"The Plaintiffs contend that Alta’s snowboard ban violates the Equal Protection Clause of the 14th Amendment, but their theory is far-fetched,” opines Cronheim . ”Stated simply, snowboarders are not a protected class, so the defendants must merely show that they had a ‘rational basis’ for enacting the ban. This is a very low standard and will likely be easy for Alta and the Forest Service to meet."
“Additionally, Alta is one of the oldest ski resorts in the country so there may be a rational basis found in preserving the unique history of the resort. Either of these reasons, along with numerous others, should allow the ban to stand. The Plaintiffs’ lawsuit is almost certainly doomed to fail,” concludes Cronheim.