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

[Brick Robbins]

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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