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Welcome to Free Our Forests' Fee Demo Legal Challenge Fund. This fund has been created to assist the ongoing nationwide effort to stop Fee Demo.
A contribution of ONLY one dollar (or more) is asked from each and every person opposed to Fee Demo. All funds received will be used to benefit the designated legal actions Fee Demo listed below. If everyone opposed to Fee Demo contributed just one dollar, it would mean thousands of dollars could be put to use to challenge Fee Demo in the courts. Please donate today and help put an end to Fee Demo.
Fee Demo Legal Challenge Fund
c/o Free Our Forests
P.O. Box 411
Ojai, CA 93024
Unfortunately, donations are not tax deductible.
The on-going case of Mr. Terry Dahl of Santa Barbara, California is now the first and only Fee Demo case to reach the United States Court of Appeals, specifically the 9th Circuit Court. This case is one of the best and most expedient ways to stop Fee Demo - not just in Southern California where Mr. Dahl was cited regarding an Adventure Pass violation, but throughout the country.
Mary Ellen Barilotti, the attorney representing Mr. Dahl, was formerly deputy chief counsel to Santa Barbara County. She is well-recognized in her field and has a lifetime of experience in law. Mz. Barilotti is firmly opposed to the Adventure Pass and Fee Demo, and is providing her legal expertise and services pro bono (i.e., at no cost to Terry Dahl or the public). No matter where you live, aach and every individual who opposes Fee Demo should actively support Mz. Barilotti's efforts by making a donation to this fund. A victory in this case may achieve what no other previous Fee Demo court victories have attempted: putting an end to Fee Demo.
October 21, 1999
Received United States District Court Violation Notice for parking within
the forest without an Adventure Pass, violating Federal Regulation CFR 36
261.15 (failinf to pay recreational fee). Mr. Dahl, using a bicycle for
transportation, was exercising his First Amendment right by passing out
information against the Adventure Pass to forest visitors within the Los
Padres National Forest.
April 21, 2000
Mr. Dahl appeared for arraignment before U.S. Magistrate Willard McEwen,
Jr.in Santa Barbara, California. Mr. Dahl requested to be tried by a federal
judge in Los Angeles and was granted the request by Magistrate McEwen.
November 27, 2000
U.S. District Court Judge Christina A. Snyder refused to dismiss Mr. Dahl's
misdemeanor complaint.
January 9, 2001
Mr. Dahl was tried by Judge Snyder in Los Angeles and found guilty.
December 2, 2001
Mr. Dahl appeared for the penalty phase of his trial and was instructed by
Judge Snyder to pay restitution of $5 on the last one of 11 Notices of
Noncompliance, as well as a court fee of $10.
December 13, 2001
Appeal filed on behalf of Mr. Dahl by his defense attorney Mary Ellen
Barilotti.
October 13, 2002
9th Circuit Court of Appeals issues its unpublished decision that though
the Forest Service may not make a Fee Demo violation a Class B midemeanor
(punishable by up to a $5000 fine and/or 6 months in jail) -- it is only an
infraction punishable by a maximum $100 fine -- they may impose
the fee on any visitors regardless of their activites thereby upholding
Mr. Dahl's conviction.
October 14, 2002
Ms. Barilotti files a motion to reconsider her previous arguments.
In conjunction with Mr. Dahl's appeal, a direct legal action against the Adventure Pass and Fee Demo was filed on September 16, 2002 by Mary Ellen Barilotti. Class action status is being sought in the case on behalf of Frank Lauren, Jeffrey Pine, Robert Bartsch, Deborah Nakamoto, Greg Kappos, David James, and others "similarly situated." In a court of law Mrs. Barilotti hopes to prove that, in implementing Fee Demo, the Forest Service has violated the civil rights of the public as well as various laws previously set into place to preserve public lands and the public's right of free access to those lands. The hope is to generate a court order that will stop Fee Demo within its presently implemented scope. This will affect all Western States under the jurisdiction of the 9th Circuit Court immediately, and unltimately the rest of the country as well.