Way back in March 2024, we first reported on a lawsuit that hauled the National Park Service into court over a cash controversy. At the time, three U.S. citizens filed suit against the park service for the policy of not accepting cash payments for entry into some parks. Some 14 months later, the no cash in national parks suit is still dragging on.
No cash in national parks suit tossed out—then brought back
The suit started out with three plaintiffs—and now there is but one. The original suit was tossed out of court in February when a judge found that two of the filers didn’t have standing. They couldn’t prove that they were harmed, since they’d never been refused access to a park for failing to pay with plastic.
But the case got new life breathed into it when the “last plaintiff standing,” Toby Stover, amended her complaint. Stover says when she tries to get into the Hyde Park, New York, NPS site—the Home of Franklin D. Roosevelt—she can’t shell out $15 in greenbacks. The site only takes credit or debit cards.
Interestingly, another federal agency has been drawn into the “tension over tenners.” Toby Stover’s revised complaint includes information from the Internal Revenue Service. The big tax agency’s chief attorney said that the NPS must “accept cash for payment, citing the very law defendants continue to violate. Plaintiff simply asks this court to uphold it and re-establish plaintiff’s right to tender government currency at Hyde Park or any other national park,” says the court filing.
The filing also essentially points out that, according to the U.S. Constitution, only Congress—not the National Park Service—has the authority to decide what counts as legal tender. Using that power, Congress passed the Legal Tender Statute. That statute says Federal Reserve Notes (cash) must be accepted for all private and public payments. That includes entrance fees at national parks like FDR’s home, even if those parks currently refuse to take cash.
Attorneys’ rhetoric turns up the heat
Things got a bit testy between the two parties. Earlier this month, the government asked the judge to throw out the lawsuit. They questioned whether the plaintiff, Stover, really doesn’t have a credit card. They argued that the law her lawyer is using “does not require the Park Service to accept cash for the services it provides.”
In response, her lawyer fired back, saying, “No U.S. Government Agency has ever had the gall to deny its own money.”
The drama continues, as the judge in the case has given federal attorneys until Friday to come up with a compelling argument that the no cash in national parks case should not just keep on going.
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RVT1211b
I like to pay cash whenever possible but I think this issue can have an easy solution. Since you’re going to spend the money by whatever means you use do this. Get a prepaid Visa/Master Card or whatever (from your bank, CU or Walmart) and use that to pay entry fees. It can still be used for other purposes if needed. The card can be reloaded as needed. I’ve done this a number of time to use as a gas card, kids ski trip to pay for ski rental, hotel rooms, gift cards for grandkids to use.
Terry, this does offer a way around the no-cash dilemma, but there are fees with purchasing gift cards, from $2.95 to $6.95. For some, that would be a non-starter.
Using other payment forms like prepaid debit cards isn’t the point of the lawsuits.
I don’t really have a dog in the fight, rarely using cash, but I see the point.
It’s not only the Feds that are running scared. Many corporations and state and local are trying to deny cash. If it applies to the federal govt. it applies to all entities. Which is what congress intended when the law was enacted. If so the “underground cash economy” will survive and govt. agencies can’t track money.
Americans do NOT want a “Cashless Society” where the government can turn off your “Credits” whenever they want to. US Currency is legal tender and citizens have, and need, the right to control their own wealth.
Unfortunately, this is all being driven due to tax cheats. People are earning income but not paying taxes on it. I know a few who are basically working under the table and pay no taxes. I know others who run small businesses on the side of their normal job, making close to $80k – $100k a year at it and never pay a dime on the income.
Multiply that by a few million people, and you have a significant amount of lost tax revenue.
Thank you, Russ and Tina! Interesting to see the two different aspects of the body known as the federal government engage in a virtual arm wrestling bout with itself. Does seem rather a waste of time in many ways. Although, cashless seems likely to create opportunities to reduce staffing. Have a great day and safe travels!
What ever happened to
“Legal tender for all debts public or private?”
What law exists that mandates the NPS to maintain cash drawers at all locations?
It makes little sense to pay a park worker $40 an hour to drive around and pick up fee envelopes and do bank runs when a payment kiosk can do the same thing with less risk of theft, shrinkage or loss.
“What law exists that mandates the NPS to maintain cash drawers at all locations?”
Why not maintain a cash drawer? They have someone at the gate, don’t they? Then again, what is coming out of our schools now days probably can’t make change.
Have you heard about the USFS is starting to require you to use the Reservation.gov site to pay ALL camping fees, reservation or not? They will not be accepting cash, credit card or whatever. You have to pay through the Reservation.gov app on your phone. Oh, and don’t forget the extra $10 service fee you get to pay Booz Allen Hamilton each time you use it.
Just think, if you hop from campground to campground, or even camp sites within a campground, you get to pay an extra $10 each time you do that.
I think I would rather pay someone to drive around collecting the $$ out of the fee box and having some eyes on what is going on in the campground!!!!!
This is a tough nut to crack! While US currency or coins are legal tender for all debts public and private it would seem the park service is trying to insure against theft in this day and age of – “if you want it, take it” from an element in our country as well as streamline and reduce expenses for controlling, collecting, accounting and all aspects of handling cash. I have used checks for most of my life – until about 4 mos. ago, when I finally realized it was more work than using a debit or credit card. Also, I get interest on my checking account and get rewards on my CC – I win using a interest free CC both ways and less paperwork! Duh! I side with park service on this one.
I see both sides of this coin simultaneously. No dog in the fight but with No Tax on Tips around the corner, some of that underground economy may poke its head up once in awhile. I like using my CC for a lot but then, I would also like incoming being paid with gold.