Can any lawyers chime in on this?
Seems like the NPS actions in closing private businesses are obviously arbitrary and capricious if they are allowing this. Doesn’t this give them a solid cause of action?
I’m not a lawyer, but when I hear arbitrary and capricious used in the correct context, I know lawyers ears perk up. They droop realizing the perpetrator is the US Government, hard to sue, not a private developer. But yes, I’m sure they have a cause of action. I have to think in the context of all these abuses, there’s an underlying legal agreement which either allows or in most cases bars the shutdowns. Wisconsin cited agreements in denying Barry’s attempt to shut down state parks and boat launches on federal land.
Haven't posted for this list for awhile, sorry, I'll correct that. This issue seems relevant, and I wanted to relate my experience.
jsanders2001: How heartless does one have to be to stoop this low?Pentagon Leatherneck :There will be lasting harm to the NPS from the Obama pain strategy. The park rangers have literally become Obama’s brown shirts and the local communities will not forget...If you read the Coyote Blog, you’ll see that Warren Meyers’ company does exactly that for 100 state parks in the Southwest and he actually turns a profit back to the states.
listenhillary: How about a “private” park service? You already must pay to get in “our” national parks. Some are $12.00 to $15.00 last time I went.
Hoboken:This is intentional provocation by Obama
To Leatherneck, I wouldn't blame the rangers, I hope the attitude of most is what I'll post later. But listenhillary, Leatherneck is correct that there's already a great deal of "private" park activity, and it's being shut down. As to the fees, you're right, though $12-$15 sound like daily entry fees, pre campground or backcountry fees. I'll note that the PX at Andrews Air Force is shut down, are are the restaurants. But Barry's golf course remains open, the offered rationale that it's fee based. On that basis, parks should be open.
jsanders2001, as heartless as a community organizer confronting his enemies, in this case the citizens of the United States.
During one of the Clinton era shutdown I was on a week or 10 day long backpacking trip with my son in the southwest. Don't remember all the details, but the attitude of rangers was sad but positive. All told be to go where I want in the backcountry and on park land, not an issue as it is today. Major facilities, lodges and welcome centers were closed, but in one case a ranger told me where to park and how to access a preexisting cut in the fence around a ruin site. He was clear that it's documented it was damaged before I was there, and I've a right to be on park land. He may not have been completely correct, don't know, but it was a nice gesture I enjoyed.
Unlike Parks and Monuments, I don't remember any restrictions in National Forest land, which would be absurd. We were moving around every few days, I recall spending a nite or two in campgrounds which I certain weren't State Parks. Forest campgrounds must have been open.
But that was under Clinton, not a favorite of mine. But he wasn't attempting to extract the last ounce of pain from the citizenry for pleasure. Political gain, sure, he'd do that.