Re: Sanctioniong of AERC Rides

[jlong@mti.net (Joe Long)]

On Wed, 9 Dec 1998 07:38:36 -0800 (PST), K S Swigart <katswig@deltanet.com>
wrote:

>This would mean that as long as I don't format my "fun ride" (whatever
>distance it is) in compliance with AERC rules, then I don't have to
>sanction it either.  Good, this means that I can have my 25 mile ride,
>don't call it a Limited Distance Ride, and allow three year olds to enter
>(since then it will make it so I can't get AERC sanctioning), and I can
>hold it with my endurance ride.

I believe it would have to be a different format from an endurance or LD ride,
not just fail to meet some detail.  CTR, of course, is a different format.

>Under that reasoning, ride managers will be able to drive a whole fleet
>(not just the truck that Dane Frazier referred to in his president's
>letter) through the rules and hold unsanctioned rides, not conforming to
>AERC rules in conjunction with their endurance rides.....which, BTW, is
>how I think it should be.

The only real power the AERC has to force ride managers to sanction *all* rides
of any kind is to refuse to sanction their endurance ride.  Due to the AERC's
monopoly position on national sanction of endurance rides, I believe that would
not stand up in court.  There is the precedent of the Les Carr lawsuit where a
judge held that the AERC could not ban him from rides, we could just decline to
record his participation.  Not the same situation, but similar.  If the AERC
tries to refuse sanction to rides with CTR's, and some ride managers filed a
class action lawsuit, I believe the ride managers would win easily.

IOW, the AERC has the legal right to enforce its rules on the rides that it
sanctions, but that does not extend to rides that it does not (and will not)
sanction.  So the AERC can legally say "all endurance and LD rides at an AERC
sanctioned event must be AERC sanctioned" but they cannot say that other
activities, such as CTR's,  may not take place.

-- 

Joe Long
jlong@mti.net
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