No-Fee Coalition

[Webmaster Note: I do not have a dog in this fight as I'm old enough to have earned my life-time permanent pass to Mount Evans, National Parks and most National Monuments. I do wonder about the basis of the lawsuit regarding Mount Evans. I have not read the actual filings in this case, nor do I want to. Below is part of an article about the lawsuit as it was reported by the Aspen Times and, below that, my experiences and observations, with pictures, over the last 10 years that I have developed and maintained this website. I'm just wondering if the No-Fee Coalition has properly checked their facts! Please read on.]

May 26, 2008 (Aspen Times) — Foes of fees on public lands (The No-Fee Coalition), such as at the Maroon Bells, have taken their battle to court.

Two class-action lawsuits were filed earlier this month against the U.S. Forest Service over fees it charges at Mount Evans, in Colorado, and Mount Lemmon, in Arizona.

The lawsuits claim the Forest Service is violating the Federal Lands Recreation Enhancement Act, which gives the agency permission to charge fees for specific services or amenities. Mount Evans, near Idaho Springs, is one of Colorado’s peaks that exceeds 14,000 feet in elevation. Mount Evans is unique because it has a paved road to the top, so it is a popular destination for motorists and road bikers. The Forest Service declared Mount Evans a High Impact Recreation Area and charges a fee for anyone who stops along the state highway that climbs to the top. Motorists who pull over at scenic overlooks and people who drive and park at trailheads then go hike are supposed to pay the $10 fee. Cyclists and hikers pay a smaller fee. Only people who travel to the top and turn around without stopping any where along the route are exempt from the fee.

Federal legislation prohibits fees for parking and using overlooks, the lawsuit alleges. The opponents also contend the Forest Service is illegally charging a fee to people who want to use a city of Denver park at Summit Lake, half way up Mount Evans. People who refuse to pay and stop along the route are subject to prosecution and a fine. The Forest Service’s “threat of criminal prosecution has a chilling effect on Plaintiff’s right to travel on his use of the forest for walking, riding a bike, or simply enjoying the view,” the lawsuit said.

The Forest Service can legitimately charge a fee when certain criteria are met. A fee is authorized when a(sic) outdoor recreation area provides “all” of the following amenities:

1. Designated parking,
2. A permanent toilet,
3. Permanent trash collection,
4. Interpretative signs or a kiosk,
5. Picnic tables, and
6. Security services, such as a ranger on duty.

1. There is designated parking at the Entrance, Mount Goliath Natural Area and at the top. Denver Mountain Parks plans to repave/improve the parking lot at Summit Lake this year and then there will be designated parking at that location when that project is completed.
2. Vaulted toilets (Entrance, Mount Goliath and the top) are cleaned daily when the Mountain is open. The Forest Service has placed temporary toilets on the Denver Mountain Parks land near Summit Lake as a temporary solution until Denver Mountain Parks can fund a more permanent solution.
3. Trash bins are emptied daily and most used area are policed daily. When I'm on the mountain shooting (pictures) before dawn. The first person I see (from the Forest Service) is the clean crew. Typically between 7 am and 8 am. Soon there after a Forest Service Ranger will appear. I can not remember if this has never happened.
4. Interpretative signs at Mount Goliath, Walter Pesman Alpine Garden (also know as the upper Goliath Trailhead), Summit Lake as well as the parking area at the top. The Dos Chappell Nature Center (at Mount Goliath) was completed and dedicated in 2007 that qualifies as more than just a "kiosk" and will last for generations. Dos Chappell Nature Center probably has more information about the alpine tundra and its animals than any National Forest or National Park in the US! Interpretative programs (Ranger lead) have existed on the mountain for many years although I have not always keep my page about them current.
5. Picnic tables do exist at Upper Goliath trailhead and Summit Lake as well as at the campground near the entrance. Picnic tables have been on the mountain for at least the last 3 or 4 seasons. There are at least four Forest Service built and maintained picnic areas along the Bergan Park-Mount Evans Road as well as one at Chicago Creek area about 5 miles below the entrance on the Idaho Springs-Mount Evans road. Juniper Pass Overlook just 2 miles east of the entrance has a most spectacular view of Mount Evans as well as the Bear Creek Valley. Did I mention the extensive picnic facilities at Echo Lake (near the entrance), a Denver Mountain Parks Property.
6. Opening day there was a Forest Service Enforcement Ranger on Mount Evans and the mountain is frequented by Colorado State Police. Believe me, people have and do get tickets for speeding on Mount Evans, although I've never gotten one. Perhaps it because I drive so slow! Interpretive rangers as well as patrol rangers are on the mountain daily to assist visitors and remind them of the rules and regulation as well as to protect the environment and animals.

SO WHAT PART OF THE SIX REQUIREMENTS IS MISSING?

Over the last 10 years of developing this website, I have been on Mount Evans from 12 to 30 days each year. My observations are not casual ones. This website has been developed because of my love for Mount Evans and income from this website does not cover expenses in most years. I do want to see Mount Evans protected as 125,000 visitors a year is a substantial strain on a very fragile environment.

Webmasters Note: 62,731 unique visitors visted this website in 2007!