In the most recent news regarding the lawsuit filed that seeks to lift the ban on snowboarders at Alta Ski Resort, the US Forest Service has sided with the resort. The Utah resort is one of the last in the country that still does not allow snowboarders on its slopes. In January, a group of four snowboarders along with snow sports advocacy group Wasatch Equality filed the lawsuit, claiming the ban violates the promise of equal treatment evident within the 14th Amendment.

Last week, attorneys representing the resort responded with a written brief that asked a federal judge to dismiss the lawsuit. One attorney wrote, “It demeans the Constitution to suggest that the amendment that protected the interests of former slaves during Reconstruction and James Meredith and the Little Rock Nine must be expanded to protect the interests of those who engage in a particularized winter sport. There is no authority holding that the zone of interest created by the [14th] Amendment protects those who stand sideways on snowboards.”

Attorneys also used safety concerns and the fact that Alta is a private resort to assist in arguing the case.

Now, the US Forest Service has stated during court arguments this week that the long-standing rule is both rational and does not violate any constitutional rights, according to the Associated Press.

“Even if plaintiffs established that they are similar to skiers and have been treated differently, they have failed to show that the federal defendants’ treatment of them was irrational,” Forest Service lawyers wrote.

Jon Schofield is one of the attorneys for the snowboarders and told the AP the responses from Alta’s attorneys and the US Forest Service “mischaracterize the complaint,” which will be further explained in an upcoming brief.

“Before bringing suit, we considered every issue raised in these motions, and we believe the case rests on solid legal ground,” he said. According to a 40-year permit between Alta and the US Forest Service that was enacted in 2002, the ski area can restrict skiing devices that pose a risk.

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