Dear Editor:
The actions of government agents leading to the criminal indictment of the Recapture Canyon protesters ignores two key elements in the case: The original BLM closure was illegal because it violated grandfathered RS2477 rights-of-way across public land; and it was discriminatory because it targeted only people who travel by motor vehicle, and not those on foot or horseback.
The implication is that vehicle people are uniquely destructive and individually responsible for any actions of the group while muscle powered people never have any culpability. This proposition violates a number of Constitutional rights and legal protections afforded by the Congress of the United States.
If the BLM was actually concerned with protecting cultural and historical resources, instead of preparing this land for future Wilderness designation, then it should have been closed to all human entry.
Had this been done, there would have been no need for protests, police action, or indictments. Indeed, closure to all human entry is the only legal and non-discriminatory means for “protecting” public lands, including Wilderness.
I have no doubt the patriotic protesters will win their case on this basis.
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