On Friday Park City Councilmember Jeremy Rubell’s attorney filed a motion to dismiss a disorderly conduct charge in Summit County Justice Court.
The charge was initially a class C misdemeanor, but has since been reduced to an infraction. A person can be fined up to $750 for an infraction, whereas a class C misdemeanor can be punishable up to three months in jail along with a fine.
Summit County Attorney Margaret Olson charged Rubell in January, after a cross country skiing instructor reported the councilmember flipped him off and went on a profanity-ridden tirade.
Rubell says the ski instructor lied. He said the instructor lobbed slurs at him, and has long disrespected his family.
The exchange occurred while Rubell was blowing snow off the back deck of his home, which is located near a White Pine Nordic ski trail at the municipal golf course.
White Pine has a contract with Park City to operate on the golf course during the winter.
Last fall in city council discussions, Rubell urged White Pine to manage overflow parking in the area for safety reasons.
The ski instructor involved in the incident said Rubell threatened to shut down the Nordic center in their argument that occurred in late December.
The motion to dismiss from the city councilmember’s attorney argues that regardless of what was said, there is no evidence it could be heard in a public place, which is required by the disorderly conduct statute.
Summit County Attorney Margaret Olson said her office now has two weeks to file a written response. The defense will then have a week to reply.
A bench trial has been scheduled for later this month. Olson said she’s unsure how the new motion could affect the date.
Rubell listed his house for sale in January.
Rubell's statement of events, written in late December:
The motion to dismiss: