USFS sides with Alta in ban of snowboarders
By Brady McCombs, AP
SALT LAKE CITY — The U.S. Forest Service says it supports one of the last U.S. ski resorts to prohibit snowboarding in a court battle over a ban that snowboarders call discriminatory.
The decision by the Alta ski area to promote a snowboarder-free experience to lure skiers and keep them safe is a rational rule that violates no constitutional rights, attorneys for the Forest Service said in court arguments filed this week.
“Even if plaintiffs established that they are similar to skiers and have been treated differently, they have failed to show that the federal defendants’ treatment of them was irrational,” Forest Service lawyers wrote.
Four snowboarders filed the lawsuit in federal court in January. They’re claiming discrimination on national forest lands that make up most of the Alta ski area in the mountains east of Salt Lake City. The U.S. Forest Service was named as a defendant in a lawsuit, in which the snowboarders argue the ban violates the promise of equal treatment under the 14th Amendment.
The legal back-and-forth has reignited a long-festering culture clash on the slopes between skiers and snowboarders.
The new Forest Service brief comes a week after the ski area’s lawyers said that the lawsuit degrades the U.S. Constitution and should be thrown out.
Jon Schofield, an attorney for the snowboarders, said both filings mischaracterize the complaint, confuse applicable law and avoid the fact that Alta discriminates against snowboarders based on an inaccurate stereotype. Schofield said they’ll address the issues fully in an upcoming brief.
“Before bringing suit, we considered every issue raised in these motions, and we believe the case rests on solid legal ground,” Schofield said.
Under a 40-year permit issued to Alta by the Forest Service in 2002, the ski area is allowed to restrict any type of skiing device that creates an unnecessary risk to other skiers.
The Forest Service said it agrees with Alta that the way snowboarders slide down the slopes is a legitimate safety concern for skiers. In a filing last week, Alta attorneys explained that skiers find the slopes at Alta more peaceful, safe and enjoyable because they don’t have to worry about being hit by snowboarders whose sideways stance leaves them with a blind spot that can make their wide, sweeping turns a danger to others on the slopes.
“These differences create safety concerns that can be avoided or minimized by not allowing snowboarders,” Forest Service lawyers wrote in the new filing.
Alta is one of 120 ski resorts that has a permit to use Forest Service land, the court brief says. The agency’s lawyers say they are aware of Alta’s snowboarding prohibition but argue the agency was not part of the decision to enact the ban and does not make a profit from it.
Based on a congressionally mandated formula, Alta paid the Forest Service between $305,000 and $474,000 each of the past five years. That represents less than 1 percent of the Forest Service’s annual budget, their attorneys said.
The two other resorts that ban snowboarding are Deer Valley, also in Utah, and Mad River Glen in Vermont.
never understood this. I’ve always found skiers to be much more dangerous. not only do they have 2 skis that detach, they also have 2 poles that get flailed around. I’ve been hit multiple times in the face by a pole while a skier was just pointing the next direction they were going to move in too their friends. stinks of discrimination to me. there should be all snowboarder mountains since skiers just push all the snow off the sides of the trails…
The problem with many skiers and borders these days is their lack of courtesy and awareness of others on the hill. “Back in the olden days” people were more aware and considerate of others, not cutting people off and apologizing when they did. It’s like being a driver in a car. Drive/ski defensively.
As younger generations came along some parents neglected to instill good manners and their kids were allowed to run rampant down the hill without regard for others. Only my opinion, but SOME boarders are lacking courtesy on the hill, and SOME skiers as well. Instilling courtesy would go a long way toward the comfort of others on the slopesl.
I think it’s great that just a few resorts not permit boarders, just so skiers can feel less intiminated. If you think it’s discriminatory, go elsewhere.
“inaccurate stereotype”? I think not. I work at a ski resort and the majority of snowboarders are rude, couldn’t care less, and a dog pack like mentality. Most are a menace on and off the slopes, and combined I.Qs of a house plant. I’ve been skiing much longer than these ‘bro’s’ have been alive. It was nice back in the day when snowboarding didn’t exist.
J, maybe if you weren’t riding so close to skiers as boarders typically do, to spray them with snow, like dogs piss on a hydrant you wouldn’t run into their poles. Common sense dude. But then again….the whole house plant thing.
LAURA & K2, Laura I to learned to ski in the “olden days” and it was much different. When snow boarding started gaining popularity there was a segment of the boarding communiy that were rude, disrespectful and waaayyy out of controll!!! That’s why boarders were originally banned from big sections of the mountain. I don’t know if much has changed as I can no longer ski. No ACL left in either leg.
So I’ve rcently adopted a Great Pyrenese dog from the animal shelter so now I just need a “great pair of knees” to get back on the 210’s. Sorry, bad joke but I just had to work it in there.
Hope to meet you April 15 at Camp Richardson.
K2, Don’t offend my house plants. I’m going to strap one on to an old pair of Atomics and tow it around the vegetable garden. Take care, Old Long Skiis
Yo J, Skiers move snow off the runs? Pfffft. Duuuude, quit that sideslipping and cutting close to skiers, and remove those rose colored glasses young Luke. Obective observations confirm and affirm the comments and article.
Like OLS I have been on the mountain for 50 plus years, seen it all from short skies to boarding. Some people can just be rude no matter what your on. Seems boarders today are much more kind than people say, never really had a problem with them. I do feel the real problem is with all the new high speed chairs we have, you see more people on the run which means you have to be aware what’s going on. There was a time when you spent most of your time in line waiting to get up the mountain. I always use the side of runs because there are to many people in the middle or get off the runs and hit the trees.
Full Time and Ols we spent more time side stepping up the ramps to get to the chair.
Buck, Full Time and any other old timers. Yes, lots of side stepping up those ramps. Chair #2 at Heavenly Valley which later became the “Creek Station” was brutal! I had heavy leather double ski boots (one boot inside another) and clumsy, long wooden skiis with dull edges and cable bindings. In a low snow year you were srtruggeling up that ramp atop nylon ropes that had been nailed down to the steep pitched wooden ramp trying to make your way to the chair. One step forward, then slide down the ramp a few feet and start all over again. Fond memories! OLS