FOR IMMEDIATE RELEASE
SUBJECT; Adventure Pass and Appellate Court.
The U.S. Forest Service can no longer threaten forest visitors who choose
not to purchase or display the Adventure Pass with a criminal offence
carrying excessive penalties. The Appellate Court decision on October 11,
2002 ruled that the violation is not a class B misdemeanor with a maximum
$5000 penalty and/or six months in jail. Instead, the offence has been
reduced to an infraction, which carries a maximum fine of $100 and no jail
time. This is no more severe than a parking ticket. It will not result in a criminal record, nor will it jeopardize the vehicle's
registration.
Ms. Mary Ellen Barilotti, the defense attorney for defendant Terry Dahl of Santa Barbara, is filing a "Motion of Reconsideration" with the 9th Circuit Court of Appeals. Ms. Barilotti believes that the appellate court did not properly consider arguments that the Adventure Pass program is being conducted illegally. She has also stated that this appellate decision will not have any bearing on the Adventure Pass class action lawsuit filed against the Forest Service on September 17, 2002.