Charges against two Southern California eading Adventure
Pass opponents, Deborah Nakamoto and Bob Bartsch, were dismissed by U.S. attorney Sharon McCaslin
in late January before the scheduled February 6 trial. The prosecutor had accused the defendants of
parking within the Angeles National Forest on August 24 and September 15, 2002 without displaying
an Adventure Pass.
Ms. Nakamoto of Temple City and Mr. Bartsch of Pasadena were displaying 25 and 11 Notices of Non-Compliance (NON) on their vehicles, respectively. The Forest Service believed that this was sufficient proof that the defendants refuse to pay the recreational fee. The defendants' attorney, Mrs. Mary Ellen Barilotti of Los Olivos, California, successfully argued in a motion of dismissal that the defendants were never seen by a forest officer, so there was no proof that the defendants had actually engaged in a recreational activity without a permit.
Ms. Nakamoto and Mr. Bartsch believe that they were singled out because of their active opposition to the Adventure Pass program. They had information displayed opposing the program posted on their vehicles on both of the dates in question. Mr. Bartsch states that the Forest Service does not believe in free speech when people disagree with their agenda and will do anything to discourage them. He has previously received five citations from the Forest Service -- all of which have been dismissed -- while exercising First Amendment rights over the last 4 years.