Jackson Hole local Roland Fleck was arrested February 5, 2011. He had skied uphill and was told not to by the ski patrol. After a 3.5 hour confrontation with the ski patrol and local deputies, he was arrested. During those 3.5 hours, he was even offered a free lift ticket.
This is not a case of the ski patrol stopping someone from skiing uphill. Although I have no problem with a ski area stopping uphill skiers or downhill skiers, for that matter, this case does not seem to end with that issue.. This is a case where someone decides to pick a fight. I’ve never known law enforcement or anyone to spend 3.5 hours talking to someone before arresting them. 3.5 minutes would be a world record before you are on the ground and cuffed.
The ski area has the right to control who has access to the land. The land owner is the US Forest Service which manages the land for the US. (The land is not owned by the people of the US.) The land has been “leased” to the ski area for the purpose of a ski area. The Ski area pays the US Forest Service for the right to run the ski area. The ski area has control over that land subject to the US Forest Service agreement.
Compare it to a landlord tenant situation. The landlord owns the building. The tenant pays the landlord for the right, as set out in the lease, to the building. Under the lease, the tenant has 100% control over the building and can allow someone in or throw them out at the tenant’s will. This may even allow them to allow or deny access to the landowner. It is dependent upon the lease. It does not matter who owns the land when it is leased.
Either the ski area has the right to do what it wants, as allowed in the lease or not. We may be the eventual owners of the land, but we have given up that right to access the land because it is managed for us by the Federal Government through the USFS which leased the land to Jackson Hole Mountain Resort.
Look at it this way. If the defendant was hurt on the land while using the resort who would he sue? Us? no. The US Forest Service? No. He would sue the ski area. Because of that, the ski area should have the right to protect itself and protect the people it has charged to access the land.
See 7 patrollers, 2 deputies spend 3 hours trying to stop, cuff and toboggan Fleck off mountain.
What do you think? Leave a comment.
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