stewart Weaver. Yale University Press. New Haven. ISBN 9780300115017.
- Classic Category. Winner. Through the Grand Canyon from Wyoming to Mexico. By Ellsworth L. Kolb. Grand Canyon Association, Grand Canyon, AZ. (Originally published by MacMillan in 1914). ISBN 0938216961
- Classic Category. Winner. The Pacific Crest Trail (Series). In three volumes: Southern California, Northern California and Oregon &Washington. Authors include Thomas Winnett, Ben Schifrin, Jeffrey Schaffer, Ruby Johnson Jenkins, and Andy Selters. Wilderness Press, Berkeley. ISBN’s: 9780899973166, 9870899973173, 9780899973753.
- Children’s Category. Winner. The Pole. By Eric Walters. Puffin Canada/Penguin Group, Toronto. ISBN 9780143167914.
- Nature and the Environment. Winner. The Last Polar Bear: Facing the Truth of a Warming World. Photographs by Steven Kazlowski. Braided River Books, an imprint of The Mountaineers Books, Seattle. ISBN 9781594850592.
- Nature and the Environment. Winner. The Great Lakes: The Natural History of a Changing Region. By Wayne Grady. Greystone Books, Vancouver. ISBN 9781553651970.
- Design and Artistic Merit. Winner. Surfboards by Guy Motil. Falcon Guides, Guilford, CT. ISBN 9780762746217.
- Design and Artistic Merit. Winner. Bruce Aiken’s Grand Canyon: An Intimate Affair. Paintings by Bruce Aiken. Text by Susan Hallsten McGarry. Grand Canyon Association, Grand Canyon, AZ. ISBN 9780938216933
- Design and Artistic Merit. Honorable Mention. Soul of the Heights: 50 Years Going to the Mountains. Photographs and text by Ed Cooper. Falcon Guides, Guilford, CT. ISBN 9780762745272
- Nature Guidebooks. Winner. Birds of Peru. By Tomas S. Schulenberg, Douglas F. Stotz, Daniel F. Lane, John P. O’Neill, and Theodore A. Parker III. Princeton University Press, Princeton. ISBN 9780691049151.
- Outdoor Adventure Guidebook. Winner. Florida Keys Paddling Atlas. By Bill and Mary Burnham. Falcon Guides, Guilford, CT. ISBN 9780762738571.
- Instructional Category. Winner. Road Bike Maintenance. By Guy Andrews. Falcon Guides, Guilford, CT. ISBN 9780762747467.
- Instructional Category. Honorable Mention. Whitewater Kayaking: The Ultimate Guide. By Ken Whiting and Kevin Varette. Heliconia Press. Beachburg, Ontario. ISBN 9781896980300.
More information on the awards program is found on the National Outdoor Book Award website at: www.noba-web.org.
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Scouts retain right to exclusive use of trademark
Posted: November 11, 2008 Filed under: Uncategorized Leave a commentThe Boy Scouts of America sued a California man over the use of the word Scouts. The defendant had started an organization called YouthScouts. The judge in the case upheld the BSA claim stating the charter granted by Congress in 1916 gave exclusive right to the use of the word “Scout” to the BSA. Because the organization attempting to use the word was also a youth group there would be a significant likely hood of confusion.
The defendant had started a youth group which was using Scouting similarities when his daughter was not allowed to join the Boy Scouts of America and he was unsatisfied with the Girl Scouts of America.
The BSA right to use of the word was exclusive to the BSA because of their trademark of the word Scout. The word also has special meaning, as evidenced by the attempt of politicians who always want a Scout in uniform standing behind them on TV. Scout like in society today means industrious, honest and always there to help.
Many people may look at this as a big organization giving a small one a hard time. But besides the real issue of confusion, the law concerning trademarks requires that you defend you trademark or lose it. Most companies have spent thousands of not millions of dollars developing trademarks you must sue or lose your investment.
See Judge nixes use of ‘scouts’ for coed youth club
The 21st NERR Symposium
Posted: November 9, 2008 Filed under: Uncategorized 1 CommentSaturday, March 28th to Tuesday, March 31st, 2009
Now in its 21st year, the Northeastern Recreation Research (NERR) Symposium offers an unparalleled opportunity for individuals representing the governmental, educational and private sectors to share scientific knowledge, management experience and techniques; and positively influence the recreation management and tourism profession. Maintaining our tradition, this year’s meeting will take place once again at The Sagamore – a historic island resort located on west shore of Lake George in the Adirondack region of New York.
Abstracts: Abstracts for oral presentations or posters are welcome on the following topics:
* Natural resource management
* Historical/cultural resource management
* Emerging and existing trends
* Measurement and forecasting
* Travel and tourism
* Sustainable tourism
* Human dimensions
* Policy development and planning
* Management application
* Methodological & theoretical development
Abstracts should be submitted no later than Friday November 14th, 2008. All abstracts need to be submitted using the online abstract submission interface available at the conference website: www.esf.edu/nerr.
Abstracts should be 500 words or less and based on work that will be completed before the conference. Abstracts can be based on any type of data (e.g., surveys, experiments, content or historical analysis). Each abstract should provide a clear statement of the problem or objectives, give a brief description of the methods and substantive results, and end with a clear conclusion. Abstracts that describe proposed research are encouraged and will be reviewed and considered for inclusion in the poster session.
Roundtable Discussions: Once again the symposium will feature a series of Roundtable Discussions designed to get conference attendees together to share information, ideas, best practices, and research insights involving a current topic. Thus far, three Roundtable Discussion Sessions have been proposed for the 2009 conference:
* Sustainability & Climate Change – Kelly Bricker (Univ of Utah) & John Confer (California Univ of PA)
* Urban Recreation: Challenges & Initiatives – Dave Klenosky (Purdue Univ) & Lynne Westphal (USFS)
* Private Lands & Recreation Access – Walt Kuentzel (Univ of Vermont)
Additional Roundtable Discussion and Management Sessions can be suggested. Please submit ideas for these sessions using the online abstract submission interface available at the NERR website.
Conference Proceedings: Conference attendees will have the opportunity to submit a seven-page paper based on their presentation, poster, or roundtable discussion. These papers will be published in a Forest Service technical report that will be available online thru the NERR and FS websites.
Student Scholarships: Students are also encouraged to apply for conference scholarships (i.e., an award to cover the cost of conference registration) which are funded in part by Venture Publishing and a raffle held at the conference). Interested students (both undergraduate and graduate) should email a one-page letter (as an attached MS Word file) to the NERR Conference Chair that describes how their academic and professional interests will be enhanced by the Symposium. Along with that letter, applicants should include (as an attached MS Word file) a letter of recommendation from one faculty member. Requests for scholarships must be received by email no later than November 7, 2008. Students will be notified by email on January 5, 2009.
Thanks!
David B. Klenosky, Ph.D.
NERR 2009 Conference Chair
Department of Health & Kinesiology
Purdue University
West Lafayette, IN 47907-2046
(765) 494-0865
Email: klenosky@purdue.edu
Notice: Ski Binding Indemnification Program 08-09 Ski Season
Posted: November 8, 2008 Filed under: Skiing / Snow Boarding Leave a commentYou may have received the 2008-09 Ski Bindings Indemnification List recently, either in printed or electronic format (or both). VIST provided a list of the bindings they said would be covered under their program. Several people have indicated to me that they are not certain that the insurance that VIST says it has will protect U.S. shops. I have asked VIST to clarify this issue, but I have not heard back from them. As soon as I get additional information, I will let you know. Tom
Thomas B. Doyle, President
National Ski & Snowboard Retailers Association
1601 Feehanville Drive, Suite 300
Mt Prospect IL 60056
847.391.9825 (phone) 847.391.9827 (fax)
e-mail: tdoyle@nssra.com www.nssra.com
Betty van der Smissen
Posted: November 7, 2008 Filed under: Uncategorized 1 CommentBetty van der Smissen died early this morning. I’ve posted information about a research endowment in her name through the Association of Experiential Education and her funeral information below at Very Sad News about a Founder in Outdoor Recreation Law.
I met better 18 years ago at a conference. I had just read her three volume set of books, Legal Liability and Risk Management for Public and Private Entities. I had read them cover to cover because it was a treatise on the issues I was litigating. We were having a great discussion and I mentioned a reference in her book. As the discussion continued, she said “We’ll you said you’ve read my books, you know then there is a case with a one sentence release.” I was clueless. I guessed at a couple of cases and she would not tell me the answer. I then guessed Blide v. Rainier Mountaineering Inc. and she said I was right. I have no idea why I guessed Blide, but I am ever so thankful I did. However Betty also knew I was guessing.
I argued with her because I thought the release in Blide was more than one sentence. Again I got a professor statement, “look it up.” I still don’t agree with her on that point, but I value the lesson I learned. One of which was not to tackle a discussion with Betty unless you were well prepared!
I’ve never forgotten that case or Betty. We spent a lot of time together at conferences and on the telephone over the next 18 years. We argued passionately about several legal issues, the number one being standards. She felt it was necessary to have standards so people could have something to follow. I, from a litigation background believe standards are usually followed by the plaintiff’s to start litigation. I could make her get passionate about the issue, but we always enjoyed the arguments.
I asked her if she was ever going to move again when she recently moved to Arkansas. She said no, but mainly because she had run out of friends to help move her books. She had the library on recreation law. But she did not stop there. Her research and writing expanded into all aspects of outdoor and experiential education.
A couple of years ago I had misplaced Volume III of Legal Liability and Risk Management for Public and Private Entities. I was heartbroken more because I had lost a book of a good friend much more then losing a valuable book. A little more searching put all three volumes together again with great relief.
Each discussion, each conversation, each time I spent with her was educational and fantastic. Each discussion made me work hard and with a great big grin on my face because I knew she enjoyed the discussions also.
We shall all miss Betty. She was the first to look at the legal issues of recreating outside and the first to research the issue. She is leaving a big hole in my world which will not be filled. We owe her a big Thank You for her work, her dedication, her devotion to her students, her friends and her discipline
Blide V. Rainier Mountaineering, Inc., 636 P.2d 492, 30 Wn. App. 571 (1981). The one sentence release is “In consideration of, and as part payment for, the right to participate in such mountain trips or other activities and the services and food arranged for me by RMI I have and do hereby assume all the above mentioned risks and will hold them harmless from any and all liability, actions, causes of action, debts, claims, demands of every kind and nature whatsoever which may arise out of or in connection with my trip or participation in any activities arranged for me by RMI.” Although I still think the sentence following was instrumental in the court’s decision. J
Very Sad News about a Founder in Outdoor Recreation Law
Posted: November 7, 2008 Filed under: Uncategorized 1 Comment “It is with sadness that I report that Dr. Betty van der Smissen died this morning at 4:30 from cancer. She worked and was involved in the profession right up to the last week of her life. She has made huge contributions to the field and has touched the lives of many of you. If you would like to make a memorial gift in her honor, a research endowment in her name has been established through AEE (Association of Experiential Educators). I have attached the brochure for all those who may be interested.”
For more than 50 years, Dr. Betty van der Smissen has dedicated her professional life to excellence in research and programming in the out-of-doors and to the professional organizations related to the outdoors.
Selected Aspects:
- Her early experiences in outdoor programming were with church camps. She was an early member of Christian Camping International.
- She was the first research chair on the American Camp Association (ACA) national board and served as president. She conducted research on the ACA camp standards that resulted in the first major revision.
- She worked with the American Association for Health Physical Education & Dance (AAHPERD) outdoor programs beginning with the Council on Outdoor Education.
- She attended the second meeting, in St. Louis, of what became the Association for Experiential Education (AEE), served on AEE’s original bylaws committee, and assisted in the development of the AEE Accreditation Program.
- Her university leadership with outdoor programs has helped shape the development of outdoor research and programming.
- She was the first director of the outdoor field campus at the University of Iowa, where she conducted outdoor education programs.
- Worked with the Stone Valley Outdoor Education Center at Penn State and conducted two national symposia on outdoor research and evaluation.
- Directed more than 100 theses and dissertations related to outdoor topics.
- Worked closely with a Japanese doctoral student who became the national leader for outdoor education in Japan.
Dr. van der Smissen’s dedication to encouraging and supporting outdoor research has resulted in defining career paths for many professionals and enhanced programs and experiences for untold numbers of individuals.
To continue Dr. van der Smissen’s support of and to further research related to outdoor benefits, the AEE has created an endowment in her name:
van der Smissen Research Endowment
Quality outdoor programming that makes a difference in the lives of children and adults rests with our ability to assess and validate its benefits through research.
Grants will be awarded for areas of research involving:
- outdoor programming in adventure, challenge, and experiential programs
- organized camping
- environmental education
- legal aspects related to outdoor programming
Research selected will focus on:
- benefits and outcomes
- attitudes
- interests
- good practices
- experimental design of exemplary programs
Make a tax-deductible contribution to the AEE van der Smissen Research Endowment by completing the form below and returning it to:
AEE van der Smissen
Research Endowment
3775 Iris Avenue, Suite 4
Boulder, CO 803012043
- Honor the invaluable contributions Dr. van der Smissen has made to the profession over a lifetime.
- Emulate her belief in the importance of “giving back” professionally.
- Demonstrate your belief in the importance of quality outdoor programming to human development.
Please make checks payable to: Association for Experiential Education, indicating van der Smissen Research Endowment in the memo line.
Funeral Arrangements
Please pass on this information to anyone you think might like to know. Dr. van der Smissen’s viewing will be Sunday, November 9 from 5:00-7:00 pm, and funeral will be Monday, November 10 at 1:00, both at Moore’s Funeral Home, 206 W. Center St. in Fayetteville, AR. There will be a second service in Newton, Kansas where she will be buried on November 13.
For anyone who may be coming from out of town to Fayetteville, if you let me know, I can help you make hotel arrangements, etc. The best airports are XNA (Northwest Arkansas) or Tulsa, which is 2 hours and 15 minutes away. Thank you for your support and concern for Betty and her family. She will be missed by our profession.
Ski Resorts ban Burton Snowboards because of the Graphics
Posted: November 6, 2008 Filed under: Ski Area Leave a commentSeveral ski resorts have banned employees from using two different lines of Burton Snowboards while on the job. The Love line has a former Playboy model on it and the Primo line shows a cartoon character mutilating himself.
The resorts have the right to do this because they are a private organization/business and have the right to restrict service or what their employees wear. Similar to the requirement that an employer will require an employee to wear a specific uniform the employer has the right to tell an employee not to wear or in this case ride a specific board.
At present three eastern resorts and Vail Resorts 5 ski areas are banning the specific boards.
Several Ski and Snowboard shops are also not going to sell the controversial boards. Ski Shops Won’t Sell Controversial Snowboards
It is one way to get press for you company.
Recreation Law 