Dealing with boating access fees

[dubob]

[quote riverdog]I think you have to look at the historical precedent of these rights at the time our country was founded. Then giving the 9 and 10th Amendments and the outcome of court cases upholding and interpreting these rights. Here's a recent court finding; [url "http://www.hoodrivernews.com/ns/news-headlines/8874/nw-forest-pass-fight-local-results-are-in/t_blank"][#0000ff]http://www.hoodrivernews.com/...local-results-are-in[/#0000ff][#0000ff][/#0000ff][/url] . This information along with the Federal Lands Recreation Enhancement Act ( I already linked to ) makes it pretty clear this is a right of all Americans. Maybe a legal expert could put it together a bit better than I did. Remember rights not eluded to in the Constitution shall remain with the people and the state. The Feds can't deny these rights according to our Bill of Rights/Constitutional Amendments.[/quote][font "Comic Sans MS"][#800000]We agree that rights NOT eluded to in the Constitution and Bill of Rights remain with the State and the citizens. What we don’t agree on is your interpretation of what your Hood River link says about the REA and the right of the Federal agencies to collect fees. Here’s a quote from your link.[/#800000][/font]
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[font "Comic Sans MS"][#800000]The court decision is clear: No fees for parking and going on a hike, as long as no developed facilities are used," said Kitty Benzar, president of the Western Slope No-Fee Coalition, a nonprofit working for free public access to public lands who also assisted Fairbank.[/#800000][/font]

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[font "Comic Sans MS"][#800000]Please notice the part where it says ‘as long as no developed facilities are used.’ And then a little further along there was this quote.[/#800000][/font]
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[font "Comic Sans MS"][#800000]The Adams case found that six amenities must be present to require a fee-based pass including: developed parking, permanent toilet facilities, permanent trash receptacles, interpretive signs or kiosks, picnic tables and security services.[/#800000][/font]

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[font "Comic Sans MS"][#800000]This pretty much agrees with the REA link you provided earlier. I think you would have to agree with my assessment that Pineview and Strawberry/Soldier Creek have all the required amenities required in REA to allow a fee structure at these facilities and they are within their lawful right to collect the fees at those facilities. The court that heard the ‘Adams’ case (whatever that was) said it was lawful.[/#800000][/font]
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[font "Comic Sans MS"][#800000]So until some higher court hears that case on appeal, that’s the law. So far I have not addressed a situation like that experienced by Adi Fairbank who took a hike absent any amenities. That’s a whole other discussion topic and I believe the court got it right in that case.[/#800000][/font]
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[font "Comic Sans MS"][#800000]Listen, all I was trying to do with this thread was point out the disparity in a lot of folk’s minds as to what is, or is not, required to gain access to managed fishing areas. Warchild decided to go toe to toe with me over the factual information I provided because he doesn’t like Federal government lawful policies. Well, that’s his albatross, not mine.[/#800000][/font]
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[font "Comic Sans MS"][#800000]We could continue to carry this discussion out further, but I’ve said about all I need too. If you care to ad something further, by all means have at it. But I think I’m done with this one.[/#800000][/font]
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