As has been said, the Devil is in the Details and the jury/judge knows the details better than us, but this brings up an opportunity for me to rant.
What troubles me is that along with the reduction in personal responsibility comes a loss in personal freedom. Pretty soon they just won't open runs if there is a chance a rock or two will show through, if there is a little ice on the moguls, if there are puddles of slush here and there, if it's a little foggy, if it's cold, if it's windy, if it's the day after daylight savings comes off, if the sun isn't bright enough, if it's .......
An example: I for the last five years have been buying a season's pass to my local conservation area. We have about fifteen or so conservation area recreational spots on various lakes and rivers in the region close to my home. For the last five years, my daughter and I have enjoyed swimming at them. Indeed swimming accross the lakes is the main reason I buy my pass. We usually swim up the river to various rocks that we can dive off cliffs to climb and jump off or explore the shoreline, etc. The first year we lived here my 12-year old daughter wanted to swim accross the local man-made lake, so we did (a small lake only about a mile or two accross). We really enjoy going for a swim and not being restricted to the small swimming area. Yesterday we were at one of the areas, and decided to swim accross a small pond (maybe 1/2 a mile) to the other shore. While we were enjoying ourselves quietly approaching a flock of ducks, the authority official felt it necessary to drive around and tell us that we were not allowed to swim in the lake, but only at the beach! It's not a problem with the wildlife being disturbed; you are quite welcome to take your canoe over and disturb the ducks, just not allowed to swim there! I have been swimming accross lakes and rivers for forty years (I sound like my dad
), and now I'm told I'm not allowed to "for my own protection". GIVE ME A BREAK!
I recall back in the 70's looking up a law that gave me the right to access water ways. I wonder if it's still in effect