Court cases relevant to fee demo tickets

[David_Parker]

This was a post by Jon. I copied and pasted it because I didn't want to bring the whole thread back. Read the news paper articles from the Arizona Daily Sun. There's your ammo. If it's not enough, get Cavey to back you up in court! He'll tear them a new a-hole!

Just got this email, looks like very good news for everyone.

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Fee-Demo articles have begun popping up like wildflowers after a downpour

and the news is all good. I've pasted short snips from three articles below

and encourage people to read the entire articles online.

My thanks to everyone involved in making this news happen and a very special

thanks to those fee-demo protesters in Arizona who appeared in court

yesterday and who, through their efforts, confirmed that the USFS MAY NOT

ISSUE A FEE-DEMO TICKET TO AN UNATTENDED PARKED VEHICLE.

Activists have been saying exactly this for years

(www.wildwilderness.org/docs/tips.htm), but the truth never seemed to

prevent the USFS from issung these inappropriate tickets.

Perhaps the USFS will pay attention to US Magistrate Judge Stephen Verkamp

and will finally stop issuing tickets they have NO authority to issue. All

forest visitors must be presumed INNOCENT of fee-demo offenses unless the

USFS can provide evidence to the contrary. That is a constitutional right

.... and it's something the Forest Service has somehow forgotten.

Scott

PS... Senator Graham's Fee-Demo Bill S1011, would change the law such that

forest visitors could be PRESUMED GUILTY UNTIL PROVED INNOCENT. S1011, if

passed, would force Judge Verkamp to find future recipients of these same

fee-demo tickets GUILTY as charged. If Senator Graham's bill passes, I hope

its constitutionality will be immediately challenged!!

 

---- begin quoted ---- http://www.csmonitor.com/2001/0821/p1s2-ussc.html

In the great outdoors, resistance to rising fees

Opposition builds as more federal lands ask visitors to pay.

By Hal Clifford | Special to The Christian Science Monitor

OURAY, COLO. - Retiree John Montle has never protested anything in his life.

Now the avid outdoorsman is waiting to appear in court for defying the

federal government.

Mr. Montle is part of a growing revolt over a controversial pay-to-play

program being tested on federal lands nationwide.

For years, the federal government has charged entrance fees to national

parks - and even raised them recently - with relatively little complaint

from the public.

Now, however, several other federal agencies - including the US Forest

Service, the Bureau of Land Management, and the US Fish and Wildlife

Service - are levying user fees at a growing number of outdoor haunts that

used to be free.

<CONTINUES>

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http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=23842

Red Rock pass system in trouble

By LARRY HENDRICKS

Sun Staff Reporter

08/21/2001

A federal magistrate in Flagstaff has dealt what appears to be a major

setback to the ability of the Coconino National Forest to enforce its Red

Rock Recreation Pass demonstration program.

Before a packed U.S. District Court in Flagstaff Monday, three of four

people who refused to pay fees associated with the program were not required

to pay fines because they were not seen by rangers near vehicles that were

cited.

That means Forest Service rangers will have to spend more time trying to

find the owners of vehicles illegally parked in the National Forest, said

one Forest Service official.

Previously, rangers had been ticketing vehicles parked at trailheads that

did not display the Red Rock passes regardless of whether they made contact

with the owners.

<CONTINUES>

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http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=23871

Courtroom erupts in applause for verdict

By LARRY HENDRICKS

Sun Staff Reporter

08/21/2001

The four people who decided to take their cases to court on the

recommendation of the AZ NoFee Coalition were Margaret Jackson, Ken R.

Brinkel and David L. Kuhn of Sedona; and Evaline C. Derosa, of Truckee,

Calif.

According to citations issued to the four, only Kuhn was contacted by a

Forest Service Ranger. The other three were not in the vicinity when their

vehicles were cited.

Two immediately had their cases dismissed by the U.S. Attorney's Office. The

cases of Jackson and Brinkel were dismissed by Assistant U.S. Attorney

Joseph Lodge just before the four trials were to begin because he said the

cases were unlikely to result in convictions based upon U.S Attorney's

Office guidelines

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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Scott Silver

Wild Wilderness

248 NW Wilmington Ave.

Bend, OR 97701

phone: 541-385-5261

e-mail: ssilver@wildwilderness.org

Internet: http://www.wildwilderness.org