mspurgeo@oucsace.cs.OHIOU.EDU (Mike Spurgeon) (02/08/91)
Re: previous question about status of El Capitan
I received the following letter from Yosemity Skydiving Association
in today's (7 Feb 91) mail.
Dear YSA member: February 2, 1991
I know it's been a long time since you have heard any news, but unfortunately
there has been nothing substantial to report as there has still been no ruling. Although the YSA was never intended to be a newspaper or newsletter, the dread-
fully slow wheels of the justice have undoubtedly left all of you wondering
what is happening. Because of our concern that you may feel that we have
forgotten about our supporters in this effort, this update mailing is being
sent to you.
Our last date in court was mid-October, at which time we wrapped up the final
arguments in our case. Judge Pitts said that he expected to have a ruling
within a month, but has not responded as of this date. Perhaps this is good
news because he could give a "motion denied" response with a very minimal
effort. Pushing the judge for an immediate decision is unlikely to be in
our benefit. We are proud to inform you that our case was well researched
and presented, both in the legal brief and in courtroom verbal proceedings.
Certainly, it would be preaching to the choir to tell you that it is a
clear case of discrimination, but often times good cases are lost because
of the failure to present a clear and concise argument.
It is not a mystery why the Park has disallowed jumping - it's easier on
them to not have to deal with it. In this clear case of discrimination,
hopefully the legal attempts to invalidate their disallowance will be
successful. Each of the stated reasons for disallowing jumping from El
Capitan were refuted, with numerical data presented in the cases of safety
and costs. Environmental and aesthetic reasons given by the Park Service
were refuted based on the allowance of hang-gliding, rock climbing, the
commercial ski resort (including chair-lifts, lodge, etc.) in Yosemity
near Glacier Point, and all of the concessions operated by Curry Company,
including restaurants, bars, hotels, grocery stores, and even an ice cream
stand along the nature trail to Vernal Falls.
Drawing the line at skydiving from El Cap while allowing all of the other
things for reasons of the environment and degradation of the nature exper-
ience for other visitors should seem discriminatory to even non-skydivers.
Certainly, a person walking the trail to edge of El Cap is a nature exper-
ience any environmentalist would encourage, and with proper backcountry
etiquette, results in no environmental impact except footsteps. The jump
from the cliff itself offers no additional environmental impact. Why the
sight and sound of parachutes for a few minutes each day are more offensive
than the round-the-clock parade of Winnebagos, cars, and buses, one has to
wonder about the reasoning.
We apologize that this case has taken so long, and that you have not been
informed as you may like. We have intentionally kept a low profile since
the proceeding have begun, by instruction of our attorney, as press can
sometimes be detrimental in ways that are never foreseen. Be assured
that our commitment to try to open this cliff to legalized jumping continues
as unwavering as ever.
Blue Skies,
Blaine, Tim, Greg, John, and Ron
Mike Spurgeon
Internet: mspurgeo@oucsace.cs.ohiou.edu
.