Judge upholds climbing ban at Cave Rock

A federal district court judge has rejected a lawsuit that challenged a U.S. Forest Service management plan to ban climbing at Cave Rock while allowing other public uses.

The rock, a volcano core that straddles Highway 50 between Zephyr Cove and Glenbrook, has expert routes that attract world-class climbers. But the rock is also considered a sacred place by the Washoe Indians.

Under the Forest Service plan, the area will remain open to the public for day use, hiking and picnicking, but not climbing. The closure order, which will involve removal of small metal bolts drilled into the rock for climbing, will be implemented as soon as possible, according to the Forest Service.

"I am gratified with the decision and for the opportunity to finally put an effective management strategy into effect for this important historic resource and Tahoe landmark," said Forest Supervisor Maribeth Gustafson of the Lake Tahoe Basin Management Unit.

The Access Fund, a national rock-climbing association based in Boulder, Colo., filed the lawsuit in 2003 arguing the Forest Service plan is unconstitutional.

"We believe the closure is based really on the religious significance of the rock formation to the tribe," said Paul Minault, a climber and attorney in the Bay Area, who is regional coordinator for The Access Fund. "We think the Forest Service just rolled over by treating public property like private property and giving the tribe the taboo closure they want."

The Forest Service maintains that the purpose of a management plan, more than 10 years in the making, is not to single out climbers, but rather eliminate "adverse impacts on historic resources" and "maintain the integrity of the site and manage Cave Rock for its archeological and historic values, according to Rex Norman, Forest Service spokesman.

The decision, made by Judge Howard McKibben on Friday in Reno, can be appealed, Minault said. But whether The Access Fund will appeal the ruling is unknown.

"That will be determined by The Access Fund's national board," Minault said.

Brian Wallace, chairman of the Washoe Tribe, said a management plan is important to the tribe's 2,000-plus members.

"Many among us waited our entire lives for a moment like today," Wallace said. "Places like Cave Rock and Lake Tahoe really connect us to whole creation and give direct insight into the nature of its realities. It's not just important to future generations of Washoe, but to all the people who love the basin and Lake Tahoe."

Terry Lillenfield, a member of The Access Fund who lives in Meyers, said she is disappointed by the decision because so much effort and negotiation went into finding a common ground that did not involve an outright ban on climbing.

"I don't even climb at Cave Rock anymore, but I do think it should be open to climbers," she said. "I don't think we do any more damage than any other group."

Eric Perlman, a climber from Truckee, called the judge's ruling an injustice.

"A privileged and politically powerful minority, namely the Washoe Indian tribe, has exercised its will over the public at large, including the climbing community," he said. "It will affect all climbers who enjoy Cave Rock. That's the climbing community that encircles the world."

n Gregory Crofton can be reached at (530) 542-8045 or by e-mail at gcrofton@tahoedailytribune.com.