An Oklahoma man seems to have gotten off easy for breaking laws in Yellowstone National Park/Rebecca Latson file
Imagine the trouble you'd get into if you ran an unofficial guiding business in Yellowstone National Park, encouraged visitors to enter thermal grounds that are off-limits, created your own "hot pots" in rivers, and had your clients jump into streams from cliffs in the park where it is illegal to do so.
While government prosecutors wanted Theodore Eugene Garland, a 60-year-old Oklahoma man, to be jailed for a month, face more than $20,000 in fines, and be banned from entering Yellowstone for five years, Magistrate Judge Mark Carman obviously thought that was a bit much.
But the judge's decision to fine Garland just $600, along with ordering a $500 payment to Yellowstone Forever Geological Resource Fund, and ban him from the park through year's end, didn't sit well with many who follow the park's Facebook page.
"Always amazed at how minor the punishment is for national park resource violations," commented Sean Smith. "I'm sure many see the fine and possibly short jail stints as the cost of doing business. It's time to up the punishment for these crimes."
"WOW!" added Phyllis Dickson Johnson. "He got a slap on the hand with a feather! He deserved to be barred from the park for life for starters! This was not an impulsive one-time bad decision but organized and consistent disrespect for the park and the law. And he encouraged others to harm the park as well. Parks better get more serious about these serious offenders before they ruin it for everyone!"
According to the case brought against Garland, the man ran "a social-media page, a podcast, and a guidebook. All three have overlapping pictures and posts about his guided tours in YNP, which violated closures and other park regulations and encouraged visitors to do the same."
Garland was charged with 15 counts of illegal activities and violating national park regulations. The U.S. Attorney's Office in Wyoming wanted the man fined $750 for each count, in addition to another $750 for each count as a Community Service Payment, and sentenced to a month in jail.
After hearing the evidence at a bench trial held on April 7-8, Judge Carman found Garland guilty on seven counts, according to a park release.
Prosecutors try not to criticize judges, realizing they could be found in contempt. But reading between the lines of acting United States Attorney Bob Murray you can sense his displeasure with the sentence.
“Enforcing federal criminal laws for the protection of our national parks’ resources will always remain a priority of the United States Attorney’s office in Wyoming,” said Murray. “That is especially true when a criminal motivated by greed, like Mr. Garland, encourages others to commit more crimes and cause more damage to the treasures of America’s first national park.”
Comments
I can attest to the fact that NPS Administrators prefer to play a role in continously perpetuating self inflicted crisis and then going through the motions of crisis management than to take a stand on anything. Rather than implement and enforce the agency mission statement "to preserve and protect for future generations" they waste time in meetings debating what the mission statement means for the 21st century as the current, "protect and preserve for future generations " evolved from an agency created in 1916. They are reinterpreting the mission statement to make parks more user friendly for tech geeks and wimps who frankly don't belong out in the wild. There are no real consequences for wilful disregard of resources or life in any form. The agency doesn't want to offend anyone other than a few employees who take a stand, especially a long-term seasonal of 15 to 20 years. Long time seasonal employees with integrity find themselves without jobs, silenced and shoved out of the Park while real criminals are reprimanded like privileged frat boys and invited back to reoffend.
This is what is wrong in the USA, criminals and people are to use to doing there thing and do not have pay the price for the deeds they do. You can see it everyday in the news people believe they have rights, and can do anything they want. Then the officials that the peolpe have to protect us do nothing or worse let them go with fines that mean nothing to them because they already have make thousands. It all comes down to the greedy people in this country that onlycare for themselves
Who paid off the judge ??
Oh no! Stacking rocks in a river to make soaking pools, how damaging! And jumping into a river, that must cause irreparable ecological damage! /sarcasm
I bet the same people autistically screeching about this man being let off easy were the ones supporting actual vandals, looters, and rioters being set free last year. The man was trying to make a living by actually doing work, and setting up a few hot pots is ostensibly a land improvement and public service. Live and let live.
Yes, remove Judge and have him do time cleaning up our park.
Shame on the park for Banning American from seeing the best the park has to offer,I think I'll look this guy up at the end of the year.
This man's behavior is destructive and just plain wrong. I am disgusted by the judge's decisions.
He is within his rights to perform such duties under constitutional law whether you or I like it or not. If your legislature and congress up the penalties, then this case would pass on to a higher court. The Constitution bans cruel and unusual treatment, bans the excessive finds. It also says in this case; that fines below a certain point the province of lower courts. The law is aimed at preventing law abuses as happened in Britain before and during the 19th century