Reining in the Law, CCR-4331 Unconstitutional and Discriminatory

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Blackstormhorse said:
Do you believe everything you read? Just because you read one trip advisor bad review. Maybe you should try Yelp. You can't please everyone all the time. try google maps. Why is everyone so negative on this site? I am not perfect and shit happens. Little do you know I am fighting for your rights, not mine. Read the whole document below and you will see the truth.
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^^ The above is posted at the bottom of every page and was also given to you to read when you joined. Read it.

Also refrain from using vulgar language. It violates the terms of this site.
 
The Designated Trail vs. Guided Ride Doctrine. This doctrine establishes that on all designated trails within California State Parks, riders are restricted to those specific trails that have been clearly marked for use by horseback riders. These trails are set by the park authorities, and it is illegal to stray off them. Whether you are a horse owner or a horseback riding customer, the trail choices are fixed, and riders are free to choose any of the designated trails within the park.

This renders the concept of a "guided ride" completely moot for several key reasons:

  • Designated Trails Are Fixed and Restricted: In California, all trails are designated—meaning there is no flexibility in route choices for any rider, whether on foot or mounted. All riders, whether they own horses or rent them, must stick to the same designated trails. This means there is no practical way for any riding business to "guide" riders in the traditional sense because the riders are already confined to pre-marked trails by state law.
    There are no commercial trails specifically marked for "guided tours." No trail exists where a business can actively guide riders in a manner that would satisfy the conditions under CCR § 4331. Any horse or rider that follows the designated routes is not commercially guided—they are simply riding on the same trails everyone else is. Therefore, the whole concept of a "guided ride" is rendered impossible.
  • The "Guided" Concept is a Legal Fiction: Plaintiff is simply facilitating the safe use of public trails by providing rental horses. There is no "guiding" in the conventional sense, as riders choose their trails. There is no active guidance or instruction—it is a non-commercial activity, and Plaintiff's role is purely safety-related, ensuring that horses are safe, clients are safe, and the public is not disturbed by the horseback rides. This isn't a guided ride, and should not be treated as commercial guidance under the regulation.
 
Suing a government entity is addressed by your state's "tort claims act."

California Tort Claims Act - How to Sue The Government

The California Tort Claims Act (CTCA) is a sovereign immunity law that protects the state government from liability in certain personal injury cases.
www.shouselaw.com www.shouselaw.com

Check out the following search results for attorneys who handle tort claims against government entities.

california tort claims act attorneys at DuckDuckGo

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I'm locking the thread again because there is nothing further that anybody here can do for you.

Please don't post again.

You need an attorney. Full Stop.

Thread lockec.
 
Zigner said:
As you were told in your original thread (Reining in the Law, CCR-4331 Unconstitutional and Discriminatory), you need to speak to an attorney.

There's no need for a second thread.
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I agree, but as the other thread is locked, I will point out that the OP cannot sue the state over this under the state torts claims act since what the OP complains about is not a tort claim (e.g. personal injury, defamation, etc). California's trail rules don't violate the U.S. Constitution nor, so far as I can see, the the CA constitution either, so the OP is off the mark with pursuing a constitutional claim. If the OP has any shot to challenge these rules in court it's going to have be based on CA statutory and/or administrative law and the OP is almost certainly not going to find what possible route he/she may have to challenge it on his/her own. As everyone has advised, the OP needs to take the problem to an attorney in CA to see if there is any realistic chance to get the regulations invalidated in court. I would suggest the OP might fare better trying to get a group of likeminded people together who don't like the present rules and urge the state agency and the legislature to make the rules more to their liking.
 
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justblue said:
lol.. Somehow this thread is under my username. I did not start this thread...just to be clear. ;)
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No worries, I corrected the unusual error.
The real creator of this thread appears in the spot you formerly occupied, numero uno.
 
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