LAWSUIT: Videographers sue to overturn National Parks Service arbitrary permit scheme

JACKSON HOLE, Wy. Dec. 18, 2024 — Picture three people standing next to each other in Yellowstone National Park. One’s an ordinary tourist, one’s a news reporter, and the third’s a documentary filmmaker. They’re all filming Old Faithful, using the exact same iPhone, and without disturbing anyone around them.

Under federal law, the tourist and the reporter are doing nothing wrong. But the documentarian could face heavy fines — even jail time.

That’s why the Foundation for Individual Rights and Expression today filed a lawsuit on behalf of nature and sports photographers and filmmakers Alexander Rienzie and Connor Burkesmith. FIRE’s suit aims to overturn the National Park Service’s onerous, arbitrary, and unconstitutional permit-and-fee scheme that charges Americans for the right to film in public spaces.

“The national parks belong to the American public,” said FIRE Chief Counsel Bob Corn-Revere. “If you have a right to be there, you have a right to film there. The federal government can’t tax Americans to exercise their constitutional rights.”

Joining FIRE’s lawsuit as co-counsel and co-plaintiffs is the National Press Photographers Association, which represents thousands of visual journalists, including Alex and Connor. Although the NPS exempts filming for “news-gathering” from its permit scheme, the NPPA has for years argued that the law imposes an unfair burden on photographers and filmographers, who can’t always know ahead of time who they plan to sell their work to, or even if they plan to sell it at all.

“For decades, the National Press Photographers Association has been working to support the rights of visual journalists and other photographers to document the beauty of our natural resources and the people who visit and care for them in our national parks,” said NPPA President Carey Wagner. “It is unfortunate that the actions and policies of the National Park Service have never fully respected the First Amendment rights of photographers, and it’s even more disappointing that it has become necessary to take the Park Service to court in order to resolve our members’ concerns. NPPA is enormously grateful to FIRE for taking on this case on behalf of all photographers.”

Alex and Connor wanted to film in Grand Teton National Park in September to document an attempt by an athlete to break the record for the fastest climb up the Grand Teton. They planned to have only two or three people, using small handheld cameras and tripods, on the 16-mile route for the shoot. In fact, to keep up with the fast pace of the speedrun, they would carry less gear than the typical climber going up the mountain.

View video

But under current law, whether a filmmaker needs a permit to film in a national park doesn’t depend on the amount of gear they bring or how disruptive filming might be. The only thing that matters is whether their purpose is “commercial.” The rule could apply to filming a big blockbuster movie near the Grand Canyon (where the scale of the project might justify a permit requirement), but also to a small-time YouTuber who posts a video of their jog through the National Mall.

“Congress wanted to keep big Hollywood productions from taking over the parks and keeping others from enjoying their natural beauty,” said FIRE attorney Daniel Ortner. “But the current law wasn’t written for a world where anyone with a smartphone has a film studio in their pocket.”

Alex and Connor knew they might use the footage to produce a documentary film, so they filed for a permit and explained how small their impact would be. But NPS employees have wide and unquestioned discretion under the law to deny permits. NPS denied the permit on the grounds that it could turn the speedrun into a “competitive event”— and pocketed the non-refundable $325 application fee.

“Independent filmmakers don’t have the resources of the big production companies,” said Connor. “It’s a gut punch every time we throw down hundreds of dollars, only to be denied permits for reasons that are vague, arbitrary, and unfair. As someone who needs to film outdoor sports where they happen, it’s a threat to my livelihood."

COURTESY PHOTOS OF ALEX AND CONNOR FOR MEDIA USE

Alex and Connor were forced to choose between risking prosecution, or letting a potentially historic event go undocumented. For dedicated documentarians like themselves, it was an easy choice: They filmed without the permit in September.

“In the entire time we were up there, we didn’t get in the way of anyone else’s enjoyment of Grand Teton,” said Alex. “To us, the Grand is a very special mountain that we’ve spent countless hours exploring.”

An NPS spokesperson later announced they had determined that Alex and Connor’s actions didn’t meet all the criteria for charges—but if their work had been featured “in a commercial or a catalog or something like that,” it would be “less of a gray area.” Far from settling the issue, the NPS statement effectively signaled that Alex and Connor could still face charges if they ever sell or use their footage.

FIRE and the NPPA are seeking an injunction in the United States District Court for the District of Wyoming to prevent that outcome, and to put a permanent end to a system where individual park employees can deny Americans their First Amendment rights on a whim.

“I chose this line of work because I love the national parks,” said Connor. “Photographers and videographers are the best advocates the parks have; the more people see and understand their unique value, the stronger their desire to protect them. It’s time for the Park Service to stop throwing up roadblocks and work with us, not against us.”

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT:

Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org