Off-roaders fear possible prosecution over weekend protest

Amy Joi O'Donoghue

Off-road protesters fearing a road closure in the Grand Staircase-Escalante National Monument hit the dirt last weekend in a moment of solidarity to demonstrate that the Paria River corridor should not be the road less traveled.

Now, they say, even though the Bureau of Land Management made no effort to stop them in an area where there were no off-limits signs, photographs of license plates were taken to be used as evidence for possible criminal prosecution.

Lola Bird, spokeswoman for the Utah BLM office, said agents coordinated with the U.S. Attorney's Office prior to the protest and were there to document, photograph and record potential violations.

That information has now been turned over to federal prosecutors for review, she said in a statement.

Shawna Cox, an organizer of the 30-mile ride that she said drew more than 500 participants, believes the agency was less than forthright about how it would react to the event.

"They didn't say we could do it, but they did say they were not going to stop us," she said. "If they'd told us not to go down there, we would not have done it. We had an alternate plan."

At issue is their fear that BLM will start enforcing a ban on motorized vehicles along the corridor, which locals say has been used as a road for more than 100 years.

Those in favor of restricting access say it is in a river bed in an environmentally sensitive area that should be protected.

The dispute over these so-called RS2477 roads boils down to what protesters say has been traditional years-long access that is being thwarted by the federal government.

The Paria River corridor is one of those roads under contention that has been the center of countless legal battles, with counties trying to assert ownership.

A mid-April decision by the 10th Circuit Court of Appeals rejected claims made by Garfield and Kane counties, ruling the claims to the roads were overly vague and had failed to prove actual harm.

Rep Mike Noel, R-Kanab, was at the Saturday protest and said the BLM made no effort to stop any riders, quite a few of whom were older veterans who, without wheels, would not otherwise be able to access the area.

"I told people, If we go out there, be peaceful, and if they stop you, turn around and go back," Noel said, adding that access was never denied.

Noel said that if the protesters are punished, it contradicts legal arguments that have been made in defense of monument plans aimed at protecting the area.

"They're trying to have it both ways," he said, pointing out that environmentalists have long said that access isn't being denied, because the restrictions haven't been enforced. Now, he said, apparently the guns have come out.

Land-use and land-access issues are heating up on both sides of late. Escalating gas prices last summer under the Bush administration galvanized a renewed call to be less energy-dependent on foreign countries, signaling a push for domestic exploration and a relaxation of environmental concerns.

That brought out environmental activists such as Tim DeChristopher, a University of Utah student who monkey-wrenched a BLM auction of parcels for gas and oil exploration, out of protest. He's been charged in federal court and faces up to 10 years in prison if convicted.

Interior Secretary Ken Salazar later rescinded 77 of the parcels offered at the auction — including those DeChristopher bid on — saying they failed the smell test and lack adequate environmental review.

Fearing a shift by the Obama administration, Noel and others arguing for access to and local control of land held by the federal government have reinvigorated a lands-use coalition. Supported by farmers, ranchers, off-road enthusiasts and many rural government leaders, the coalition is planning a "Take Back Utah" march and rally on Aug. 8 in downtown Salt Lake City.

Source: http://www.deseretnews.com/article/705303027/Off-road-protesters-fear-prosecution.html

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