OCOTILLO WELLS, CA STATE PARKS LAWSUIT UPDATE

OFFICIAL STATEMENT OF THE TIERRA DEL SOL 4X4 CLUB REGARDING OCOTILLO WELLS SVRA STATE PARKS LAWSUIT

From: Joseph Smith

Sent: Tuesday, August 06, 2013 8:15 PM

Subject: TDS Statement and PDF of State Parks Demurrer

 

California State Parks has filed a response to the lawsuit that wants to limit open riding in the Ocotillo Wells SVRA (OWSVRA). The State has a filed what is called a demurrer. The basic thrust of the demurrer is that Public Employees for Environmental Responsibility (PEER) and The Desert Protective Council (DPC) have improperly invited the court to intervene and tell State Parks how to run the OWSVRA, something the law does not allow.  In order to pursue this lawsuit, PEER/DPC must identify a particular ministerial (non-discretionary) task, required by law, that State Parks has failed to perform; and PEER/DPC has not done so.

The hearing regarding the demurrer is scheduled for December 13, 2013.  If the demurrer is granted, the entire case would be dismissed. Tierra Del Sol's attorney has decided to wait until the results of the hearing are known before moving forward. Keep in mind that we lose nothing by waiting. If the court denies the demurrer and allows the case to move forward we are still able to intervene. This is simply a matter of a couple anti-public access groups wanting to tell State Parks how to do its job. No need to muddy the waters further. Thank you for your continued support and interest! Stay tuned to the TDS website and Facebook page for updates.

CA FOLKS TAKE ACTION ON OHV FUNDS IN TROUBLE

URGENT! California OHV Program In Jeopardy - Urge Governor To Veto Transfer
IMMEDIATE ACTION ITEM -- MANDATORY!


Dear BRC Action Alert Subscriber,
As you know from our previous alerts and updates, the “transfer” (theft) of up to $31 million dollars of your OHV registration fees will have a devastating impact on destination recreation areas that are mostly in rural areas already hit hard by the current fiscal crisis.

There is one last chance to save these programs. The Governor has the ability to veto this proposed transfer from the OHV Trust Fund out of the final budget.

California's OHV community has the numbers to make this happen. Think about it, if every single OHV user in California contacted his office today, millions would call.

Tell your friends, family and any other OHV person you know to contact Governor Brown and urge him to line-item veto any budget proposals that would undermine California State Park’s Off-Highway Vehicle (OHV) Program.

Since there is the chance that emails may be deleted… calls and faxes are best (talking points are below.) Phone: (916) 445-2841 Be brief and polite. (The staff who answer the phone are not the people taking your money.)

If you want to send a fax, click HERE and select the California OHV link under Letter Campaigns.
Thanks,
Don Amador
BRC Western Representative
BlueRibbon Coalition

Dear Governor Brown,
I am strongly urging you to line-item veto the portion of the budget that would transfer up to $31 million dollars from the OHV Trust Fund’s local assistance grant program.  The proposed transfer of funds would have a devastating impact on destination public land recreation facilities.   Recreation staff would be laid off, trails would not be maintained, important resource restoration projects would be tabled, and rural law enforcement officers would be fired.

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The BlueRibbon Coalition is a national recreation group that champions responsible recreation, and encourages individual environmental stewardship. With members in all 50 states, BRC is focused on building enthusiast involvement with organizational efforts through membership, outreach, education, and collaboration among recreationists. 1-800-BlueRib - www.sharetrails.org

CA OHV PROGRAM GUTTED!

CA LEGISLATURE VOTES TO GUT OHV GRANTS PROGRAM TO FEDERAL AND LOCAL PARTNERS


SACRAMENTO (May 31, 2012) -  Earlier today, the Assembly Budget Subcommittee No. 3 on Resources and Transportation voted to steal up to $31 million dollars from the California Off-Highway Vehicle Trust Fund and transfer it to non-OHV related programs.   This pilfering of user-pay funding is part of the “Sustainable Parks Proposal” being championed by the California Parks Foundation, other anti-OHV organizations, and California State Senator Joe Simitian (D-Palo Alto).  

Assemblyman Jared Huffman (D- Petaluma) argued strongly in favor of the plan which he knows will directly impact destination OHV areas throughout the state including nearby units on the Mendocino and Six Rivers National Forests,  the BLM Cow Mountain Recreation near Ukiah, and the BLM Samoa Dunes Recreation Area near Eureka.  Assemblyman Brian Jones (R-Santee) was the lone voice on the committee that opposed the continued theft of trust funds monies.

Don Amador, Western Representative for the BlueRibbon Coalition, states, “I am extremely disappointed that Mr. Huffman has apparently joined ranks with the anti-OHV community in their ongoing efforts to defund the OHV grants program via fiscal schemes such as the Sustainable Parks plan.”

“After witnessing today’s vote, it is clear to me that urban legislators have made the conscious decision to engage in political warfare against rural interests, economies, and local elected officials.  It also daylights the false promises made to special “user fee” programs (e.g. OHV, boating and waterways, special license plates, etc.) that their dedicated funds are protected.  Rather, it points to the fact that those funds will be raided in perpetuity to help mitigate the legislature’s failure to substantively address the state’s fiscal crisis,” Amador continues.

“It is also interesting to note that not one of the Sustainable Parks Program’s proponents had the courage to show up and speak in favor of the plan at today’s hearing.  Equally disappointing was that State Park leadership sat in stone cold silence while this issue was being discussed.  It is a sad commentary on the state of affairs in California,” Amador concludes.

Representatives from the following organizations attended and spoke at the hearing.  Those groups include the California Association of 4 Wheel Drive Clubs, American Motorcyclist Association, American Motorcyclist Association District 36, California Off-Road Vehicle Association, and the BlueRibbon Coalition.

# # #    
BRC NEWS RELEASE
FOR IMMEDIATE RELEASE

CONTACT:  Don Amador, Western Representative
PHONE: 925.625.6287
EMAIL:  brdon@ sharetrails.org

CA PARKS OHV MESS HITS SAC BEE BY DON AMADOR

DON AMADOR CHAMPIONS OHV IN CA FEATURED IN SAC BEE

Governor Brown's firing of Daphne Greene in the State Parks OHV Division is featured by my access partner, Don Amador in the Sacramento Bee.  Daphne is a huge example of a GOOD bureaucrat working to help us keep our trails open and setting an example nationwide for other OHV programs.

Don blogs and talks about how all trail decisions are political decisions, and this decision to fire Daphne was totally WRONG.  Please read and send a letter in to support getting her BACK in the job.

http://thegeneralsrecreationden.blogspot.com/2011/12/sacbee-op-ed-on-browns-decision-to.html

CA: LETTERS NEEDED TO SUPPORT DAPHNE GREENE IN OHV

CA FOLKS PLEASE WRITE A LETTER TODAY AND NEXT WEEK.

Daphne Greene has been one of the best things ever to hit OHV recreation in the State of CA.    She is balanced, fair, extremely intelligent and always on the side of responsible recreation.

PLEASE WRITE a letter for her from our letter-generator that makes it easy and gives you the contact address and everything.

HELP DAPHNE NOW!

The Govenor has terminated her appointment as Dep. Director of the OHV Division, CA State Parks as of December 31st.  Let's load his office with letters saying NO, don't let her GO!  Help Keep Daphne.