Legal Question in Constitutional Law in Idaho

We in Idaho have a Dep of Fish & game Administrative Rule IDAPA 13.01.08.411 that prohibits only hunters from traveling on open trails on federal owned lands. Anyone that is not a hunter, may travel on a motorized vehicle ATV/OHV on that very trail. Question, in your opinion, does this IDAPA constitute discrimination and as it's written, does it trump federal law that state the trail is open to "all" ATV/OHV motorized vehicle use. I'm wondering if brought before a federal judge will we win the case. Hope you can help. By the way, we have exhausted two yrs and three Bills through the ID legislative process. Most recently ID H542aa made it all the way to the Senate floor and failed to pass there.


Asked on 3/27/12, 4:44 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The rule you describe does not discriminate against a protected class (meaning one based on religion, race, gender, etc.), so it would likely withstand a court challenge on that basis. But if it really conflicts with federal law then the federal law controls.

Note that I have not checked to see whether there is such a conflict.

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Answered on 3/27/12, 4:59 pm


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