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BLM will cite defiant ATV rider ( Handicap folks want access, too )
Associated Press ^ | October 18, 2006 | (AP) --

Posted on 10/18/2006 9:46:12 PM PDT by george76

Richard Beardall is getting exactly what he wanted: a trespassing ticket from federal land managers for ignoring the rules and riding his ATV on a closed road in the San Rafael Swell.

Beardall, three other ATV riders and a Jeep, moved a 10-foot barricade near an old uranium mine and made a half-mile roundtrip along the access road to the Muddy River on Saturday.

The Bureau of Land Management closed the area to recreational vehicles in 1993 due to riparian damage, said Price, Utah-based BLM manager Roger Bankert.

Beardall, president of the Americans with Disabilities Access Alliance knows that, but he and others are angry over the closing of public lands, Bankert said.

"He wants the ticket to go to court and challenge the closure," said Bankert, who is in his fourth week on the job.

The citation carries a penalty of about $250 and would have to be challenged before a federal magistrate, Bankert said.

"We did nothing wrong by accessing our county road on our public land," Beardall said Monday. "We plan to plead not guilty."

Beardall, who is disabled and uses a wheelchair, says a legal challenge may be the only way to restore access to much of Utah's public lands to the elderly and disabled who can't access wilderness areas on foot.

No BLM rangers or paid staff were on hand to witness Saturday's ride. A check of the area Monday found no damages caused by the riders, Bankert said.

For now, only Beardall is being cited, but Bankert said he would issue additional citations if he obtained the names of other riders.


TOPICS: Extended News; Government; US: Utah
KEYWORDS: 2477; 529; access; ada; adaa; atv; beardall; blm; clinton; corruption; eminentdomain; g74; nationalpark; nps; npsrs2477; privateproperty; publicland; rebellion; richardbeardall; rs2477; sagebrush; sagebrushrebellion; sanrafael; sanrafaelswell; scotus; sierraclub; usfa; utah
Beardall, president of the Americans with Disabilities Access Alliance ...

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1 posted on 10/18/2006 9:46:13 PM PDT by george76
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To: colorcountry

San Rafael Swell should be some what accessable , too.

IMHO


2 posted on 10/18/2006 9:47:27 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Excuse_My_Bellicosity; Utah Binger

Closing public lands is not nice !


3 posted on 10/18/2006 9:48:34 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Is he trying to do this on his wheelchair? I don't see the discrimination here.


4 posted on 10/18/2006 9:52:33 PM PDT by kinoxi
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To: kinoxi
Apparently he can use his ATV as a wheel chair for access on this dirt road.

He apparently needs a more normal wheel chair to get around inside buildings.

Young strong people can hike 20 to 30 miles per day so they have access.

A disabled or even an older person may not be able to hike those miles.

The discrimination is to deny older and less able people some access on a dirt road.
5 posted on 10/18/2006 9:57:52 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

I understand the concept. Reasonable access should never be denied. I don't know the area so I should probably STFU at this point.


6 posted on 10/18/2006 10:01:09 PM PDT by kinoxi
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To: george76
Umm.. Lost here. If there's no BLM or public officials on hand, where does the citation come from? Did he wander into the BLM office to demand someone ticket him?

As for closing a road for thirteen years? I can see limited closures for transient events, but not wholesale for that long of a time without detailed and extensive review. The road is likely cut every year to maintain access, and cutting a road absolutely has more impact than traveling on the road ever will. Off-road activities should be limited if there is a demonstrable need, but again, just doing it year after year is an unlawful seizure in my opinion.
7 posted on 10/18/2006 10:12:35 PM PDT by kingu (No, I don't use sarcasm tags - it confuses people.)
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To: kinoxi

San Rafael Swell is full of uranium mines and mining roads from the WW II and cold war eras. Some of the mines are still hot.

It is quite dry with some small streams and seasonal ( often dry ) stream beds.

The Sierra Club and friends have been closing down this and other areas. Much of the BLM has been taken over by the greenies and there have been legal fights for a long time. Most of the various counties have county roads that they want to keep open.

Some of the counties are over 90 percent public lands, so to go from small town to town...one has to cross " government " lands.

Recreation has traditionally been hunting, fishing, jeeping, camping, biking, and hiking. Thus the local sheriffs try to keep the rural areas open and the greenies inside the BLM try to keep them closed.

The 529 rule has been very important in keeping the public lands somewhat open.


8 posted on 10/18/2006 10:17:15 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76
not 529.

but RS 2477 Rights:

9 posted on 10/18/2006 10:21:11 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

The Official RS 2477 Rights-of-way Homepage :

Do you enjoy hiking, camping, hunting, fishing, birding, off-road vehicle use, wildlife, mountain biking, backpacking, nature photography, horseback riding, rock hounding, climbing, or any other recreational use of the public lands?


http://www.rs2477roads.com/


10 posted on 10/18/2006 10:22:58 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: kingu

The article did not say, and I do not know, but...

I guess that Richard Beardall turned himself in to force the ticket which should trigger a court case to test weather the BLM violated the RS 2477 Rights-of-way .



" RS 2477 rights-of-way are property rights originally granted by the federal government to establish the transportation network essential to settlement of the western frontier.

Generally, these rights-of-way grants were made to local governments and are held in trust by them for the public. "


11 posted on 10/18/2006 10:27:45 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: kinoxi

The area is south of I-70 near Moab, Green River, and further west in Utah.


12 posted on 10/18/2006 10:29:57 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Sounds nice. Haven't made it that far west yet though.


13 posted on 10/18/2006 10:33:12 PM PDT by kinoxi
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To: kinoxi

Thanks. It is nice.

http://www.cortezjournal.com/archives/1news984.htm


14 posted on 10/18/2006 10:42:25 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

bump.later


15 posted on 10/19/2006 6:54:36 AM PDT by righthand man (WE'RE SOUTHERN AND PROUD OF IT)
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To: george76

Thanks for the ping george.

There are millions of square miles of beauty that are held in reserve for the American people (ALL American People...not just the enviro-wackos.) It should be open and available to people of age, disability, and low income. This is discrimination!!


16 posted on 10/19/2006 6:56:55 AM PDT by colorcountry ( Run with scissors???? I can barely jog my memory)
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To: colorcountry; soccer8

Thanks.

We agree :

" It should be open and available to people of age, disability, and low income. This is discrimination!! "


17 posted on 10/19/2006 7:35:17 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76
Good for Beardall!

There was a massive effort during the Clinton years to close off public lands. Thousands of roads were closed. Areas were then declared roadless in attempts to get them turned into "Wilderness Areas" by the tree huggers. I even remember one incident where a small boy was lost or injured and the rescue helicopter was not allowed to land because of the Wilderness designation. I did my part in the Sagebrush Rebellion. I forced the National Park Service to reopen one road and filed RS 2477 claims on another to interfere with their plans.

18 posted on 10/19/2006 7:35:57 AM PDT by Colorado Doug
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To: Colorado Doug

>I forced the National Park Service to reopen one road and filed RS 2477 claims on another to interfere with their plans.<

Expand on this please.


19 posted on 10/19/2006 7:51:40 AM PDT by B4Ranch (Illegal immigration Control and US Border Security - The jobs George W. Bush refuses to do.)
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To: Colorado Doug

" Good for Beardall! "

Clinton and the Sierra Club were and are terrible.

They are trying to lock up everything.


20 posted on 10/19/2006 9:00:49 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Jack Black

ping for the sage brush rebellion


21 posted on 10/19/2006 9:02:42 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: B4Ranch
This might be a similar example :

http://www.cortezjournal.com/archives/1news984.htm

National Park Service ...road reopened by the local sheriff... RS 2477 claims
22 posted on 10/19/2006 9:09:35 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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