The trial of United States vs. Christine Wallace will be in Tucson on Tuesday September 4 before U.S. District Judge John Roll. Chris is charged by the Coronado National Forest with hiking on Mt Lemmon without paying their $5 access/use fee. 

The Government's Position: The Forest Service says that by declaring Mt Lemmon a High Impact Recreation Area (HIRA) they can charge anyone who does anything within the HIRA, including activities specifically prohibited by law from fees such as parking, accessing undeveloped backcountry, and primitive camping. They have charged Chris with a federal crime for parking her car at a location that has no amenities and going on a hike.

The Defendant's Position: Chris says that the Federal Lands Recreation Enhancement Act prohibits fees for parking and hiking into undeveloped backcountry, whether the parking and hiking occur within a HIRA or not. You can read about the case here.
 
Background: Chris filed a Motion to Dismiss on the grounds that the fee she didn't pay is not authorized in the law. U.S. Magistrate Judge Charles Pyle granted her motion and dismissed the charges. In an extremely well researched and well written decision, he said that the fee prohibitions in the FLREA apply within HIRAs. You can read about the decision here.

The Forest Service appealed Judge Pyle's decision. Since Mt Lemmon's fee program is very similar to other fee programs (Mt Evans, American Fork Canyon, Mirror Lake Highway, Sandia Byway, etc) they knew that to let it stand would kill some of their biggest cash cows. Their appeal was granted by U.S. District Judge John Roll. Judge Roll reinstated the charges and sent the case to trial. You can read more about the appeal here.
 
Next: After several date changes, the trial is now set for September 4 before Judge Roll. The Government is sending a big-gun out of town prosecutor. If Chris is found guilty the case will be  appealed to the 9th Circuit.
 
How to Help: Chris's attorney is serving pro bono but there are out-of-pocket expenses for her travel costs, as well as for filing fees, copying, mailing, etc. Donations can be made by credit card through the AZ No Fee website. You can mail checks to Chris Wallace Legal Defense Fund, 912A N. 4th Avenue, Tucson, AZ 85705.
 
Kitty Benzar, President
WESTERN SLOPE NO FEE COALITION

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