Hiking Is Not A Crime; Done Dirty By Diktat

“What does accessibility mean?

Is there any spot on earth that men have not proved accessible by the simplest means—feet and legs and heart? …

A venturesome minority will always be eager to set off on their own, and no obstacles should be placed in their path; let them take risks, for Godsake, let them get lost, sunburnt, stranded, drowned, eaten by bears, buried alive under avalanches—that is the right and privilege of any free American.”

—Edward Abbey, Desert Solitaire

Apparently the Forest Service threw wet noodles against a wall to see what might stick as justification to close the entire forest.

Their parboiled arguments are foolish and have fallen flat.

They threw the entire boiling pot against the wall trying everything they could think of and made a tremendous hot mess of it.

Incredibly, they said the people are a threat to the forest and the forest is a threat to the people.

Incredibly, they said the people are a threat to the forest and the forest is a threat to the people.

And so under threat of violent force, and exhibiting a remarkable strain of ham-fisted prior restraint, they declared from on high that the forest and the people must be separated for 60 days. 

The Stubbs diktat:

Pursuant to 16 U.S.C. § 551 and 36 C.F.R. § 261.50(a), and to provide for public health and safety, the following act is prohibited within the Los Padres National Forest. This Order is effective from January 13, 2023, at 12:00 PM through March 14, 2023 at 12:00 PM.

Going into or being upon any area of the following National Forest System administrative
units:

a. Monterey Ranger District
b. Santa Lucia Ranger District
c. Santa Barbara Ranger District
d. Ojai Ranger District
. . .
Christopher J. Stubbs
Forest Supervisor
Los Padres National Forest

When we look to the law, 16 U.S. Code § 551, to see the basis upon which authorities claim power to bar the public from public lands, we see its clear intent is the protection of forest and wilderness areas from wanton destruction and plundering. 

This law does not apply to the people they have deployed it against, the common walker of the public wood, who poses no threat of destruction or depredation whatsoever. No threat!

From Cornell Law School:

16 U.S. Code § 551 – Protection of national forests; rules and regulations

The Secretary of Agriculture shall make provisions for the protection against destruction by fire and depredations upon the public forests and national forests which may have been set aside or which may be hereafter set aside under the provisions of section 471 [1] of this title, and which may be continued; and he may make such rules and regulations and establish such service as will insure the objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction;

And so we must ask in disgust:

How does the common hiker pose a threat of destruction or depredation, that they must be prohibited from entry?

Answer the question, Stubbs. You signed your name to it.

That is outrageous! The Forest Service is treating innocent walkers like thieves and rapists.

If we accept the premise of the expulsion we are currently facing, that in our mere presence we pose an unacceptable threat, than it follows that our public lands might be taken from us at anytime anywhere under the pretense of “preserving the forests thereon from destruction.”

The precedent for this is currently being strengthened with this latest blind closure.

Danny Mac at Noozhawk has informed us these closures appear to be happening more frequently and to be more extensive in total reach. 

Why is this extraordinary law of protection necessary for Los Padres National Forest, but not for other forests across the country?

What makes the Los Padres exceptional from other forests?

Of course, the idea hikers depredate or threaten the forest is silly. 

The Forest Service is operating in a parallel dimension unguided by science and insensitive to public health needs. 

They’re using a law clearly designed in its letter, to say nothing of its spirit, to be employed against bad actors who intentionally harm public lands.

Why the hell are they doing this to us?!

They’re turning this law against the innocent walkers and wielding it like a dull weapon to cleave the people from their land. The wound might be healed someday, but the scar will remain.

I’m never letting it go. And I’m never coming back. The Last Straw.

The despicable treatment of recreationists does not go unnoticed. And we will never forget.

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8 Responses to Hiking Is Not A Crime; Done Dirty By Diktat

  1. Anonymous says:

    “A venturesome minority will always be eager to set off on their own, and no obstacles should be placed in their path; let them take risks, for Godsake, let them get lost, sunburnt, stranded, drowned, eaten by bears, buried alive under avalanches—that is the right and privilege of any free American.”

    —Edward Abbey, Desert Solitaire

    Drops mic and the crowd goes wild.

  2. Robert Hazard says:

    The Forest Service, being a branch of the Department of Agriculture, has never had ‘recreation’ as it’s focus. Only through the efforts of the public have campgrounds and trails been developed. Now days Congress, in it’s infinite wisdom, has direct more and more of the FS budgets towards fire suppression and less for recreation. This is in response to the forest fire losses of valuable timber that the loggers want and secondly to protect the trend of the wealthy to build their mansions next to or within the National Forests, Montecito comes to mind.

  3. Larry Tevis says:

    National Forest belongs to us all

    Sent from Mailhttps://go.microsoft.com/fwlink/?LinkId=550986 for Windows

  4. Larry Tevis says:

    Keep being the voice
    Thanks

    Sent from Mailhttps://go.microsoft.com/fwlink/?LinkId=550986 for Windows

  5. They get away with it because nobody brings the legal challenge. Plus, I suspect a good portion of the non-recreating (and even recreating) public don’t disagree with it. They’ve bought in. So here we are.

    • Jack Elliott says:

      Yep. They depend on the disorganization and so powerlessness of the people who are opposed. I’ve written out the opposing arguments for the record and I sent a note to the ACLU. That’s all I can do, aside from continuing to hike the condemned forest in defiance.

  6. Doug Ingham says:

    Barbareno,
    Let’s get some folks together and suggest legislation that specifically exempts casual hiking from this broad overreach. They are probably trying to avoid the inevitable rescue of inexperienced off road idiots or industrious cannabis farmers trying to avoid detection. Dialogue is the way forward.
    Doug Ingham.

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