Saving yourself while sacrificing the rest of an industry. Is anyone going to buy you a drink for winning when you just made it easier to sue them?
Posted: December 31, 2014 Filed under: Ski Area, Skiing / Snow Boarding | Tags: Alta, Forest Service, Operation Plan, permit, skiing, Snowboard, United States Forest Service, US Forest Service, USFS, Utah, Winter Operation Plan Leave a commentIn the US Forest Service response to the lawsuit to open snowboarding at Alta, allegations were made by the USFS that are going to come back and haunt all other ski areas in states with weak skier safety statutes.
Alta is one of three ski areas that do not allow snowboarding. Deer Valley and Mad River Glen are the other two. Alta and the US Forest Service were sued last year by a group of snowboarders wanting to open Alta to snowboarding. The lawsuit was based on Federal constitutional law, and the legal arguments have little relevance here. Except the USFS defense to the lawsuit placed into the record some statements that can create havoc in lawsuits against other ski areas.
A ski area operating on USFS land must file an Operation Plan. If the resort is open year round the plan may have two plans, a Winter Operation Plan and a Summer Operation Plan. The USFS in referencing the Alta’s Winter Operation plan quotes it stating:
Additionally, the Operating Plan provides that Alta reserves the right to exclude those whose “skiing device” is deemed to create an “unnecessary risk,” causes “undue damage to the quality of the snow,” and “is not consistent with [Alta’s] business management decisions.”
In another section of the USFS motion they quote the plan as:
Alta Ski Area reserves the right to exclude any type of skiing device that they deem creates an unnecessary risk to other skiers and/or the user of the device, or any device that they deem causes undue damages to the quality of the snow, or is not consistent with their business management decisions.
So snowboards have been labeled by a ski area and the USFS as an “unnecessary risk.” That risk in the second paragraph applies to other skiers on the mountain and the user. Another issue I find almost comical is the argument that snowboarders have a blind spot.
First, snowboarders go down the mountain facing sideways, whereas skiers go down the mountain facing forward and directly downhill. ECF No. 2, ¶ 87. A snowboarder’s side-ways orientation creates a blind-spot that they must turn into; skiers do not turn into their blind spot.
But so do skiers, and walkers, and people on an inner tube going down the hill. The blind spot is directly behind your head (your eyes) were you can’t see. That blind spot is not based on what is on your feet, but is based on your orientation to the other people. A snowboarder going downhill has an identical blind spot to a skier crossing the hill. Neither can see behind them.
The issue is where a ski area can be sued for injuries of a skier; any injuries the skier alleges were caused by the snowboarder are going to be buttressed by the USFS motion and Alta’s Winter Operation Plan. Maybe even if injuries they do to themselves?
Are these issues critical to other ski areas? Hopefully not. However, they may be thrown up in other cases and can provide testimony that can influence a jury.
What do you think? Leave a comment.
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Victim statement in criminal Skier v. Skier collision is the bigger problem for the ski and outdoor industry
Posted: December 24, 2014 Filed under: Ski Area, Skier v. Skier | Tags: Alpine skiing, ski area, Ski Resort, skier collision, skier v. skier, skiing, Telluride Ski Resort, United States Forest Service Leave a commentVictim in court stated she was not aware that skiing was a dangerous sport.
This is a sad situation. A skier, possibly skiing to fast and/or out of control hit a beginner skier. Both suffered serious injuries. Both of them have had their life changed forever.
However that is not what caught my eye. At the sentencing hearing the victim made this statement.
“I never thought of skiing being a life-threatening sport,” Vitt [victim] said. “I could not have been more wrong.”
Granted it was probably a statement made in court to make a point, but it is very scary. It means that the skier missed the signs indicating skiing was a risk sport. Missed the back of their lift ticket or did not read their season pass. They never saw any of the reports of injuries or fatalities or they did not understand the risk when riding up the lift.
OR
We in the outdoor recreation industry are not doing a good job of informing guests of the risk.
Should We Do Something
Should we? Should we spend more time explaining the actual risks of skiing to clients?
See Punishment handed down in ski accident
What do you think? Leave a comment.
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AMGA Terrain and Supervision Guidelines? Making more rules does not make things safer. Rarely does that work, look at the laws concerning our highways and the highway deaths. Making more rules does lead to more lawsuits. Again, look at our highways.
Posted: December 5, 2014 Filed under: Mountaineering | Tags: American Mountain Guides Association, AMGA, Bureau of Land Management, Guidelines, IFMGA, International Federation of Mountain Guides Associations, Mountaineering, National Park Service, National Wilderness Preservation System, Terrain, UIAGM, United States Congress, United States Department of the Interior, United States Fish and Wildlife Service, United States Forest Service 8 CommentsThe latest actions of AMGA hit a lot of nerves and rightfully so. As usual, the lack of understanding and the desire to create something (not sure what) labeled standards are going to create lawsuits. The new Terrain & Supervision Guidelines won’t solve any problems; they’ll only create new ones.
I’ve attached the new requirements here below, so you can review them yourself. If not, you can download your own set here: Terrain & Supervision Guidelines. I’m not sure why the AMGA has created the new requirements. I’ve been told it is a money thing, I’ve been told it is a safety thing, I’ve been told it is a back door into trying to get permits on NPS lands; I have no real idea. I do know it won’t accomplish any of those goals. I did not contact the AMGA to find out what or why.
Attorneys love to deal in fuzzy it gives them latitude to litigate. The only time they don’t like fuzzy is when something is solid and proves their case without having to work very hard. The new Terrain & Supervision Guidelines are the classic sharp line to help prove the defendant was wrong and everything else is fuzzy so no one really knows how to help the defendant.
Let me reminisce.
I quit providing pro bono legal work to the AMGA over fifteen years ago when another attorney said he could get the AMGA into national parks. I told the AMGA that would never happen. I moved on. Fifteen years later and at least two attorneys failing to pull AMGA guides into parks, the AMGA might be going around to the back door believing the back door will open.
Back doors meaning the NPS employees in individual parks who lead the rescues have to deal with the current concessionaires; who they don’t like (familiarity breed’s contempt). It is always easier to like someone who is sucking up in the belief; you can get them in a park to guide.
The problem is the door is not at any park; the door is in Washington DC no matter what the AMGA wants to believe. It doesn’t start at 1849 C St NW, Washington, DC 20240, the Department of the Interior address, either, but at Congress. Congress made the laws the NPS, and the USFS are enforcing on commercial guides on Federal lands. Until the AMGA can raise millions, probably $10 million dollars to lobby Congress, nothing will even look like it is going to change. And I suspect that the $10 million is not enough because the current companies that own permits and concessions will lobby against it, and they are bigger. Remember the big hotel concessions in the parks also run raft trips, trail rides and work with climbing guides.
However, I’ve also been told that the AMGA has backed off from the position that AMGA guides should be allowed to guide in National Parks.
I have found some legal disasters in the new Terrain & Supervision Guidelines.
The guidelines won’t apply to staff hired prior to 2008. An arbitrary number I guess, or probably the number when the last member of the committee became certified and was hired. I sat through board meetings when the first date of guides to be grandfathered under the UIAGM was determined. It was ugly, funny and basically a turf war. Trial attorneys will tear this up. (How come Guide X made it and Guide Y did not. Guide Y has thousands of year’s more recent experience, and Guide X has not been on a mountain since 08?)
The guidelines require that everything has to be documented “in the guide’s personnel file.” Thank heavens the AMGA has reviewed all HR laws in the US and knows this will not create problems. If personal files are paper, then you better get accordion files. To back this up, you’ll have to collect all the information supporting the requirements in the guidelines first, and then add the review of the supervising guides and the evaluations. Weather conditions, snow conditions, terrain maps, route maps, etc., can take a lot of space in a file folder.
My favorite rule is one that requires a guide who has not made the qualifications yet, must be under the direct supervision of a guide who has met the qualifications. Unless the guide, who has met the qualifications, has to take guests down the mountain, then the two guides can be in radio contact. The rules allow the least experienced guide to remain up high, alone.
Direct Supervision: Direct supervision implies side by side guiding such as two rope teams traveling near by on a glacier or on nearby multi-pitch routes, daily briefings and debriefings about route selection, strategy, and client care. Side by side guiding and meetings should be documented in the guide’s personnel file. It is the supervising guide’s responsibility to ensure that assigned tasks are appropriate to a guide’s training and ability. It is allowable for the mentored guide to be in radio or phone contact when turning around with clients to descend.
What if the guide who has been certified, leaves to summit with a group of clients, can the one who hasn’t been certified stay with the clients who don’t/can’t summit. They’ll be in radio contact?
So you make a rule, then you make an exception to the rule. On Denali in a few years, this will be a disaster. The new concession requirements for climbing concessions are going to reduce the number of guides with a commercial group. Rescues will be done without commercial guides because a guide won’t be able to leave the group and work the rescue with these guidelines. (Rescues in the future on Denali are going to be a mess with the latest version of the commercial rules anyway, that is a whole other article.)
The languages of the guidelines are full of legal land mines. Here are some of my favorites.
…who are appropriately trained, tenured or certified
It is the supervising guide’s responsibility to ensure that assigned tasks are appropriate to a guide’s training and ability.
Certified supervisors
…is not of wilderness in nature
My favorite are the terms applied to different people.
Apprentice Guide
Assistant Guide
Aspirant Mountain Guide
Certified Guide
So does that mean you are a patrol leader or a star scout? More importantly do you get a badge?
Here are some more phrases that seem innocuous but don’t make sense.
The stated goal of the new accreditation standard is to have all field staff, except those meeting the 2008 exemption, be trained by the AMGA for the terrain they work on.
So guides who met the requirements prior to 2008 cannot have a lick of training, sense or experience now and not be up to date on the requirements.
How is this going to happen? So I have a concession to guide on Denali. Am I supposed to bring you on one of my trips to tell me that you can train me on this terrain? What about the NPS on this issue and their current regulations. I guess you can come, go sign up and pay the fee, and I’ll take you where I am permitted to go.
AMGA courses are considered the baseline technical training for specific terrain types and are not a substitute for in-house training.
Yet above, they said this is the best you can get? What is this going to mean in court? The AMGA is just the baseline, yet the states the IFMGA (UIAGM) are now the baseline.
(The IFMGA (UIAGM) was founded to allow guides in Europe to guide everywhere and is the International Organization the AMGA must follow.)
I doubt that this has been run by the IFMGA (UIAGM).
Do Something
What’s going to happen? The big concessionaire members of the AMGA are either going to leave and financially sink the AMGA or revolt. No one will be happy either way. They don’t need greater chances of being sued. People die on mountains, and I would guess these new guidelines are not going to change that. They know the terrain and have in place, with NPS approval a way of guiding customers and training staff.
I have not taken the time to compare these guidelines with current NPS regulations for various mountains. I suspect there may be some conflicts. What is a concessionaire supposed to do, not follow the NPS and lose their permit or not follow these. Let’s see I pay money to the AMGA I make money with my NPS permit. Who am I going to follow?
These guidelines, like all standards for people, will only create a checklist for the attorney representing an injured client to sue. The guidelines will be taken and incorporated in interrogatories about each member of the guiding team. One misstep on the mountain or in discovery and these guidelines will change the lawsuit from what we can defend to how much we have to pay.
Don’t get me wrong. The American Mountain Guides Association has some of the greatest people I know as members and as an organization has accomplished tons. However, it is faced with an impossible job with no money to accomplish the job: the promise the AMGA made to the IFMGA in 1993 is never going to come through.
However, making standards, guidelines for people do not stop lawsuits; they only help the plaintiff’s win lawsuits.
Click on the link to download your own copy of the Terrain & Supervision Guidelines.
See the following articles where association guidelines were used to sue the association member:
ACA Standards are used by Expert for the Plaintiff in a lawsuit against a Camp http://rec-law.us/zmKgoi
Great article about the risks of an organization creating standards for members of the industry – and I did not write it http://rec-law.us/1rk8oHR
If your organization says you do something and you are a member of the organization you better do it or be able to explain why you did not http://rec-law.us/1gOLpju
Expert Witness Report: ACA “Standards” are used by Expert for the Plaintiff in a lawsuit against a Camp http://rec-law.us/y7QlJ3
Industry standards are proof of gross negligence and keep defendant in lawsuit even with good release http://rec-law.us/1dqBdxo
Plaintiff uses standards of ACCT to cost defendant $4.7 million http://rec-law.us/11UdbEn
So if you write standards, you can, then use them to make money when someone sues your competitors http://rec-law.us/1gCGce8
Trade Association Standards sink a Summer Camp when plaintiff uses them to prove Camp was negligent http://rec-law.us/wszt7N
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Federal Interagency annual pass opens the gate to more than 2,000 recreation areas
Posted: July 4, 2014 Filed under: Uncategorized | Tags: Bureau of Land Management, July, National Park Service, Petroglyph National Monument, United States Fish and Wildlife Service, United States Forest Service, x, y, Yellowstone, z Leave a comment![]() |
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Celebrate Independence in the great outdoors
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Dear Park Enthusiast – This summer, why not flex your independence by experiencing all the treasures your national parks and wildlife areas have to offer, with the convenient annual Interagency pass?Buy the Interagency pass now and start using it this weekend**. For a single, one-time fee, you get a full year of access to more than 2,000 Federal recreation sites across the country managed by: • National Park Service Imagine hiking through a pristine meadow in Yellowstone, or visiting historic Gettysburg where President Lincoln delivered his famous address. Take your family to see designs and symbols carved onto volcanic rocks 700 years ago at Petroglyph National Monument. Visit just two or three recreation areas in the next 12 months and your Interagency pass will have paid for itself! Learn more online. If you have questions, call our Customer Service Representatives at |
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Best wishes and Happy 4th of July – Kinsail Corporation Authorized Vendor of the National Parks / Interagency Annual Pass 1420 Beverly Road Suite 150 McLean VA 22101 P: (703) 994-4194 F: (518) 615-8422 service* If you buy your annual Interagency pass now (between today and July 31), it’s valid through July 31, 2015. ** If you request expedited shipping. |
Colorado Outdoor Recreation Resource Partnership meeting Friday: Confluence of Oil & Gas Development and Recreation
Posted: June 19, 2014 Filed under: Uncategorized | Tags: Bureau of Land Management, Colorado, Colorado Outdoor Recreation Resource Partnership, CORRP, Denver, Oil & Gas, Outdoor recreation, Recreation, United States Forest Service Leave a comment
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Submit Your Photos: 2014 Share the Experience Contest America’s federal lands, national parks, forests, waterways and historical sites
Posted: May 13, 2014 Filed under: Uncategorized | Tags: Bureau of Land Management, Federal lands, National Park Service, Outdoor recreation, United States Bureau of Reclamation, United States Fish and Wildlife Service, United States Forest Service, x, y, z Leave a comment
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What is the basis for the snowboarder’s lawsuit against ALTA & the USFS? Number 1 question I’ve been asked the last 2 weeks, so I asked
Posted: February 13, 2014 Filed under: Ski Area, Skiing / Snow Boarding, Utah | Tags: Alta, Alta Ski Area, Attorney, Equal Protection Clause, Federal Civil Rights, Forest Service, Jonathan R. Schofield, Parr Brown Gee & Loveless, Ski Resort, Snowboard, Snowboarders, United States Forest Service, USFS, Wasatch Equity Leave a commentI met the attorney representing the four snowboarders and two of the plaintiff’s in their suit to open ALTA to snowboarding. They are committed and not just 20 something losers in Colorado to check out the lawns…..
Here was the statement on how and why I got from their attorney Jonathan R. Schofield.
Although Alta was one of the first resorts to allow snowboarding, Alta began banning snowboarders from its public land in the 1980s with the approval of the U.S. Forest Service. Meanwhile, Alta invites “skiers” of all ages and ability levels on this same land regardless of, among other things, the size, shape, or type of “ski” actually used. For instance, a variety of skis, mono-skis, and even tele-boards are all allowed at Alta, even though they are nearly identical to snowboards in many respects. On its face, Alta’s no-snowboarding policy treats snowboarders differently than skiers by excluding snowboarders from equal access to public land.
The Constitution guarantees fairness of the laws, and the Equal Protection Clause of the Fourteenth Amendment guarantees that similarly-situated persons will be treated alike unless governmental discrimination is, at a minimum, rationally related to a legitimate interest. Because Alta operates under a government permit on public land and the Forest Service approves Alta’s actions, Alta and the Forest Service are government actors and their conduct must be lawful under the Equal Protection Clause. Arguably, Alta has a legitimate interest in safely and effectively operating a ski resort under its permit. However, as alleged in the lawsuit, there is no rational relationship between Alta’s snowboarding ban and Alta’s interest in operating its resort. The lawsuit further alleges that the reasons offered to justify the snowboarding ban are mere pretext for animus (dislike) of the type of people believed to be “snowboarders.” Animus is inherently irrational and can never justify governmental discrimination.
The lawsuit is available in its entirety by clicking here.
If you want to stay on top of the suit, the group has a non-profit called Wasatch Equality, with a website here.
I don’t know if they are going to win, but I bought a t-shirt. J
What do you think? Leave a comment.
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If a tree falls in the woods, is there someone around to start a lawsuit?
Posted: June 11, 2013 Filed under: Oregon | Tags: Biology, Branch, Falling, Forest, Jack London, Lawsuit, Oregon, Tree, United States Forest Service, US Forest Service 1 CommentIt’s the woods, where do you think, you are?

English: Kalmiopsis Wilderness in the Rogue River-Siskiyou National Forest of southwest Oregon. (Photo credit: Wikipedia)
Another person has filed a lawsuit claiming injuries from a tree that fell on them. In this case, the person was driving through the Rogue River National Forest when a tree fell and hit his truck.
He is suing the US Forest Service and a lumber company that was supposed to cut the tree down. By failing to cut the tree down, the USFS and lumber company are allegedly liable.
Trees fall over. If you don’t want to get hit by a tree, stay out of the woods.
Jack London wrote about trees falling in the woods, and I suspect that trees have been falling a lot longer than that, and they will continue to fall in the future. When a tall thing no longer has support, it falls over. If you don’t believe this, go to any bar where tall people drink excessively.
Please fight this one and do not settle. Unless the US Forest service and the lumber company fight this lawsuit, eventually the woods will be closed or woods will be a field. The government does not like paying out money, and it will be easy to close anyplace that has any commercial activity in it rather than deal with idiots who claim the government should have made the place safe.
See Oregon man sues over tree that fell and hurt him.
What do you think? Leave a comment.
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Amazing Off Road Maps on your phone….even with no bars!
Posted: May 2, 2013 Filed under: Colorado | Tags: App, Colorado, Colorado Parks and Wildlife, Geospatial PDF, Global Mapper, Global Positioning System, Google Maps, Maps, MVUM, Off Road, Stay the Trail, Stay the Trail Colorado, United States Forest Service, United States National Forest, US Forest Service, UTM 1 CommentStay the Trail Colorado did a great job with these!
Check Out New Smart MVUM Maps for Colorado National Forests!
Stay the Trail Colorado provides a central webpage where the public, organizations and agencies can download all US Forest Service Motor Vehicle Use Maps (MVUM) for National Forests and Grasslands located in Colorado. These maps are kept up to date as the US Forest Service updates their maps. Funding for this effort is provided by Colorado Parks and Wildlife in the form of grant funding that comes from registration of OHVs in Colorado. Stay the Trail and Great Outdoors Consultants have made the MVUMs “smarter” by making sure they all have geospatial information (the map knows where it’s located in the World) and by providing them in multiple formats. Smart MVUMs are provided in the following formats.
Geospatial PDF Files
Some National Forests are publishing PDF versions of MVUMs that are already geospatial which means that you can see map coordinates in Acrobat Reader using the geospatial location tool (found in the analysis toolbar/ menu). These maps can also be imported into some mapping programs such as Global Mapper. MVUMs that did not have geospatial information were processed to add geospatial information using Global Mapper software. All PDF MVUMs were exported in the following coordinate system: UTM – Zone 13 North – NAD1983 – meters
http://www.avenza.com/pdf-maps
Geospatial PDFs can also be used on Apple and Android smart phones/tablets using Avenza’s free application call PDF Maps. After the PDF MVUM is downloaded on the mobile device, cellular coverage is not needed to use it. This application shows the current GPS location of the user on the map and allows them to perform some basic GPS recording tasks! The application allows you to show the location of geotagged photos you’ve taken with your mobile device right on the MVUM map. PDF Maps has an online map store that allows users of the app to find MVUMs by name or their current location! This app is being used to distribute free maps for the National Park Service, USGS Topo maps and other free maps. The store also allows for sale of commercial maps such as National Geographic maps. All MVUMs found on the Stay the Trail webpage are now also available through the Avenza map store for free!
1. Go to “App Store”, search for “PDF Maps” and install
2. Open “PDF Maps”, select “Store” function from the lower bar
3. Select the search function in top right corner.
4. Search for “Stay The Trail” or “MVUM” or a Ranger District, select from the pins that appear
5. Use the “Free” button to download to the phone.
6. Downloaded maps show up in the “Maps” list on the lower left
7. Select appropriate map for the district’s trails you will be using. Your location appears using GPS sensor.
Note: The android version of the PDF Maps app is a beta version and is not currently linked to the Avenza map store. Maps can be loaded in the Android version by linking to the Stay the Trail webpage MVUMs, by emailing the PDF file or a link to it.
Weblinks:
http://staythetrail.org/mvum/index.php – All Colorado PDF MVUMs on one webpage
http://www.avenza.com/pdf-maps – information about the application
http://www.pdf-maps.com/get-maps – search for Colorado MVUMs on your computer – preview only
Google Earth Files
Geospatial PDF MVUM files were rasterized in Global Mapper software and then clipped to the map frame (excluded the legend). The rasterized MVUM files were then exported to Google Earth .kmz files. These files can be loaded into Google Earth desktop and mobile applications. To load a .kmz file on your mobile device, email yourself the appropriate .kmz file or a link to the .kmz file on the Stay the Trail webpage. Google Earth mobile will show your current location on the MVUMs. MVUMs in this format allow the user to load adjacent MVUMs and look at them in 3D. Google Earth also allows the user to add other vector data on top of the MVUM such as trails or other data they have. A brief description of the MVUM file and a link to the Stay the Trail webpage are included in the .kmz files so the user can access the legend and other information that has been removed from the .kmz version of the MVUMs. All Google Earth MVUMs were exported in the following coordinate system: Latitude-Longitude – WGS84 – decimal degrees.
Weblink:
http://www.staythetrail.org/mvum/kmz/ – All Colorado Google Earth MVUMs on one webpage
Geotiff Files
Geospatial PDF MVUM files were rasterized in Global Mapper software and then clipped to the map frame (excluded the legend). The rasterized MVUM files were then exported to geotiff (.tif) files. Geotiffs are raster files that include geospatial information. These files can be loaded into Arcmap, Global Mapper, Terrasync, Arcpad and other GIS/GPS programs. They can also be loaded into Avenza PDF Maps mobile application! MVUMs in this format allow the user to load adjacent MVUMs and look at them side-by-side. GIS programs allow the user to add other vector data on top of the MVUM such as trails or other data. A brief description of the MVUM file and a link to the Stay the Trail webpage are included as text files so the user can access the legend and other information that has been removed from the .tif version of the MVUMs. All geotiff MVUMs were exported in the following coordinate system: UTM – Zone 13 North – NAD1983 – meters.
Weblink:
http://www.staythetrail.org/mvum/geotiff/ – All Colorado Geotiff MVUMs on one webpage
Check these and to make sure you know where you are and where you should not be when off road in Colorado.
What do you think? Leave a comment.
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Copyright 2013 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
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By Recreation Law Rec-law@recreation-law.com James H. Moss #Authorrank
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GetOutdoorsColorado.org
Posted: April 30, 2013 Filed under: Colorado | Tags: Colorado, Colorado Parks & Recreation Association, Denver Botanic Gardens, Earth Day, Outdoor recreation, Parks and Recreation, United States Forest Service, Wildlife Leave a commentSPRING INTO THE OUTDOORS WITH GetOutdoorsColorado.org
Have you ever wanted to go for a hike, a bike ride, or try a new outdoor activity, but you weren’t sure where to go? In celebration of Earth Day, the Colorado Parks & Recreation Association and Get Outdoors Colorado are launched a new website called GetOutdoorsColorado.org to give people thousands of opportunities to explore and experience Colorado.
The new website is an online springboard to all activities and events outdoors in Colorado. GetOutdoorsColorado.org is free for organizations that provide outdoor events and experiences to post and share activities and programs. The website is free for the public to search activities and to create a customized membership for outdoor interests.
GetOutdoorsColorado.org is a Colorado-specific launch pad for people looking for new recreation, educational and stewardship opportunities. Activities and programs can be queried by
activity type, geographic location, date or organization. Members can post photos and videos of their adventures and even receive email reminders of activities. The website also offers a children’s resource section that features games, trail maps, outdoor myths and outdoor facts.
The interactive website is an outcome of a years’ worth of collaboration between US Forest Service, Colorado Parks and Wildlife, GP Red, Colorado Alliance for Environmental Education, Colorado Kids Outdoors, The Denver Botanic Gardens, The Colorado Parks and Recreation Association and many others. GetOutdoorsColorado.org has more than 80 partners posting activities in 25 different categories throughout 20 counties across the state. The website is also fully integrated on social media platforms to allow for greater connectivity statewide.
“The website is a great resource. It helps us showcase our events and programs to the public in a collaborative and accessible way, in addition to connecting us to a diverse partner network,” said Karl Brummert, Executive Director of the Audubon Society of Greater Denver.
Get Outdoors Colorado is made up of various federal, state and local agencies, nonprofits and for-profit companies that are dedicated to connecting children and families to nature and healthy, active, outdoor lifestyles.
“GetOutDoorsColorado.org is a unique resource for people searching for recreation opportunities across Colorado. With a wide range of partners including parks and recreation agencies, nonprofits as well as tourism organizations, there is an activity for everyone. The website has the ability to search for an activity by type and date in any area of Colorado and allows people anywhere in the state to find something close to home or close to where they are vacationing. It truly is a great way to find your next outdoor adventure,” said Cathy Metz, President of the Colorado Parks and Recreation Association and Director of Parks and Recreation for the City of Durango.
Log on and create an account during the week of April 22 to personalize your GetOutdoorsColorado.org experience and spring into the outdoors this Earth Day!
Exhibitor Regestration is Open for National Get Outdoors Day
Posted: February 28, 2013 Filed under: Colorado | Tags: Colorado, Denver, Denver City Park, National Get Outdoors Day, NGOD, United States Forest Service Leave a comment
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Final Colorado Roadless Rule
Posted: July 13, 2012 Filed under: Uncategorized | Tags: Colorado, Colorado Roadless Rule, Federal Register, Roadless area conservation, Roadless Rules, United States Forest Service, US Forest Service Leave a commentThe final rule and record of decision (ROD) for managing Colorado
Roadless Areas has been published in the Federal Registeron July 3, 2012. The Colorado Roadless Rule became effective at the time of publication in the Federal Register.
The final rule, ROD and related documents are available through our website at http://www.fs.usda.gov/goto/coroadlessrule. Please note the Final Rule Documents link on the left of the homepage.

Volunteer! Adopt-A-Trail: Straight Creek, Summit County this Sunday
Posted: June 22, 2012 Filed under: Camping | Tags: Adaopt-A-Trail, Colorado, Dillon, Environment, Straight Creek Trail, Summit County, Trail, United States Forest Service, USFS, Volunteer Leave a comment
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“Sportsmen” bill working through congress would allow ATVs in Wilderness
Posted: May 30, 2012 Filed under: Uncategorized | Tags: All Terrain Vehicle, ATV, Congressional Research Service, Environment, Library of Congress, National Park Service, United States Forest Service, Wilderness, Wilderness Act Leave a commentATVsComing to Your Favorite Wilderness Area
May 29, 2012
The misleadingly-named “Sportsmen’s Heritage Act” has wilderness-busting
provisions that could be coming to any and all of America’s wilderness
areas.
“It’s possibly the biggest threat to this nation’s wilderness areas since
the Wilderness Act was passed in 1964,” says Tom Martin, Co-Director of
River Runners for Wilderness, “even long time wilderness defenders who
thought they’d seen it all are shocked.”
HR4089 is a combination of 4 previous bills. Although there are many
debatable elements, the worst allows what were previously illegal activities
to now occur in all areas managed as wilderness under the National Park
Service, the Forest Service, and all of the nation’s Federal land agencies.
Among activities that could be allowed are ATV use, new road construction,
mining, logging and the construction of fixed structures. In fact, the most
dangerous element of this bill is that it gives managers a blank check to
allow any activities they construe as beneficial to sportsmen.
The bill has passed the House of Representatives and a Senate Companion Bill
S2066 has been introduced with supporters such as the National Rifle
Association and sports industry groups urging a quick passage.
The Congressional Research Service (CRS), a branch of the Library of
Congress that provides in depth analysis to members of Congress and others,
outlined the threats in a recent review of the proposal. The CRS noted that
the bill’s “..language could be construed as opening wilderness areas to
virtually any activity related to hunting and fishing, even if otherwise
inconsistent with wilderness values. Despite the Wilderness Act’s explicit
ban on temporary and permanent roads, if H.R. 4089 were passed, roads
arguably could be constructed in wilderness areas.”
The report also noted that “.while it appears that timber harvest could be
allowed, it would seem difficult to harvest timber without roads or
machines.”
The entire CRS’ brief (4 page) memo is on the River Runners for Wilderness
website at http://rrfw.org/sites/default/files/CRSreport.pdf
The wilderness destroying language in this bill could easily be omitted
before final passage and we urge you to take action to insist that this is
done:
Contact your state’s Senators and ask that they not support S2066 and to
protect all provisions of The Wilderness Act.
You are also encouraged to contact lobbying supporters of HR4089 & S2066,
such as the National Rifle Association at their website, particularly if you
are a member: https://www.nraila.org/secure/contact-us.aspx and let them
know that you support the Wilderness Act as written.
You are also encouraged to write a letter to the editor of your local
newspaper. National media has largely ignored these bills and you could be
instrumental in raising awareness of the threat.
To learn more about the threats posed by this legislation, visit:
Wilderness Watch’s analysis:
http://www.wildernesswatch.org/pdf/HR%204089%20Analysis–WW.pdf.
Other advocacy group sites:
http://wilderness.org/content/sneak-attack-wilderness and
http://conservationlands.org/time-to-stop-hr-4089-in-its-tracks.
Surveys show that wilderness enjoys very broad support by our country’s
citizens and should be protected. River Runners for Wilderness will keep you
apprised of this looming disaster for our country’s precious wilderness
lands.
__._,_.___
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Skier claims resort liable for boundary rope, in place to prevent collisions, which she collided with…..
Posted: January 23, 2012 Filed under: New Mexico, Ski Area | Tags: New Mexico, Ski Patrol, Ski Safety Act, Summary judgment, Taos Ski Valley, Taos Ski Valley New Mexico, United States, United States Forest Service 1 CommentKidd v. Taos Ski Valley, Inc., 88 F.3d 848; 1996 U.S. App. LEXIS 16060; 34 Fed. R. Serv. 3d (Callaghan) 1440
Black and Yellow line (bumblebee) held up with bamboo poles with orange fluorescent flagging is hard to see
The plaintiff in this case suffered a broken back, ribs, hip and pelvis after hitting a rope used to direct traffic at Taos Ski Valley, Inc (referred to as TSV by the court). The plaintiff was an experienced skier, and the rope had been in place for twelve years.
The plaintiff sued for:
…failing to properly mark, warn and/or correct a dangerous hazard created by the suspension of the rope between two poles; TSV had acted with wanton or gross negligence in maintaining the unmarked rope and she was, accordingly, entitled to punitive damages; TSV breached it contractual obligations under a special use permit with the United States under which she was a third party beneficiary; and TSV’s installation of the rope created an inherently dangerous condition, thereby imposing the duty of highest care on TSV….
Taos moved to dismiss three of the claims with a motion based on a failure to state a claim. That is a motion that argues based on the allegations of the plaintiff’s complaint, there is no legal liability on the part of the defendants. The plaintiff has failed to state a legal claim that the defendant can be held liable for. Two of those claims were dismissed.
The ski area then filed a motion for summary judgment, which dismissed the remaining claims of the plaintiff based on the New Mexico Ski Safety Act, N.M. Stat. Ann. §§ 24-15-1, et seq.
So?
The plaintiff appealed the dismissal of her case. The first basis of her appeal was based on the NM Ski Safety Act. The act provides that:
…every ski area operator shall have the following duties with respect to the operation of a skiing area: . . . to warn of or correct particular hazards or dangers known to the operator where feasible to do so….
She argued that the installation of the rope created a hazard which the ski area did not warn her about.
The court agreed with the ski area and held that even if the rope was a hazard, it was not feasible to correct the hazard and thus, under the statute, not a hazard the ski area needed to warn the plaintiff about.
The plaintiff then argued the ski area breached its duty because it did not mark its trails with the appropriate signage.
Section 24-15-7(C) provides:
Every ski operator shall have the following duties with respect to the operation of a skiing area:
* * *
to mark conspicuously the top or entrance to each slope, trail or area with the appropriate symbol for its relative degree of difficulty; and those slopes, trails or areas marked at the top or entrance with the appropriate symbols as established or approved by the national ski area association . . . .
The plaintiff’s expert witness opined that three ropes would be better and easier to see. However, the court found the expert’s opinion to be speculation and not persuasive. (Personally, three ropes create a real barrier. Think skiing into a fence rather than one line.)
The plaintiff’s next argument procedural in nature. Normally, I leave procedural issues out of this reviews, however this one might be good to know. The plaintiff wanted to depose the resort’s Chief Groomer and the Assistant head of the Ski Patrol. The resort filed a motion for a protective order which prevented the plaintiff from deposing these employees.
The appellate court held that since one of the senior employees of the resort was the responsible person, to who both subordinate employees ultimately reported, there was no need to depose the two employees. The Ski Area General Manager testified that he had the ultimate responsibility for marking the resort, which was enough for the court to prevent additional discovery.
The final issue not covered by the New Mexico Ski Safety Act is the plaintiff’s claim that based on the Special Use Permit issued by the US Forest Service to the ski area, she was a third party beneficiary, and permit/contract was breached.
This argument was rejected because the language of the New Mexico Ski Safety Act language indicated that the provisions within the act were to be the only remedy available to injured skiers.
The language of the statute indicates that the legislature intended the Act as the sole remedy for skiers. The Act states that ‘unless a ski operator is in violation of the Ski Safety Act, with respect to the skiing area . . ., and the violation is a proximate cause of the injury complained of, no action shall lie against such ski area, operator by any skier [or his representative].
As the sole remedy, the arguments of the plaintiff did not give rise to a claim.
So Now What?
This is a classic “damned if you do and damned if you don’t” situation for a defendant. If you don’t put up the rope, skiers are going to collide, causing injuries. If you do put up the rope, a skier may hit the rope. This is the balance test that a business must do in the US. To quote a sixties TV show turned into a 1980’s movie “In any case, were I to invoke logic, logic clearly dictates that the needs of the many outweigh the needs of the few.”
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2012 Recreation Law (720) Edit Law
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
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#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, #Taos, Taos Ski Valley, Skiing, #NM, New Mexico, #NSAA, National Ski Area Association,
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Safety First Mantra Highlighted At Colorado Ski Resorts
Posted: January 13, 2012 Filed under: Ski Area, Skiing / Snow Boarding | Tags: Arapahoe Basin, Aspen Highlands, CSCUSA, National Ski Patrol, Ski, Ski Resort, skiing, Terrain park, United States Forest Service, Winter sport 2 CommentsSafety First Mantra Highlighted At Colorado Ski Resorts
Safety Week Features Knowing the Code Giveaways, Safety Events, and Artistic Showcases
Colorado Ski Country USA (CSCUSA) and its 22 member resorts, in conjunction with the National Ski Areas Association (NSAA), have teamed up to promote National Safety Awareness Week, which begins tomorrow, January 14, and runs through January 21.
With fresh snow on the mountains from the past week, CSCUSA member resorts across the state will host events, clinics and other activities designed to educate and remind skiers and riders of the importance of slope safety. These programs, promotions and prizes motivate safe skiing and riding behavior, and highlight the Skier Responsibility Code and various resort safety measures.
“This week reinforces the value of safety that our member resorts prioritize for our consumers,” said Melanie Mills, CSCUSA president and CEO. “Guest safety is number one at our resorts and this week is an excellent chance to refresh awareness about skiing and snowboarding responsibly, which is the best way for everyone to enjoy a day on the slopes.”
For CSCUSA member resorts, every week is safety week as resorts have safety measures in place permanently during the season. Examples of how resorts raise awareness about safety include providing information about snow safety and avalanches, educating guests about helmet use, posting reminders about proper hydration and sunscreen use, and designating slow skiing zones.
Ultimately, it is the responsible behavior of skiers and riders that make the slopes safe. Knowing the nationally recognized Your Responsibility Code is crucial to skier and rider responsibility. Referred to simply as The Code, it is comprised of seven principles that collectively outline on-mountain skier etiquette and safe skiing practices.
Responsibilities within The Code include:
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Always stay in control, and be able to stop or avoid other people or objects.
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People ahead of you have the right of way. It is your responsibility to avoid them.
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You must not stop where you obstruct a trail, or are not visible from above.
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Whenever starting downhill or merging into a trail, look uphill and yield to others.
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Always use devices to help prevent runaway equipment.
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Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
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Prior to using any lift, you must have the knowledge and ability to load, ride and unload safely.
Below are details about resort-specific events happening for National Safety Awareness Week:
Arapahoe Basin
Arapahoe Basin is hosting a safety weekend on January 14-15 starting at 10 a.m. The base area will be filled with booths focusing on the terrain park, ski patrol, snowsports, and more. One of the sponsors will also be giving away 100 helmets each day, along with a raffle and cake.
Copper Mountain
Copper Mountain will showcase its year-long safety efforts with Copper Safety Fest on January 14-16 in Copper’s Center Village. Along with kid-friendly signage and messaging throughout the West Village, Copper is showing off artwork created by Frisco Elementary School third-graders that focuses on the Responsibility Code and Terrain Park Safety. Copper has also teamed up with many community safety entities like the National Ski Patrol, Copper Mountain Ski Patrol and Avalanche Dogs, US Forest Service, and more to offer tips and information during its family-friendly Safety Fest.
Safety Fest will also have a Flight-For-Life helicopter fly-over on January 15, as well as Avalanche Dog drills and an open house at Ski Patrol Headquarters. There will be daily prize drawings in Burning Stones Plaza.
Copper Ski Patrol is also inviting guests to join in sweeping the mountain during Safety Fest. Each day at 4:15 p.m., Ski Patrol will sweep the trails to make sure that all guests are safely off the mountain before it closes. Guest can sign-up to follow a patroller as they clear the mountain. Spots are limited, so guests must sign up by 2 p.m. that day. For more information and to sign up, call 970.968.2318 x 66124.
Echo Mountain
Echo Mountain celebrates National Safety Awareness Week with activities on January 14-21. Activities include a kids’ poster contest, an on mountain slope-safety scavenger hunt, a stretching session, Responsibility Code trivia and prizes, a Never Summer demo day, and more. Helmet discounts of up to 10 percent will also be offered to Echo Mountain pass holders at participating stores. For more information, visit http://www.echomt.com/.
Loveland
Loveland is kicking off Safety Week on Saturday, January 14 with a visit from Neptune Mountaineering and Pieps, who will join with the Loveland Ski Patrol to give guests avalanche awareness information and beacon training. The ski area’s terrain park crew will also be giving information on the Smart Style Program. Loveland will also feature a manned booth to give information on the skier responsibility code, the importance of sun safety with help from Rocky Mountain Sun Screen, and hydration issues with support from Vitamin Water.
Steamboat
Safety Week at Steamboat will feature a variety of safety messages and activities listed below:
§ Park Rangers: The designers, testers and maintainers of Steamboat’s Terrain Parks will be in Gondola Square January 14-16 sharing the PARKWISE code.
§ Meet Patrol: The men and women who help keep the mountain safe will be onsite in Gondola Square January 14-16 to provide additional information and answer any questions guests may have about mountain safety.
§ Bear the Safety Dog: Steamboat’s Safety Mascot will be in Gondola Square January 14-16.
§ Snow Safety/Avalanche Awareness: On Saturday and Sunday, January 14 and 15, Steamboat Ski Patrol will host special seminars on snow safety and avalanche awareness. The seminars are free to the public and meet at Patrol Headquarters at the top of Sundown Express Chairlift at 1:00 p.m. both days.
§ Know the Code Contest: Skiers and Riders will randomly be stopped on the slopes by members of Steamboat’s Patrol. If they know at least three of the seven parts to the Responsibility Code they’ll receive a prize. The contest runs January 14-22.
§ Billy Kidd One O’Clock Run: This is a free clinic by Steamboat’s director of skiing, who will be joined by Patrol.
§ Free Mountain Tours: Guests c join Steamboat’s Ambassadors with SlopeWise & Safety Information from Patrol at 10:30 a.m. at the top of Vagabond Trail.
§ Free Racing: Any guests who can tell the attendant one of the seven topics of the Responsibility Code races free at the NASTAR training course.
Sunlight
The Sunlight Ski Patrol and Valley View Hospital are hosting Safety Awareness Day at Sunlight Mountain Resort on January 21. As a part of the event, $2,000 worth of helmets will be given to kids in the valley. Visit http://www.sunlightmtn.com/ for more information on the day’s events.
Winter Park
During Safety Week, employees of Winter Park will be out on the mountain, around the Winter Park Resort base and in The Village at Winter Park, sporadically wearing their “Know the Code” arm bands. Guests that talk about the Code with Winter Park employees will be entered into a drawing for a 2012-13 Winter Park Resort adult season pass. During the weekends, Winter Park Resort will have tents set up at the bases of Winter Park and Mary Jane with NSAA giveaways.
Fines issued after fatality for failing to have proper permits on USFS land
Posted: July 29, 2008 Filed under: Uncategorized | Tags: Aspen Daily News, Aspen Highlands, Bureau of Land Management, Forest Service, Ski Resort, United States Forest Service, US Forest Service Leave a commentThe Aspen Daily News is reporting that three people have been cited in conjunction with the death of Wallace Westfeldt. The citations are for filming on US Forest Service land without the proper film permits. The Story, Three cited in fatal film shootstates the fines will be $500 each.
The citations came after the investigation into the death of Westfeldt. Westfeldt died while filming in Tonar Bowl outside of Aspen Highlands ski area. Tonar died after jumping off a cliff for a film shoot for the Aspen Ski Company. See Snowboarder killed in Highlands backcountry.
Two stories in the Aspen Daily News hinted that the Aspen Ski Company knew they had violated the law. See: SkiCo vows to ‘more carefully scrutinize permit compliance’ and Fatal Tonar shoot may have broke law.
All commercials activities that occur on US Forest Service lands (as well as NPS and BLM lands) must be done with a commercial permit. The permits are issued to make sure the land is not destroyed, the visitor experience is not altered and that no risk is posed for a visitor. The USFS also receives income from issuing the permits.
Information about Special Use Permits can be found at the US Forest Special Use website. Information on filming on Forest Service lands can be found at http://www.fs.fed.us/specialuses/special_film.shtml.
There is a difference between taking a photograph or movie for your personal use or to bore your friends and neighbors after you get home. If you are going to use the photographs or video for commercial purposes, to promote a commercial venture or business you must have a permit from all federal land management agencies.
The three men can either pay the fine or within thirty days contest the charges in Federal Court. The charges are a Class B Misdemeanor.
Want to “own” a ski area in North Central Wyoming?
Posted: February 27, 2008 Filed under: Ski Area, Uncategorized | Tags: Bighorn Mountains, Bighorn National Forest, Ski, Ski Resort, United States Forest Service, USFS Leave a commentTwo different reports state the U.S. Forest Service will be seeking new operators of the Antelope Butte Ski Area in the Bighorn Mountains. The ski area is located about 90 miles east of Cody, Wyoming. Both the Casper Star Tribune and the CBS affiliate online Montana News Station posted the story. The ski area has been closed since 2005 when the USFS took over the operation and property at the ski area.
If you are interested in running your own ski area, you will probably have to show a business plan, plenty of capital (money) and experience in running a ski area. The ski area is operated on land under the auspices of the Bighorn National Forestalthough a search of the Bighorn USFS website showed no
information now.
Probably the most important item you will need, which the USFS may not want is a marketing plan. I don’t know if the ski area has land available for development, but running a ski area based on lift sales alone is a very difficult proposition these days.