[pct-l] Document and report illegal MB's on the PCT.

Timothy Nye timpnye at gmail.com
Sat Feb 9 16:20:18 CST 2013



Sent from my iPad

On Feb 9, 2013, at 1:54 PM, Scott Iceberg <scotticeberg at yahoo.com> wrote:

> Under the ADA a creative definition of wheelchair could certainly include a bicycle. Even an electric bicycle. Under the ADA knee trouble could qualify as disabling. Under the Wilderness Act a wheelchair is permitted in wilderness areas. These are three facts, not my opinion.
> 
> Cycling legally on the PCT could be as simple as getting a doctors note, and having a bike builder write "wheelchair suitable for indoor and outdoor use" on the sales invoice. This is just one example.
> 
> What might happen is a person who tries something similar to the above gets kicked out by the forest service. Then the forest service gets sued, the plaintiff wins, and creates case law favorable to disabled cyclists on national scenic trails.
> 
> 
> ________________________________
> From: Jim & Jane Moody <moodyjj at comcast.net>
> To: Scott Iceberg <scotticeberg at yahoo.com> 
> Sent: Saturday, February 9, 2013 3:17 PM
> Subject: Re: [pct-l] Document and report illegal MB's on the PCT.
> 
> 
> Scott,
> I don't have time to debate this with you - I'm late for a Mardi Gras party already.  However, I deduce that you are not an attorney.  If you were, you would know that just having bad knees does not entitle one to overturn any federal law one chooses to oppose.
>  
> Laissez les bon temps roulet!!
>  
> Mango
> 
> ________________________________
> 
> From: "Scott Iceberg" <scotticeberg at yahoo.com>
> To: moodyjj at comcast.net
> Sent: Saturday, February 9, 2013 1:25:26 PM
> Subject: Re: [pct-l] Document and report illegal MB's on the PCT.
> 
> 
> All it would take is one litigious person with bad knees to have the legal right to cycle the PCT enshrined in legal precedence. Those opposed to cycling on the PCT really have little legal ground to stand on. 
> 
> What would your argument, in front of a judge, consist of? Other than perpetuating the tentative status quo?
> 
> 
> 
> ------------------------------
> On Sat, Feb 9, 2013 1:18 PM EST Jim & Jane Moody wrote:
> 
>> For one thing, it weakens their moral / political position with Fed agencies and Congress.  And some of them might become less willing to flaunt the law if they know that the authorities are gonna be notified with evidence.  And some of them may be decent folks who would be embarrassed to be challenged with evidence of violations. 
>> Mango 
>> ----- Original Message -----
>> From: "Scott Iceberg" <scotticeberg at yahoo.com> 
>> To: "Edward Anderson" <mendoridered at yahoo.com>, "Ernie Castillo" <erniec01 at hotmail.com>, pct-l at backcountry.net 
>> Sent: Saturday, February 9, 2013 12:48:57 PM 
>> Subject: Re: [pct-l] Document and report illegal MB's on the PCT. 
>> 
>> But, why? Why is it such a big deal? What action do you expect to be the result of taking pictures and reporting mb'ers? 
>> 
>> 
>> 
>> 
>> 
>> ________________________________ 
>>  From: Edward Anderson <mendoridered at yahoo.com> 
>> To: Ernie Castillo <erniec01 at hotmail.com>; "pct-l at backcountry.net" <pct-l at backcountry.net> 
>> Sent: Saturday, February 9, 2013 12:22 PM 
>> Subject: [pct-l] Document and report illegal MB's on the PCT. 
>>   
>> Yours is a great suggestion Ernie. The MB'ers will keep trying - they will be relentless in their efforts to access the PCT. If not legally, some will continue to use it illegally. We, hikers and equestrians, must document them, with our cameras, and report them, as I have done. Whenever possible, take pictures of them, their vehicles with bike racks and showing license plates, and the PCT posts there banning bicycles, at trail-heads. 
>>   
>> MendoRider-Hiker  
>> 
>> ________________________________ 
>> From: Ernie Castillo <erniec01 at hotmail.com> 
>> To: pct-l at backcountry.net 
>> Sent: Saturday, February 9, 2013 7:00 AM 
>> Subject: Re: [pct-l] Forest Service rejects efforts to rescind or restrict ban on mountain bikes on PCT! 
>>   
>> 
>> Suggestions: 
>> 
>> Have the PCTA create a position paper and post in on the web site in clear view for all -- and not just hikers -- to understand the issues. 
>> Draft a "form" letter similar to that on the "share the PCT" Facebook page and encourage everybody on this list serve to send copies to their congressmen. 
>> Refrain from calling the MTBers names such as clowns and losers 
>> 
>> Ernie Castillo 
>> PCT Class of 1980 
>> 
>> 
>>> Date: Fri, 8 Feb 2013 22:12:26 -0800 
>>> From: tokencivilian at yahoo.com 
>>> To: pct-l at backcountry.net 
>>> Subject: Re: [pct-l] Forest Service rejects efforts to rescind or restrict ban on mountain bikes on PCT! 
>>> 
>>> Lindsey, Chris (shakes head) and the rest: 
>>> 
>>> If you would actually go over to the MTBer "share the PCT" Facebook page and read what these losers are planning on doing, you'd see that writing the members of Congress and the USFS brass in DC is the next thing these clowns are going to do.  
>>> 
>>> They lost at the Agency and want to bypass them by going to politicians.  
>>> 
>>> Wake up and smell the coffee....it's the squeaky wheel that gets the grease.                             
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