Close the Liability Loophole, Not the MDC Trails
It's not over 'till it's over: It is now up to the State Legislature to modify the existing Recreational Land Use Act to provide protection to Municipalities that was lost by the rulings in the Conway v Wilton lawsuit. Basically, the term "owner" was narrowed to eliminate Municipalities so that now it includes only private land owners and Public Utilities. There are some things you can do... like ask the the folks running for office if they will support the modification of the existing law to provide protection to Municipalities (which includes the MDC) and to write/contact your state legislators asking them to support the modification efforts. For a more complete overview, please check out Phase II.
Our Message: Keep the MDC Properties open to recreational activities, giving the State Legislature time to address the loophole in the liability law.
Eric and Charlie have been invited to be on Dr. G's show WTIC radio Saturday Aug. 21st between 4:30 and 5:00 .. listen in if you have the time.
MDC Panel Chair Says There Is "No Way" Trails Will Close.. more
Come celebrate “Outdoor Enthusiasts Night” with the Rock Cats. info here:
Tuesday July 20th Great turnout! Some info and vidoes on the "news" link. Written testimony can be sent in through Thursday. T-shirts still available at Fleet Feet. Any $$ above break even will go to CFPA and CT-NEMBA
Online petition ... This is the quickest/easiest way to show your support.
We now have a Facebook presence.
Fox News - tonight 7/19 10:00 and 11:00 news. don't know the exact time.
Channel 30 Interview Tuesday 7/13. will air at 11:00am and 5-6:30am. Replay available here.
T-shirts are coming: North Pole Designs created a logo and Fleet Feet has agreed to purchase and sell (to cover costs). Should be available at Fleet Feet by Saturday july 17th .. in time for the July 20th public hearing. Picture here: I just stopped by Fleet Feet.. T-shirts are on display and available for purchase.
Letter from Matt Reichin (Bloomfield MDC Commissioner Al Reichin's son)
Meeting with the Mayor of West Hartford 7/9
Channel 3 .. at 5:30 Friday/today .. a short segment on the Res will be shown.. did an interview at noon today. Replay available here:
West Hartford Resolution: This has been submitted for the July 27 Council meeting. Mayor Scott Slifka said he fully expects that more councilors will sign on, but with vacations, etc., he has not yet heard back from everyone. He gave us the OK to post the info. It would be great to have the same thing happen in the 7 other towns that get their water from the MDC (Hartford, East Hartford, Bloomfield, Windsor, Wethersfield, Rocky Hill, and Newington)
Hartford Resolution : This resolution was passed at tonight's (July12) council meeting. It was introduced by Luis Cotto and co-sponsored by Jim Boucher and Calixto Torres. Now need the other 6 towns to see if they are so inclined.
Online petition ... This is the quickest/easiest way to show your support.
We now have a Facebook presence.
Recent features by Rick Green at the Hartford Courant have shined a spotlight on a gaping loophole in the state's recreational liability law that must be closed. Towns and municipal entities like the MDC (Metropolitan District Commission), a non-profit municipal corporation, that make their lands available for public recreation should do so without fear of more personal injury lawsuits.
The state's recreational use statute currently provides immunity to private landowners and utilities that permit free access to their properties. However, the protection enjoyed by private landowners has not been fully enjoyed by towns and municipal entities like the MDC for almost 15 years. In 1996, the Connecticut Supreme Court upheld the right of a private individual to sue a municipality when she sustained a leg injury while competing in a high school tennis tournament on a public tennis court in Wilton.
In that case (Conway vs. the Town of Wilton), the Supreme Court also found that 1) municipalities didn't need immunity from liability because they already had some immunity under common law; 2) municipalities were already providing recreation to the public free of charge, so there was no need to incentivize them; and 3) municipal lands were provided to the public through taxes citizens paid, so they were not truly being provided free of charge. The sad effect of this unfortunate ruling has been to slow and sometimes kill the plans of towns that might otherwise provide recreational amenities like trails for fear of liability.
For decades, the MDC has made available for public recreation over 41 miles of trails on the 2,800 acres they own around the West Hartford/Farmington Reservoirs. We are extremely thankful for this recreational gift that the MDC has provided for the public's enjoyment, and we hope the access to this jewel will continue. We ask the state Legislature to do its part by taking action to close the loophole in the state's recreational liability statute. Showing leadership on this matter will help ensure that public lands are enjoyed by the public, and doing nothing will only ensure that more towns will get cold feet and/or consider closing important recreational facilities to avoid litigation.
Links to some of Rick Green's recent features follow:
May 11th Blog:
http://blogs.courant.com/rick_green/2010/05/lawsuit-verdict-may-shut-mdc-r.html
May 28th Article: http://www.courant.com/news/connecticut/hc-green-0528-20100528-16,0,6325795.column .
Contributed by Eric Hammerling, Executive Director of the Connecticut Forest & Park Association and a resident of West Hartford http://www.ctwoodlands.org/