[pct-l] Simply parking in a National Forest does notrequireapermit

[gary_schenk at verizon.net]

 It's not a ticket, it's a notice of noncompliance. This thing keeps losing in court.
 

On 04/30/14, Judson Brown wrote:

I never have paid for it anyway. When you get a ticket, you just throw it
away because they have no enforcement procedure or personnel for following
up on those who have incurred violations.


On Wed, Apr 30, 2014 at 1:04 PM, Brick Robbins <brick at brickrobbins.com>wrote:

> I think it is worthwhile reading the decision, It seems pretty clear
> cut and straightforward to me, But IANAL
>
> The decision seem to be to be about the Federal Lands Recreation
> Enhancement Act, 16 U.S.C. §§ 6801-6814, (“REA”) which states that
> there are limits on which things the USFS can charge fees for. This
> section is quoted
>
> === begin snip from REA ===
> Limitations on recreation fees
> (1) Prohibition on fees for certain activities or services
>
> The Secretary shall not charge any standard amenity
> recreation fee or expanded amenity recreation fee for Federal
> recreational lands and waters administered by ... the Forest
> Service ... under this chapter for any of the following:
> (A) Solely for parking, undesignated parking, or
> picnicking along roads or trailsides.
> == end snip ===
>
> The judge decided:
> "The Forest Service is prohibited from charging a fee solely for
> parking. If a visitor does nothing other than park, the fee is solely
> for parking and is, therefore, plainly prohibited by the REA
>
> This seems pretty straight forward to me.
>
> Are there any expert legal minds out there that can find fault in
> this, the judges ruling?
>
>
>
>
>
> On Wed, Apr 30, 2014 at 12:49 PM, JPL <jplynch at crosslink.net> wrote:
> > whoops, "AREN'T" !! :)
> >
> > -----Original Message-----
> > From: JPL
> > Sent: Wednesday, April 30, 2014 3:47 PM
> > To: Stephen Clark ; Luce Cruz
> > Cc: pct-l
> > Subject: Re: [pct-l] Simply parking in a National Forest does
> > notrequireapermit
> >
> > Sure; and the agencies are stupid and try to be balanced about the whole
> > thing. That's why fees are usually called "Parking Fees" and walk-in's
> > aren't charged.
> >
> > -----Original Message-----
> > From: Stephen Clark
> > Sent: Wednesday, April 30, 2014 3:45 PM
> > To: Luce Cruz
> > Cc: pct-l
> > Subject: Re: [pct-l] Simply parking in a National Forest does not
> > requireapermit
> >
> > Paying a fee to use developed facilities and not paying a fee just to
> hike
> > will be very hard to enforce.
> >
> > Imagine someone hikes off down the trail not paying. Then on return uses
> > the restroom or sits at a picnic table to tie their shoes...
> >
> > May require a whole new force of picnic table and potty police...
> >
> >
> > On Wed, Apr 30, 2014 at 12:35 PM, Luce Cruz <lucecruz13 at gmail.com>
> wrote:
> >
> >> On Wed, Apr 30, 2014 at 12:08 PM, JPL <jplynch at crosslink.net> wrote:
> >>
> >> > Flawed judgment; never survive on appeal. imho.
> >>
> >>
> >> Flawed, how?
> >>
> >> --
> >> Luce Cruz
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