I think there is a real parallel here between this case and the Discover Pass which, on DNR land, is supposed to be limited to: "department of natural resources developed or designated recreation areas, sites, trailheads, and parking areas." The DNR basically found a loop-hole--the word "designated" and set about creating designated recreation areas on paper only--timberland with absolutely no facilities. I was watching as the original DP law passed and the DNR had a list of designated sites on their website and this list contained only developed areas. Now they are stretching to try to justify their decisions by claiming logging roads are recreation facilities. I think if you got a ticket for parking or driving on DNR land with no real recreation facilities you might be able to challenge our state law in the same way these folks challenged the USFS law.
The issue is the way the Discover Pass bill was written, it is NOT DNR's fault. The bill allowed DNR to "designate" those siteas as "designated rec areas", had they wanted some type of control they (they legislature) could have included in the bill which DNR areas needed the pass or have said that those areas currently managed as DNR rec areas are the only areas that the pass is needed.
To me a "loophole" is something that takes a while to find out, this was in plain english right in the bill.....
