BOSWELL — For decades, whitewater excursions at Ohiopyle were a rite of passage for campers at Summer’s Best Two Weeks in Jenner Township.
That all suddenly changed five years ago, when state officials began refusing the Somerset County Christian camp access to the river without a commercial guide.
Now, Summer’s Best is fighting back.
The camp filed a lawsuit Tuesday in Commonwealth Court in Harrisburg, contending the state Department of Conservation and Natural Resources is violating the state Constitution by denying its right to use public rafting launches on the Lower Youghiogheny River.
It is seeking a permanent injunction to overturn that policy.
“What’s amazing to us is we have this incredible resource in our own backyard and we’re not allowed to use it,” said Kent Biery, the camp’s executive director, from Harrisburg.
“We’re not looking for anything extraordinary.”
The suit, filed by the Institute for Justice in suburban Washington, names DCNR; Secretary Michael DiBerardinis; Roger Fickes, director of the Bureau of State Parks; and John Hallas, superintendent at Ohiopyle State Park.
“We haven’t seen the suit,” said DCNR spokesman Terry Brady. “Really, we don’t comment on pending litigation.”
Summer’s Best, a nonprofit camp headquartered at Lake Gloria near Boswell, safely conducted the whitewater trips down the Yough from 1969 to 2001.
In 1987, after years of tacit approval, DCNR issued written permission for the camp to use the public launches at Ohiopyle, the lawsuit said.
But in 2001, the agency reversed its position by requiring Summer’s Best to pay one of four licensed commercial outfitters at Ohiopyle to act as guides on the outings.
Camp executives maintain the outfitters operate a monopoly – an “exclusionary cartel” – at Ohiopyle.
“Government on every level imposes itself with greater frequency on even the most innocent areas of our lives,” the camp’s attorneys said in a statement. “In Pennsylvania, that now includes summer camp.”
Based on state figures, about half of the 46,358 boaters at Ohiopyle paid for commercial outfitters; about a quarter used their own rafts or kayaks, and the remainder rented equipment from the outfitters, the lawsuit said.
State officials have said the camp can use the river, but must pay a licensed guide. Under state law, the outfitters are the only businesses allowed to provide for-profit tours of the rapids.
The state contends that, since the camp’s counselors are paid for their work, they’re acting as for-profit guides at Ohiopyle as well.
The camp said it adheres to safety practices more extensive than the state requires of its outfitters. No campers have suffered serious injuries on any trip.
“In all its years of taking campers down the river, Summer’s Best Two Weeks never had an accident more significant than the scrapes, bumps and bruises common to any outdoor activity,” the suit said.
Biery described the excursions as a rite of passage and a chance to instill teamwork and self-confidence in the thousands of campers who annually attend Summer’s Best Two Weeks.
“It’s a very challenging, fulfilling, fun trip that requires a lot of discipline, a lot of team work,” he said. “We use that as an opportunity to build character.
“We don’t get the same experience going down with somebody else.”
Kirk Swauger can be reached at 445-5103 or kswauger@tribdem.com.
Local News
Jenner Township camp suing state over rafting trips
- Local News
-
-
$27.1B budget proposed
Gov. Tom Corbett on Tuesday proposed a budget of $27.1 billion, with no tax increases, deep cuts to higher education assistance and a range of cost-cutting in services for the poor, elderly and disabled.
-
Highlights of Gov. Corbett's state spending plan
Read on to see a bulleted list of Gov. Tom Corbett’s $27.1 billion state spending plan for the year that starts July 1.
-
Universities face steep cuts
State universities still trying to recover from deep cuts last year would have their public funding slashed even further under a budget plan unveiled Tuesday, leading some institutions to warn of a choice between maintaining buildings and offering academic programs students need to graduate.
-
Plan hurts middle class, local Democrats contend
While members of his own party praised Gov. Tom Corbett’s fiscal restraint, some local Democratic lawmakers said the Republican’s proposed budget panders to corporate interests while inflicting pain on the middle class.
-
Senate approves proposed fee on shale drilling
The state Senate voted today to impose a fee on natural-gas drilling in Pennsylvania and expand regulations for the booming industry, a milestone in a debate that has raged in the Capitol for several years.
Senators voted 31-19 to approve the 174-page bill that would fund road work and environmental clean-ups and give local governments the power to decide if the fee would be imposed on their local wells.
“Could we have done better? Supposedly, but it has taken three years to get this far,” said supporter Sen. John Wozniak, D-Johnstown, among a handful who crossed party lines. “It is time to turn the page.” -
Blogging with heart
I've got so much stuff for this Sunday's American Heart Month package, that some of the stories will spill over onto Monday. But I don't know what to leave out, or hold for the next week, so it looks like a double hit this week.
-
Pa. gas drilling fee bill debate ends without vote
Pennsylvania, the only major gas-producing state that does not tax the taking of natural gas from its soil, moved closer Tuesday to imposing a fee on the drilling in the vast Marcellus Shale reserves that have transformed the state in recent years.
-
Detour hurting some Portage businesses
Craig Mazzarese’s business depends heavily on drive-by customers, but since last week fewer drive-bys have been stopping
-
Local airport funding intact
Airport leaders here are breathing sighs of relief after Congress approved funding to support local commercial air service through 2015.
-
With state revenue tight, Westmont seeks school budget input
The Westmont Hilltop school board on Tuesday night held a public forum at the middle school to explain why the district, already one of the most efficient in the state, must raise taxes each year.
- More Local News Headlines
-
Worker Tells 911: Powell 'exploded the House'
Triple Win: Santorum Takes MN, MO, CO
Injured Marine Inspired by Homecoming
No Rape Charges Against Son of NYPD Commissioner
Romney Congratulates Santorum, Focuses on Obama
Paul Says Results Help Him Rack Up Delegates
Egypt's Ruling Generals Play Risky Game With US
Former Komen Exec Defends Funding Cut
Skip the Coffee Cup and Inhale Your Caffeine Fix
Calif. Gay Marriage Ban Ruled Unconstitutional
Jury Selection for Ex-UVa Athlete Enters 2nd Day
Raw Video: Giants Celebrate Another Super Bowl
Cab Driver Helps Wis. Family Escape House Fire
Greek Leaders Seek Deal As Bankruptcy Looms
Bernanke: Recovery Depends on Consumer Spending
Staff Removed at LA School During Abuse Probe
Eastwood in Super Bowl Ad 'Compassionate'
Stranded Fishermen Rescued From Bay of Green Bay
Analyst: Outside Troops Won't Intervene in Syria
Police: Father Planned Deadly Fire for Some Time
