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State opposes Rubell’s motion to dismiss, trial set for May 23

 The Summit County Justice Center.
Parker Malatesta
The Summit County Justice Center.

Summit County attorneys oppose a Park City Councilmember’s motion to dismiss a disorderly conduct charge.

The lawyer for Park City Councilmember Jeremy Rubell said an argument between his client and a cross country ski instructor doesn’t amount to disorderly conduct because it didn’t occur in a public place.

With that reasoning, attorney Mark Moffat moved to dismiss a disorderly conduct infraction against Rubell in Summit County Justice Court last week.

Summit County attorneys filed their opposition Monday, saying the verbal altercation occurred in a public place.

The disorderly conduct charge stems from an argument Rubell had with a ski instructor from the White Pine Touring Nordic Center in late December.

The exchange, which allegedly included many profanities, happened near one of White Pine’s ski trails, by Rubell’s home.

Rubell and the ski instructor contradict each other’s account of events, and each point to the other as the instigator.

White Pine uses the municipal golf course for cross country skiing in the winter under a contract with Park City. Because White Pine charges a fee to ski, Rubell’s attorney said it can’t be defined as a public place.

But Summit County Attorney Margaret Olson disagreed, using a local bar as an example.

She wrote in the motion: “It can’t be that Disorderly Conduct can occur at the No Name Saloon when there is no cover charge, but not occur when patrons must pay a cover charge.”

A bench trial has been scheduled for May 23. Rubell could be fined up to $750 for the infraction.

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