[pct-l] PCTRI response to the Forest Service upholding PCT mountain biking closure

[Nick Thelen]

Mr Murray wrote n response:
[Nick wrote] I'm confused Mr. Murray....what "ruling" are you talking about? And what "resources" 
and "money" is being spent?
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The "ruling" that you want to change, that Congress meant what it said when it created the PCT.Resources? 
How about attorney's to give opinions on the legality of USFS positions? How about time spent writing letters 
by all these bikers? How about the paid people in biker organizations spending their time on the issue. 
How about YOU spending your time writing on blogs?The fact of the matter is that you wanted a reconsideration, 
and you GOT a reconsideration. But now, only a few months later, you are not happy that you got your reconsideration, 
because YOU LOST. And your biker pals are pissed at you for misleading them.You say it is tenuous, but you get 
no traction, you get no results.

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[Nick wrote] There is no "ruling"
====================

Right. The decision by the USFS does not exist. It is legal to ride on the PCT.
Any other "truths" you want to pass onto your buddies????

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I'll make this easy for you Mr. Murray as it is clear you do not 
understand the basis of our argument.

Prior to this past year most people took for granted that mountain biking 
on the PCT was illegal. This belief stems from the 1988 closure order, which 
was typed up by three Forest Service employees about a year after the Forest 
Service headquarters in Washington, D.C., refused a plea by PCT advocates to 
issue a regulation forbidding bicycles.

The point is that we have an extremely strong argument that the closure order violated 
a law requiring that the public be invited to comment before the closure took place. 

We also believe that the Forest Service's own lawyers in Washington have told the
Forest Service that the closure order is legally invalid...I do not say this lightly.

Basically, the current situation has moved to the middlegame (if you play chess you will 
understand). As you have read from the Forest Service's letter from several weeks ago, 
it is not going to budge  on its view that the order is legal and bicycling on the PCT is illegal. 

We at PCTRI remain convinced that we have a strong legal argument that the closure is not legal.

Agencies almost always defend their rules. However, courts often tell them that they are incorrect. 
Someday this dispute may get to court and we'll find out who's right. 

I see it as a 70/30 chance in our favor...again, I do not say this lightly

It's not wise to assume that the closure order is legal and mountain bikers are violating the law. 
It seems to lead to the desire to confront mountain bikers as scofflaws...

Let the Forest Service and the courts figure this out. Taking matters into your own hands, 
beyond having a conversation, is legally risky...catch my drift y0...

Have a wonderful New Year - I, myself, am about to crack a lovely bottle of Black Tuesday RIS...

Love, 
Nick