Colorado — Once you hear about him, it’s hard not to have an opinion on David Lesh. The former pro skier turned influencer has turned heads over the years over a set of viral posts. While some love him for his free-flowing lifestyle and ability to troll, others hate him for posting provocative photos. This has resulted in legal troubles for him, although it’s starting to look like he’ll make it through mostly unscathed.
The Aspen Daily News reports that the U.S. Court of Appeals for the 10th Circuit tossed out Lesh’s conviction for engaging in unauthorized work activity on public land. He still faces one conviction: riding a snowmobile on closed public lands.
Back in April 2020, Lesh rode his snowmobile at Keystone Resort, which was closed off to the public due to the pandemic. The U.S. Forest Service claimed that Lesh was promoting his apparel company, Virtika, by posting about his snowmobile adventure on Instagram. The U.S. Forest Service requires photoshoots to receive approval to go through them. Lesh claimed that since it was on his personal Instagram page, he wasn’t promoting anything.
Lesh was represented by the New Civil Liberties Alliance, which argued that if his conviction were to remain, other people who took photos on public lands could be prosecuted.
Kara Rollins, who’s the litigation counsel for the New Civil Liberties Alliance, described their argument in this case to the Aspen Daily Times:
“The government’s theory would have criminalized this, and the social media activity of thousands, whose crime would be a photo op on public lands. The decision holds that creating personal content for personal social media pages is not a crime, even if one’s online presence is inseparable from his job.”
According to Vail Daily, the case could eventually head to the U.S. Supreme Court because Lesh never received a Jury trial, which, according to the New Civil Liberties Alliance, is a violation of the Sixth Amendment. This latest court ruling stated that it wasn’t a violation of the Sixth Amendment because it was a petty offense. Lecht and the New Civil Liberties Alliance plan to challenge this portion of the ruling.
His adventures have created some controversy over the years, including some run-ins with the law. In 2019, he went snowmobiling at Independence Pass on the Fourth of July. Motorized use of Independence Pass is illegal, resulting in Lesh taking a plea deal. He was fined and had to do some public service.
Two of the most notable hijinks were when he shared photos on Instagram of him hanging on a log in Mirror Lake and taking a poop in Maroon Lake. Lesh later shared a video on Instagram showing his Photoshopping skills to prove that the images were altered. The Forest Service agreed, resulting in them not charging Lesh with any crimes.
This week, David decided to take a victory lap on his social media account, claiming that his situation was a “clear example of cancel culture.” He described this news as “not just a victory for me, but for basic American freedom and social liberty”
Image/Video Credits: David Lesh, New Civil Liberties Alliance, McKenzie Lange/Grand Junction Sentinel archive
