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DO NOT BUY A PASS!
The mere act of purchasing a pass is counted as proof that you support
the fee-demo program. Agencies measure success based upon the number of
customers who continue to use a test site after implementation of the
fee and upon the revenues collected at that test site. If you do not want
to be counted as supporting user fees but are unwilling to accept any
risks associated with being defiant toward this program, then don't use
public lands where fees are being charged.
The fact that the average citizen can't use public lands without appearing
to support fee-demo is the Catch-22 which Congress and its corporate partners
so cleverly built into the fee demonstration program. If you pay, you
are counted as supporting the program. If you do not pay, you are very
likely breaking the law as the law was written. A modern day mob-style
protection racket - either pay some now or pay more later.
If you are using a forest for educational, religious, spiritual, work
related or other non-recreational purposes, or if you are on public lands
to exercise your Constitutional rights, then you need not purchase a recreation
pass. Unfortunately, the burden of proof will likely be upon you. Whether
you are found innocent or guilty with depend upon your ability to present
your case convincingly and upon the personality of the judge who hears
it. Those are the basic rules of the road.
The man or woman who gets a ticket, who fights it in court on the basis
that the program is morally wrong, who is found guilty and is fined, who
refuses to pay the fine, who is found to be in contempt of court and who
accepts jail time because he or she would not pay to walk in the woods
and who does all of the above with the media in attendance, will accomplish
more to defeat the Recreation Fee Demonstration Program than any other
person has done in the entire six years this program has been in existence.
That being said, the following are some loose guidelines for what may
happen should you decide not to purchase a pass and enjoy your public
lands.
EVERYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU!
Before reading the rest of this page, please read the sentence above again!
Thank you.
THIS ADVICE COMES WITHOUT WARRANTY.
We know of hundreds of people
who, collectively, have seen it all. One woman has received 18 notices
without ever receiving a genuine ticket. One man has been to court multiple
times for fee-demo offenses and has won every time. Another was apprehended
at gunpoint and, after being jailed overnight, has never received a trial
date after nearly two years. Another returned from a filed trip with elemntary
school kids to find their vehicle surrounded by Forest Service officials.
The instructor was questioned for over an hour. Two others made it clear
they would embarrass the Forest Service in court and their cases were
dropped at the last moment. After waiting for almost a year, four folks
were threatened with up to $5,000 in fines and/or jailtime only to have
the judge throw out the case because the Forest Service could not prove
that any of them were in the area in question. Another man lost in court
but won big in the press because the fee-demo program was exposed for
the scam that it is. Other persons have lost in court and have nothing
positive to show for their efforts.
THERE ARE NO SIMPLE ANSWERS.
What appears below is some of the
best advice available, but please don't ask for a refund if it doesn't
work for you. We're not lawyers and this is not legal advice.
REGARDLESS OF YOUR PARTICULAR SITUATION, SAVE YOUR ARGUEMENTS FOR
THE JUDGE!
Everything you say can and will be used against you. No
matter how friendly the Forest Service may seem, no matter how passionate
you feel about this issue, the less you say to the enforcing officer(s)
the better. This will be difficult, and they will not make it easy for
you to ignore them, but this is simply the BEST TACTIC. When contacting
the Forest Service, NEVER ADMIT that you did not purchase a pass, that
you refuse to purchase a pass or that you were in the forest for recreational
purposes.
REMEMBER........ Never threaten, touch or otherwise interfere
with the enforcing officers/volunteers. A volunteer can not make you do
anything, but they will call for officials if you do not cooperate with
them. Be polite, be courteous, accept whatever they hand you, and leave.
If you had an encounter with an actual Forest Service employee or volunteer please click here.
If you returned to your vehicle to find a citation, but
never saw or spoke with an employee or volunteer, please
click here.
PLEASE CONTACT US WITH ANY QUESTIONS OR FOR ADVICE!
Across the country, encounters with Forest Service personal and volunteers
are becoming a lot less friendly and informative. (Not everywhere mind
you! But we do get calls, and more calls, and more calls........) As the
Recreation Fee Demonstration Program oozes over the landscape and the
men in green go after your green, their role becomes more one of a meter
maid and less a caretaker of the public landscape. We are constantly amazed
by the amount of trash we pick up - right next to a vehicle with a fresh
citation on it. Enforcing an unpopular program, which pays little more
than the costs of the program itself, has become an unfortunate and DOMINATING
reality for the once proud Forest Service.
It's gotten so bad, that we get calls from people who tell us they stopped
to take a pee in the bushes or perhaps grab a quick glimpse of the sunset,
only to return to their car and find a uniformed officer writing them
a ticket. Hardly a week goes by without someone asking us: "What
should I do?"
"If there is no struggle,
there is no progress. Those of us who profess to favor freedom yet deprecate
agitation are men who want the crops without plowing up the ground. They
want rain without thunder. They want the ocean without the awful roar
of its many waters. Power concedes nothing without a demand. It never
has and it never will."
--Frederick Douglass, activist
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