Snowboarders suing a ski slope on constitutional grounds - Page 2 - Snowboarding Forum - Snowboard Enthusiast Forums
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post #11 of 62 (permalink) Old 01-17-2014, 12:59 PM Thread Starter
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Originally Posted by supham View Post
So hikers should be allowed as well?
How about I walk my dog?
I have a degree with an emphasis in constitutional law, while I don't have legal precedent for my opinion, and my opinion is no more "valid" than any of yours, I think maybe I can offer a little more insight on the "constitutional rights" of protected classes.

Snowboarders in and of themselves are not protected classes, that's reserved for sex, religion, age, etc. But it doesn't mean that people aren't protected from discrimination.

But, I believe there is some sort of system the US government uses to determine what public lands can be used for. Such as certain land can be hiking only, or hiking and mountain biking. All the way up to something of the effect of Dirt Biking and ATV'ing, while prohibiting hikers from such land. Because its in the best interest of the safety of both parties involved.

So yes, they can open Alta up to snowboarders while still prohibiting hikers and such because of the risks involved with having two different types of recreational activities and the risks involved between having the two on the same land. The same can't be said for having snowboarders and skiers on the same land since both activities are so similar.

I should add that just because snowboarders are not a protected class, does not mean they don't have legal rights to not be discriminated against. Alta is going to have to prove why being skiier only is in the best interest for both parties involved. With 99.9999% of resorts being snowboarder/skier friendly. I think they are going to have a tough time proving it.

The other big issue is its tax payer funded. Hate to say it, but that's going to be the deal breaker for the skiers.

Last edited by MichaelRyanSD; 01-17-2014 at 01:16 PM.
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post #12 of 62 (permalink) Old 01-17-2014, 01:04 PM
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I have a degree with an emphasis in constitutional law, while I have legal precedent for my opinion, I think maybe I can offer a little more insight on the "constitutional rights" of protected classes.

Snowboarders in and of themselves are not protected classes, that's reserved for sex, religion, age, etc. But it doesn't mean that people aren't protected from discrimination.

But, I believe there is some sort of system the US government uses to determine what public lands can be used for. Such as certain land can be hiking only, or hiking and mountain biking. All the way up to something of the effect of Dirt Biking and ATV'ing, while prohibiting hikers from such land. Because its in the best interest of the safety of both parties involved.

So yes, they can open Alta up to snowboarders while still prohibiting hikers and such because of the risks involved with having two different types of recreational activities and the risks involved between having the two on the same land. The same can't be said for having snowboarders and skiers on the same land since both activities are so similar.

The other big issue is its tax payer funded. Hate to say it, but that's going to be the deal breaker for the skiers.
Nice argument, I hope you are correct. I just have the feeling they are going to let Alta determine the exact types of activities that are allowed. Actually, I bet it never gets that far. Its going to take some $$$ to move forward, I see Alta having deeper pockets unless the group can get the SB industry behind them footing the bill.
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post #13 of 62 (permalink) Old 01-17-2014, 01:07 PM Thread Starter
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You're half right... your tax money pays for the land that's owned by the US Forrest Service that Alta ski resort sits on. The resort itself is a privately owned and operated entity and thus everything besides the mountain itself is privately owned. I can see this going the route of allowing boarders to ride the mountain but with no use of the privately owned lifts or lodges which essentially means almost everyone will just go next door to snowbird or down the road to Brighton and Solitude.
Being a privately owned entity on government land is usually considered irrelevant. Its the business choice to operate on the land, not the other way around. In San Diego, there was a case to take down a huge cross on a mountain that overlooked much of the city. The Cross and the monument around it were privately owned, but the mountain they were on was government land. They ultimately won their case and the cross came down (or is coming down).
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post #14 of 62 (permalink) Old 01-17-2014, 01:09 PM
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post #15 of 62 (permalink) Old 01-17-2014, 01:10 PM
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i am sure they will most likely win, coz justice system in this country is not all that you know right lol but hope they will lose some money in the process. alta probably owned by Mormons or something

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post #16 of 62 (permalink) Old 01-17-2014, 01:28 PM
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Read the title and thought this was a joke... holy crap, that must be one of the shittiest business plans ever I hope the snowboarders win. Or at least that the douchebags lose a lot of money in the process
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post #17 of 62 (permalink) Old 01-17-2014, 01:49 PM
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Just caught the tail end of that, thanks! Interesting stuff...
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post #18 of 62 (permalink) Old 01-17-2014, 01:59 PM
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Being a privately owned entity on government land is usually considered irrelevant. Its the business choice to operate on the land, not the other way around. In San Diego, there was a case to take down a huge cross on a mountain that overlooked much of the city. The Cross and the monument around it were privately owned, but the mountain they were on was government land. They ultimately won their case and the cross came down (or is coming down).
You're talking about the cross on Mt. Soledad, and it's not coming down.... yet. The judge in charge of the case stayed his order pending appeal. As it has been for decades now, the cross will continue to be tied up in the legal process and nothing will actually happen.

Same thing is likely to happen with Alta. An extended court case followed by nothing actually happening.
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post #19 of 62 (permalink) Old 01-17-2014, 02:14 PM Thread Starter
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You're talking about the cross on Mt. Soledad, and it's not coming down.... yet. The judge in charge of the case stayed his order pending appeal. As it has been for decades now, the cross will continue to be tied up in the legal process and nothing will actually happen.

Same thing is likely to happen with Alta. An extended court case followed by nothing actually happening.
Yeah I grew in San Diego for 25 years, left like 2 years ago (Army). I didn't go into all the detail about that case. Granted nothing has happen yet, but the legal precedent has been set on that case and legally the cross has to come down (When and whether it does, we will see).

To be honest, I watched part of that youtube clip from the UT tribune. They pretty much said the same thing I was saying, about protected classes, and discrimination in regards to snowboarding. Snowboard undoubtedly have an uphill battle against Alta, and what it really is going to come down to is who has higher priced lawyers.
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post #20 of 62 (permalink) Old 01-17-2014, 02:43 PM
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Hank, I'm baffled and curious...why are you using my avatar for your avatar? That is the top of 53 at Homewood..that is me and my friends. Why is that your avatar? Or is it an amazing coincidence?
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