Snowboarders Fight Alta Ski Area Ban

A group of snowboarders argued Tuesday before the 10th U.S. Circuit Court of Appeals in Denver for the right to right to use the slopes of a Utah ski resort. Their lawsuit against Alta Ski Area, located east of Salt Lake City, was filed in early 2014. The legal dispute brings to light a long-simmering feud between skiers and snowboarders.

Lawyers for Alta Ski Area claim that the mountain is not biased against snowboarder — just their equipment.

Attorney Rick Thaler told the court, “if snowboarders have a right to bring their equipment, the resort wouldn’t be allowed to ban toboggans or even snowmobiles from the slopes. This case is about equipment, not people.”

The four snowboarders and their attorneys argue that Alta does not have the right to keep snowboarders off public land designated by Congress for skiing and other sports. They point to the other 119 ski resorts that operate on public land and allow snowboarding for support.

There are two other private resorts that ban snowboarding, including Deer Valley in Utah and Mad River Glen in Vermont. Alta lawyers say that resort officials simply made a business decision to lure skiers with the promise of a snowboarder-free experience. They believe that it is well within their rights to keep snowboarders off the slopes.

The U.S. Forest Service, the organization that approved a permit for Alta, has backed the ski area in the court battle.

The original lawsuit argued that Alta dislikes snowboarders for their purportedly reckless moves, inconsiderate attitude, baggy clothes and language. The judge threw out that lawsuit because he did not believe that snowboarders have a constitutional right to practice their sport and that allowing the lawsuit would create a slippery slope for others to claim discrimination against private companies.

The case is now focused on the equipment and safety concerns. “They say it’s a safety reason. But we can disprove that,” stated Attorney Jon Schofield.

It remains to be seen what will happen with the case this time around. There is no timetable for when the judges might rule on the case. So for now, snowboarders will be forced to ride on other mountains in the area.