[pct-l] Facts Matter, Part 2

[Timothy Nye]

Again:

To the extent mountain bikers would disrupt equestrian use of the trail, and the danger to horses and their riders is manifestly greater than to hikers, then the vast majority of the population who are not physically fit to the degree of distance hikers and mountain bikers, will be excluded.  This may well constitute a violation of the ADA.  The disabled, the very young, the very old, etc...will suffer a disparate impact from such a policy change. The commercial outfitters and their insurers will be unable to continue under such a scenario. To benefit a much smaller proportion of the population, mountain bikers would exclude the opportunities now available to the citizenry as a whole to enjoy those portions they wish to "share" in the name of "fairness".  

Sent from my iPad

On Oct 10, 2012, at 10:37 AM, Dan Jacobs <youroldpaldan at gmail.com> wrote:

> Facts matter.
> 
> In looking for more information, I discovered this language regarding
> national scenic trails (SEC. 7. [16USC1246])
> 
> "(c) National scenic or national historic trails may contain
> campsites, shelters, and related-public-use facilities. Other uses
> along the trail, which will not substantially interfere with the
> nature and purposes of the trail, may be permitted by the Secretary
> charged with the administration of the trail. Reasonable efforts shall
> be made to provide sufficient access opportunities to such trails and,
> to the extent practicable, efforts shall be made to avoid activities
> incompatible with the purposes for which such trails were
> established."
> 
> This could be used in favor of hikers and equestrians on the PCT, as
> that was the purpose for the establishment of the PCT, and MTB'ers
> could be shown to "substantially interfere with the nature and
> purposes of the trail", especially it's history.
> 
> Dan Jacobs
> Washougal
> -- 
> "Loud motorcycle stereos save lives"
> _______________________________________________
> Pct-L mailing list
> Pct-L at backcountry.net
> To unsubcribe, or change options visit:
> http://mailman.backcountry.net/mailman/listinfo/pct-l
> 
> List Archives:
> http://mailman.backcountry.net/pipermail/pct-l/
> All content is copyrighted by the respective authors. 
> Reproduction is prohibited without express permission.