Wasatch Equality, a Utah nonprofit corporation, and four individual snowboarders have filed a federal lawsuit in 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, who noted that “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 also operates under a Forest Service Permit, which specifically states that the public lands “shall remain open to the public for all lawful purposes,” according to the plaintiffs. Yet, Alta 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 toward 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.
“We feel that it is time for Alta to let go of outdated prejudices that perpetuate a skier-versus-snowboarder mentality and allow everyone, regardless of whether they are skiers or snowboarders, to share the mountain together,” said Drew Hicken of Wasatch Equality.
Claim ‘Is Doomed to Fail’
David B. Cronheim, an attorney who specializes in such matters, provided a contrasting perspective to First Tracks Online Ski Magazine:
“The plaintiffs contend that Alta’s snowboard ban violates the Equal Protection Clause of the 14th Amendment, but their theory is far-fetched. Stated simply, snowboarders are not a protected class, so the defendants must merely show that they had a ‘rational basis’ for enacting the ban. This is a very low standard and will likely be easy for Alta and the Forest Service to meet.
“Alta has in the past asserted that its terrain is not conducive to snowboarding and, therefore, it only permits skiers. In contrast, the plaintiffs argue that this terrain-based explanation is merely a pretext for poorly veiled animus against snowboarders. However, Alta’s ubiquitous narrow traverses are ill-suited for snowboards in many instances. Poling along the uphill or flat portions of these cat tracks is often required and when even a single person stops, the possibility of a chain reaction collision is real danger.”
Cronheim added that “Alta is one of the oldest ski resorts in the country so there may be a rational basis found in preserving the unique history of the resort. Either of these reasons, along with numerous others, should allow the ban to stand. The plaintiffs’ lawsuit is almost certainly doomed to fail.”
