In what has got to be this years’ most finicky, hair-splitting case, the Tenth Circuit dismissed a lawsuit by a group of snowboarders who claimed equal protection violations by the U.S. Forest Service whose special-use permit excluded snowboarders but allowed skiers.
In the opinion of U.S. Judge Dee Benson, “the equal protection clause is not a general fairness law that allows anyone who feels discriminated against to bring an action in federal court.”
The controversy began when four snowboarders and a civil rights group sued Alta Ski area and the U.S. Forest Service of violating equal protection laws by giving skiers exclusive rights of access to particular areas of mountaintop.
Square Peg in a Round Hole
However, the argument was not availing to the ears of the Tenth Circuit. The court was convinced by the argument of Frederick Thaler, who argued for Alta. Thaler said that the ban was about equipment, not about the people who used the equipment.
Snowboarding vs. Snowboarders
Lawyers for the snowboarders weren’t about to go down without a fight, though. Schofield essentially tried his “oh, yeah” last ditch call and reminded the court of the signs on Alta’s property: “They don’t say ’no snowboarding’” he said, “They say ’no snowboarders.'”
Somebody give that man a ribbon for splitting-hairs.
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