Rubell’s attorney Mark Moffat argued in justice court Tuesday that a verbal exchange between the city councilmember and a ski instructor didn’t constitute disorderly conduct, because it occurred on a ski trail at White Pine Touring.
“Not only does White Pine limit access, but it posts the fact that it limits access by putting up signs at various points of entry onto the track system, that state that it’s for Nordic skiing only," Moffat said. "It states that it’s a fee area. Really important to our motion, it says no public access. These signs warn that there is no public access.”
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.
Under Utah criminal code, a person is guilty of disorderly conduct if they cause a disturbance in a public place.
Prosecutor Brad Bloodworth countered, saying anyone with enough money for a $24 day pass can access the facility.
“I think the most relevant example or analogy to draw is indeed the China Bridge parking garage that is ultimately owned by Park City," Bloodworth said. "At times, it does not charge a fee to park there; after 5 p.m. they usually charge a fee to park there. It is still a public facility regardless of whether or not there’s a fee imposed at the time.”
Bloodworth added that White Pine offers free access to children and people over 75.
Judge Shauna Kerr ultimately bought that argument, and rejected Rubell’s motion to dismiss the case.
“I find that this was a public place, and that the status of the public lands owned by Park City Municipal cannot be changed to private lands just by a leasehold, and a sign that purports to restrict the public, because by their very nature, their skiers are public and are accessing it,” Kerr said.
An in-person trial, which will include witness accounts from both sides, has been scheduled for Aug. 30, 2023 at the Summit County Justice Center.
