4 Snowboarders Claim Alta Infringes on 14th Amendment
It seems the Alta argument has reached litigation. 4 Utah riders have teamed with Wasatch Equality and filed suit against Alta and the US Forest Service for infringing on their 14th Amendment rights, specifically The Equal Protection Clause. Finally, the Skier v. Snowboarder rivalry will be addressed by the judicial system and has reached its much deserved spot among other notable 14th Amendment cases like Bush v. Gore, Roe v. Wade, and Brown v Board of Education. This lawsuit is laughable at best. I am a skier and I have no qualms with snowboarders. Some of my best friends ride and I love to ski with them. The Skier v. Snowboarder rivalry is moronic. This lawsuit is merely a cry for publicity and shows the snow sports world in a very poor light. Alta discriminates no individual or group, rather they do not allow specific equipment. Why not file a claim that the USFS infringes on my 14th Amendment rights by not allowing me to bike of hiking trails? Why can’t I snowmobile on the USFS land Alta leases? It’s my right as a US Citizen, right? To equate this as an infringement on 14th Amendment rights is ludicrous. Infringements of that level equate to fraud, abortion rights, and racial segregation. My reaction when first hearing of this lawsuit: “Ugh…really?!”
What do you think? If you have a reaction to this lawsuit please leave an educated response in the comment section. I am not looking for internet trolling. I am looking to start an open dialogue. Perhaps we can begin to shed the nonsensical rivalry and explore our common bond.
Official Press Release:
SALT LAKE CITY — Jan. 15, 2014 — Wasatch Equality, a Utah nonprofit corporation, and four individual snowboarders filed a lawsuit in the United States District Court for the District of Utah against Alta Ski Area and the United States Forest Service, seeking to permanently enjoin Alta from enforcing its anti-snowboarder policy and snowboarding ban. The plaintiffs also seek a declaration from the Court that Alta’s snowboarding prohibition, as enforced by the Forest Service, violates the Fourteenth Amendment to the United States Constitution and is therefore unlawful. A copy of the Complaint can be found on Wasatch Equality’s website http://wasatchequality.org/lawsuit.
The plaintiffs are represented by Jonathan Schofield, attorney with Parr Brown Gee & Loveless. According to Schofield: “Alta is one of only three ski resorts in the United States that does not allow snowboarding, and Alta is the only one of these resorts that is operated on public land controlled by the Forest Service. Because of Alta’s relationship with the government, Alta’s actions must comply with the Constitution’s Equal Protection Clause. Alta’s prohibition against snowboarders excludes a particular class of individuals from use and enjoyment of public land based on irrational discrimination against snowboarders, which denies them equal protection under the law as guaranteed by the Fourteenth Amendment.”
Alta operates under a Forest Service Permit, which specifically states that the public lands “shall remain open to the public for all lawful purposes,” yet Alta’s refuses to allow certain members of the public from using its land. The Complaint alleges that when Alta set forth its snowboarder ban in the mid-1980s, its policy was initiated as a result of animus held by Alta’s ownership, management, and customers towards snowboarders, and that Alta continues to enforce its ban based on this animus. The Complaint further alleges that the reasons offered by Alta in support of its policy are a pretext and that there is no legitimate reason for Alta and the Forest Service’s continued denial of access to one group of people (snowboarders) while granting access to a similar group of people (skiers). Thus, according to the Complaint, Alta’s anti-snowboarder policy and snowboarding ban cannot be enforced.
Read full complain and lawsuit by Wasatch Equality and 4 plaintiffs here.