The U.S. Forest Service says that the ski resort’s operating plan gives it the right to exclude any “skiing device” deemed a risk, harmful to snow quality or not consistent with its business decisions.
Related Post: Snowboarders Sue Alta Ski Area & The US Forest Service
In a motion filed Monday, The Forest Service went on to say that due to federal immunity, the court does not even have jurisdiction to hear the case in the first place.
Last week, Alta asked Benson to find there is “no authority holding that the zone of interest created by the Fourteenth Amendment protects those who stand sideways on snowboards” and toss the lawsuit. Alta’s attorneys also said the U.S. Forest Service permit to use the federal land leaves the private resort free to make business decisions as it sees fit, and it considers snowboarders a hazard to skiers because of a “blind spot” as they travel sideways down ski runs.