Hiker Loses Bid to Skirt $10 Parking Fee at National Forest

The U.S. Forest Service didn’t violate the Federal Lands Recreation Enhancement Act by charging a hiker a $10 parking fee even though he doesn’t use all parking lot amenities, the U.S. Court of Appeals for the Tenth Circuit ruled Friday.

Thomas Alpern argued he was exempt from the fee because he didn’t use amenities such as picnic tables and security patrols while parking in Colorado’s White River National Forest.

But the fact that he uses a developed lot instead of parking along the side of the road or trailside makes the fee valid, the court said.

Use of Security Sufficient

Alpern’s argument centered on a provision under the FLREA that prohibits charging a fee “solely for parking.” He said he parks in the forest’s Maroon Valley area to hike nearby trails, but never using the parking lot’s amenities.

The full wording of the provision specifically prohibits charging a fee “solely for parking ... or picnicking along roads or trailsides,” the court said. Because Alpern parks in a developed parking lot instead of the side of the road, “the exemption does not apply to him.”

The FLREA allows the Forest Service to charge a fee when an area has six amenities: a developed parking lot, a toilet facility, trash cans, interpretive signs, picnic tables, and security services. Alpern inherently benefits from the security services when he parks in the controlled lot, the court said.

“Nothing in the statute requires using all of them,” the judges said. “Any such requirement would be impossible to police.”

If Alpern wants to avoid the fee, the court says he should either take a bus, hitch a ride, or bike into the area.

The court upheld a previous ruling by the U.S. District Court for the District of Colorado and dismissed the case.

Judges Carlos F. Lucero, Gregory A. Phillips, and Nancy L. Moritz served on the panel.

Alpern was represented by the Akland Law Firm and the Bechtold Law Firm. The U.S. Forest Service was represented by Department of Justice attorneys.

The case is Alpern v. Ferebee, 10th Cir., No. 19-01086, 2/7/20.