3 circumstances, this Court need not analyze the underlying constitutional claims further and thus, should grant Alta’s motion. Finally, the Court should grant Alta’s motion because Plaintiffs cannot overcome the presumption that Alta’s equipment requirement is presumed valid under the controlling “rational basis” test. In fact, the rational basis for Defendants’ conduct is supplied by Plaintiffs’ themselves in their complaint, in which they allege that the equipment requirement is driven by business, safety, customer demographic and terrain concerns. Each of these interests supplies a rational basis that Plaintiffs cannot overcome. For all of these reasons, the Court should grant Alta’s motion and dismiss with prejudice all of Plaintiffs’ claims.
STATEMENT OF FACTS
Plaintiffs are a “group of people . . . who stand sideways on a single ‘snowboard.’” (Compl. ¶ 5.) 2.
The Forest Service is an agency of the federal government. David Whittekiend is a Forest Service supervisor. (Id. ¶¶ 27-28.) 3.
Alta is a privately owned and operated Utah corporation that operates an all season resort partially on Forest Service land near Salt Lake City, Utah. (Id. ¶¶ 26, 43, 47.)
Alta operates its resort under a Forest Service Ski Area Term Special Use Permit (“Permit”) that the Forest Service issued on October 25, 2002. (Compl. ¶ 47; see also Permit, attached as Exhibit A.)
Alta’s Winter Site Operation Plan (“Plan”) states that “[t]o promote safety of employees and persons on the mountain and to avoid interference with operations, uphill and
The following facts are those as alleged by Plaintiffs in their Complaint filed in this action. Alta sets forth these allegations only for the purposes of this Motion.
In a Rule 12(b)(6) motion to dismiss, “‘the district court may consider documents referred to in the complaint if the documents are central to the plaintiff’s claim and the parties do not dispute the documents’ authenticity.’” Alvarado v. KOB-TV, L.L.C., 493 F.3d 1210, 1215 (10th Cir. 2007).
Case 2:14-cv-00026-PMW Document 21 Filed 03/21/14 Page 3 of 30