Wyoming — Should filmmakers of a record-breaking climb up Grand Teton face fines or jail time? It’s a debate that’s currently brewing among the filming community.
In 2022, friends Alex Rienzie and Connor Burkesmith formed Fior Productions and moved west to Jackson Hole. One of the big projects they’ve worked on is filming attempts to complete the fastest speed record on Grant Teton.
In the summer of 2023 and 2024, Rienzie and Burkesmith filmed two attempts to see the fastest time record on Grand Teton. The first attempt, made by the fastest known time (FKT) holder of Mont Blanc, Denali, and Rainier, was unsuccessful.
The second attempt was made by Michelino Sunseri. Fior Productions wanted to film the event, but the National Park Service (NPS) requires permits for commercial filming and some types of still photography. Fior Productions applied for a permit to film the attempt, but the National Park Service rejected the permit and kept the $325 application fee. The National Park Service said that thirty days wasn’t a sufficient time period to review the permit. The Park Service asked for a sixty-day period to review, but the filmmakers pointed out that the timing to prepare for such a running record is time-sensitive. Not wanting to miss the run, the two filmed the attempt and ended up witnessing history. The timeframe to attempt this speed record is limited because ice and snow often impact Grand Teton. Sunseri recorded a time of 2hr 50min FKT, which broke the record by three minutes. For perspective, the trip up and down takes two to three days for most because of the dangerous trip up.
However, the National Park Service was not happy about this. The Service contacted FastestKnownTime.com, the unofficial arbiter of FKTs, to reject the new record. The NPS claimed that a portion of the trail used by the past five attempted FKT trail runners was closed. However, they provided vague reasons for the closure, and the affected area was not sufficiently marked. In response, Sunseri volunteered to install signage to make clear that this portion of the trail is closed. Instead, Sunseri got charged with a misdemeanor and could face a five-year ban, a fine, and six months of jail time. Rienze and Burkesmith currently do not face criminal charges from the NPS, which they believe to be due to them not yet sharing video footage from the attempt. However, if they were to release the film, it’s been implied that they would face a penalty similar to Sunseri’s.
In response, the Foundation for Individual Rights and Expression (FIRE) filed a lawsuit on behalf of Fior Productions. Both are a part of the National Press Photographers Association, which is a plaintiff in the lawsuit. According to the Hollywood Reporter, the Association released a statement that said the NPS “never fully respected the First Amendment rights of photographers.” Sunseri has attained separate local criminal defense counsel.
An enormous boost to their case is likely coming from the US Congress. Section 125 of the EXPLORE ACT includes the ‘FILM Act’, which would protect smaller groups who want to do filming or photography. The filmmakers called the passing of this legislation a “constructive move” that could helped resolve this situation. However, this likely won’t resolve the charges against Sunseri. For now, the trial date for the Class B misdemeanor case is scheduled for May 20th, 2025.
Grand Teton National Park has not issued a public statement on this matter, as they do not comment on active litigation.
Image/Video Credits: Connor Burkesmith, The Foundation for Individual Rights and Expression, Toan Chu
