Judge Throws Out Snowboarders Case Against Alta

The Salt Lake Tribune
First Published Sep 23 2014

Judge rejects snowboarders’ suit over ban from Utah's Alta Ski Resort

A federal judge on Tuesday dismissed snowboarders’ claims that Alta Ski Resort banned them because of stereotypes that they are "undesirable people with obnoxious habits and characteristics."

Instead, U.S. District Judge Dee Benson said there are rational reasons for Alta to ban snowboarding, one of only three resorts to do so in the United States.

Benson wrote in a 30-page opinion that federal court was not the right arena for the snowboarders to argue they should be allowed on the Utah resort’s famed runs such as Baldy Chutes.

"There are many forums plaintiffs can resort to in an attempt to accomplish their goal of snowboarding down the Baldy Chutes at Alta," Benson wrote in his decision. "Seeking an injunction from this court is not one of them."

The boarders had sued Alta and the U.S. Forest Service in January, arguing they were being irrationally discriminated against and deserved protection under the 14th Amendment to the Constitution, which historically has been used on cases involving discrimination based on race, gender and sexual orientation.

http://www.sltrib.com/sltrib/news/58447411-78/alta-snowboarders-ban-resort.html.csp

Well, that's good news, because snowboarders are undesirable people with obnoxious habits and characteristics.

Benny Profane wrote

Well, that's good news, because snowboarders are undesirable people with obnoxious habits and characteristics.

What? That's outrageous. Snowboarders have every......hmmmm wait a minute...this thread has been done thousands of times so why do it one more?

Its a good idea to seed your forum Harv, but this is kinda old. Just sayin.

There are many forums you can resort to in an attempt to accomplish your goal of snowboarding down the Baldy Chutes at Alta, but this isn't one of them.

Rick Thaler, a Salt Lake City attorney who represented Alta, said the ban on ’boarders "was simply a business decision that Alta made in order to provide a unique recreational experience for its customers. Its customers have loyally supported this decision for many years."

This is an interesting statement from Alta's lawyer.  Specifically, "Its customers have loyally supported this decision for many years."  

What if the customers supported not allowing children on the mountain?  

Would that be acceptable too?

In my opinion, if the ban is truly predicated upon "undesirable people with obnoxious habits and characteristics." (as claimed by the plaintiff), some skiers would have to be banned also.  That said, in this day and age, pigeon holing snowboarders as the "undesirables" is no longer valid.  At the risk of sounding inflammatory, it doesn't matter what you ride, if you're an obnoxious douche bag, you should be banned from the mountains in general.

For the record, I ride both skis and snowboards.  Skied primarily for 1978 to 1993.  On a snowboard primarily from 1994 to 2012.  On both since 2012.

nepa wrote

What if the customers supported not allowing children on the mountain?  

Would that be acceptable too?

Hmmmmm.........

OK, sounds good.

And fat girls. No fat girls.

This to me was different because I'd never heard about a court being involved.  I never really thought of this as being illegal and I guess one judge agrees.  

The plantiff does make a point about all that other kind of equipment being allowed.  I still don't get spending the time to take this to court. And the thing about "obnoxious" or whatever came from him, not the resort.



The kids thing is happening or at least did happen at one place in SF.  Hey I've got a kid and still would love to be able to to visit a casual restaurant where it's reasonably quiet.  Right now it seems the way to keeps kids out is by making a place fancy or expensive.

http://wtvr.com/2014/07/29/restaurant-bans-noisy-children/

The reason the case was thrown out was that the policy was an equipment restriction.  All these snowboarders could go to Alta as long as they were skiing.  It is not that they don't allow snowboarders, it is that they do not allow snowboards to be used on the trails.  This is no different than requiring a suit and a tie at fancy restaurants.

I would definitely like to see more restaurants adopt the no screaming children policy.  I say that it is quite frustrating when you want to go out to eat and you have to listen to kids screaming the whole time.  Currently, none in my town have this yet, but if one does, they will have my business.

Don't get me wrong.  I am not a proponent of banning anyone from anywhere, as long as their behavior is not negatively impacting the experience of others that are sharing the public space (kids, fat people, snowboarders, etc).  

The key word behavior.  I think the restaurant thing is a bit over the top.  I don't have any kids, but I certainly don't think kids should be banned from any restaurants.

I think kids should be caged until school starts. But, that's just me.

snoloco wrote

I would definitely like to see more restaurants adopt the no screaming children policy.  I say that it is quite frustrating when you want to go out to eat and you have to listen to kids screaming the whole time.  Currently, none in my town have this yet, but if one does, they will have my business.

I don't think it's fair to assume that all kids will begin, and continue to scream as soon as they enter a restaurant.  A flat out ban is totally unfair.  I live in a small town, and I don't eat out much, but I am sure that there are well behaved kids in restaurants.  Just like there are well behaved kids and adults riding snowboards at most ski areas.... except Alta and MRG.

Kids are the root of all the problems we have in this world. I think they should all be banned from this point forward. If we did this within the next 100 years we would eliminate all wars, famine, global warming, etc. All of the concerns of humanity would be a thing of the past if there were no children.

Benny Profane wrote

And fat girls. No fat girls.

Damnit, Benny, now how am I supposed to get laid?

Dude, just hang out at a Chinese Buffet after your ski day.

There are valid reasons Alta does not allow snow boards.  The nature of their terrain requires long traverses to get to a great deal of their skiable terrain.  Only an exceptional few snowboarders can handle a mile long traverse

Coach Z wrote

There are valid reasons Alta does not allow snow boards.  The nature of their terrain requires long traverses to get to a great deal of their skiable terrain.  Only an exceptional few snowboarders can handle a mile long traverse

Everytime I read a ridiculous statement like this I get that much closer to voting against the snowboard ban at MRG if it comes up for a vote again. I'm currently undecided on the issue for MRG. But these types of statements are utterly ridiculous. Snowboarders can splitboard the traverse, if they are strong they can hack it, or if not, they could ski Alta without doing the traverses (maybe what is the point, but they could, meaning the argument is silly). Alta could ban snowboarders from traverses if boarders mess up the traverse, argument invalidated, simple as that.

The only legitimate arguments for a snowboard ban include culture, image, marketing, and perhaps sales (I would be curious to see if Taos visits went up or down after they lifted their ban but places like Alta and MRG have much more allure due to their bans, IMO, and a retraction might cause more to leave than to come, I don't know).

Coach Z wrote

There are valid reasons Alta does not allow snow boards.  The nature of their terrain requires long traverses to get to a great deal of their skiable terrain.  Only an exceptional few snowboarders can handle a mile long traverse

Visiting Gore riders would have some experience with that.

If you take out the traverses what is the point of skiing / riding  Alta?

You could argue that split boards are really different from regular boards and should be allowed.

I've been on a snow cat op that in certain conditions does not take boarders without split boards due to the traverse issue.

It's the reason boards suck as a tool for most big western mountains with bowls. Try traversing the East Wall at A Basin on a board. Try getting to 40% of the goods at Jackson Hole on one.

Get the rope.