Ridecamp: Re: [RC] Heidi's FS appeal

> Sharon Westergard goripper@xxxxxxxxxx
> Heidi, here is a link regarding your appeal with the Forest Service.
> Is this the appeal where Linda and Dennis Tribby and Sarah Miller
> testified?  I don't see reference to them.
> And I don't read the FS decision as having you "win" as you state.  Was
> there another appeal that I'm missing?

Yes, Sharon, you are "missing" quite a bit here.  What your link shows is
the final stage of the administrative appeal process  within the USFS
itself, which we had to go through before we could even request a judicial
review in federal court.  It took us nearly three years to get through the
"administrative" level, in which basically the agency rubber stamps the
actions of its minions.  At the federal court level, Federal Magistrate
Coffin forced the USFS to honor the non-profit status of our past events. 
Furthermore, he found in our favor when the USFS attempted to break their
own agreement with us and deny Sara Miller a permit based on her
involvement with the Pan-American.  The Tribbys were involved in the
entire process, and Sara testified at the final hearing (and I believe at
some of the earlier conferences as well).  Sara's testimony combined with
the USFS exhibits was almost humorous--their agreement with me included
all "agents, employees, assigns" etc. that had been involved in any of my
events, and they tried to base their case against Sara on the allegation
that she had worked as a sole entity (not the phrase they use, but you get
the drift) in getting the permit for the Pan-American.  They introduced
two documents in evidence--both the application which she had signed, and
the actual permit which she had signed.  In both cases, she had signed and
listed herself as an agent for the committee that actually put on the
event--I was president both of the non-profit corporation and of the
Organizing Committee, and it was pretty simple to demonstrate that fact
with both our incorporation documents and the Pan-American literature that
Sara had worked under my direction.  Judge Coffin had already ruled that
our past events would be accepted as the USFS rules had read at the time
they were put on and that we were not liable for any fees beyond what we
had paid, and had ordered the Assistant US Attorney representing the USFS
to draft an agreement to that effect.  The agreement went through two or
three drafts before it was approved, and if I recall, we had to go back
before Judge Coffin in another conference before it was made final.  When
the USFS promptly broke the agreement, Judge Coffin was so disgusted with
the Assistant US Attorney both for breaking it and for putting on such a
weak defense of it that he interrupted me during my closing argument and
gave the attorney a tongue-lashing for wasting the court's time with such
a ridiculous matter, and ruled in our favor.  The documents are public,
and I'm sure Sara can give you a first-hand account of what went on. 
However, the delay was sufficient for you and a few others to usurp the
Sunriver Ride, which was the one for which Sara had applied for a permit. 
(That, too, is public record--however, I have not tried to go on slinging
mud in YOUR face over some of the untruths that occurred in THAT
situation.  Perhaps you'd like to have the Tribbys and the Millers and the
other folks who know the truth about THAT chime in here as well?)
At that point, however, I pretty much threw my hands up in disgust at the
way the Oregon riders and ride managers were so divisive about trying to
defend their rights to public lands, and quite frankly, I was sick of
fighting for the rights of people who just didn't seem to care that their
rights were being taken away, and who were trying to use my public actions
as a private vendetta.  I basically walked away from the whole mess, and I
see now that Oregon riders are losing the Bandit Springs ride, and that
they had two rides cancelled because of the fires, with no recourse to
have last-minute course changes due to new USFS policies.  (When we faced
this situation with Paulina Peak, not once but twice, at least back then
we were able to come up with compromises and the ride went on--and we were
made aware that AERC would have allowed us to make an emergency trail
change to a new location on the same date, if nothing else was
changed--same manager, same distances, etc.  I believe that is still the
case with AERC--someone correct me if I'm wrong--but the USFS regs have
now become so ridiculous that using an alternative trail at the last
minute is blocked by them, at least as they are interpreted in central
Oregon.)  The situation will continue to get worse, since so few are
willing to take stands on behalf of recreational land users.
The sport and the riders are the losers here.  I hope you don't find
yourselves in Oregon reduced to riding down the road shoulders in the next
few years, but I'll be darned if I'll lift a finger to try to slow the
onslaught of bureaucracy again on your behalf.
Heidi



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