In March we noted that three people had filed suit against the National Park Service over the agency’s new cashless policy. The policy is being implemented at many sites across the country.
Most recently, RVtravel.com announced that Lake Mead National Recreation Area made the 30th Park Service site that refuses cash payments.
But three folks took issue with the policy and sued to put it to a stop. The National Park Service wants the cashless lawsuit thrown out.
Suit contends “legal tender” rules
The three plaintiffs argue that the Park Service is in violation of U.S. law that “legal tender”—U.S. currency—is suitable “for all public charges.” If successful, the suit would force the Park Service to accept cash for any fees charged to visitors.
The big recreational land agency’s attorneys asked the court to dismiss the whole thing earlier this month. The folks at the Fed argue that the plaintiffs should not be allowed to sue because they have not been harmed by the policy and they do not have the right to bring the case.
Why the Fed contends plaintiffs should not be allowed to sue
“Plaintiffs fail to allege that they personally lack access to non-cash payment methods and thus have not plausibly alleged that they have been harmed by the challenged policy as is necessary to establish their standing to sue,” U.S. Department of Justice attorneys wrote. “Second, Plaintiffs have failed to state a claim on which relief can be granted because the statute on which they rely to characterize the alleged cashless program as unlawful does not require the Park Service to accept cash for the services it provides.”
The federal argument continues, “None [of the plaintiffs] allege that they lacked access to credit or debit cards, or other non-cash methods of payment, and were thus unable to use those forms of payment to satisfy the entrance fee,” according to the motion. “Their contention instead appears to be that they were unable to pay by their preferred method, cash, and ‘chose not to’ pay by other available methods based on principle, namely, their alleged belief that it was ‘their lawful right to pay in cash.’ ”
National Parks wants the cashless lawsuit thrown out—the other side of the coin
There are at least two sides to every issue. The plaintiffs’ attorney quickly responded to the federal demands. “The Motion to Dismiss is astonishingly short and contains many inaccuracies that will be addressed in our opposition that is due June 20,” Ray Flores II told The Center Square, a federal issues media news site formerly known as watchdog.org.
We’ll keep you posted as to the court’s ruling on the Park Service motion.
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That would keep someone from robbing the entrance stations especially in remote areas.
How often are park entrance robberies reported?
Thank you, Russ and Tina! 🙂 Curious. Look forward to how this goes. Thanks for following this! Have a great week and safe travels! 🙂
I love it. Janet’s RV Park News in this letter informs us about the Jennings Festival and they state: “bring cash as the internet does not always work”. and the Nat’l Parks want to go cashless. Struck me funny. Good Old Boys still take cash. HA!
“Legal tender for all ‘debts’, public and private”
Don’t think entry fees are ‘debts’.
Many businesses are going ‘cashless’. Just don’t want the hassle, headaches and responsibilities of dealing with cash.
YMMV
“Many businesses are going ‘cashless’. Just don’t want the hassle, headaches and responsibilities of dealing with cash.”
Yep. Trying to find cashiers that can accurately count back any change due is nearly impossible these days.
I salute these folks for their efforts, but just because cash is certified legal tender, at no place does it say anybody is obligated to accept that tender. Personally, I hate to see the world go cashless but I’m just one person. I do understand from a “fraud” perspective, automating the process and going cashless nearly eliminates all fraud possibilities. I don’t know how much of a factor fraud was in the NPS decision to go cashless.
If you access is controlled by cashless means only, you are also controlled.
What the folks in DC want today is a cashless society where they can more closely track everything we do. What else were the new 68,000 IRS agents hired for? They most certainly were not hired just to audit the few rich people. If so, there would be over a hundred agents available to investigate each millionaire in the U.S.
As long as they improve cell coverage I love it. I hate when people want cash and I also dislike when they don’t have tap pay. Rarely carry a wallet now
The fact that “Plaintiffs fail to allege that they personally lack access to non-cash payment methods…” has nothing to do with the right to use cash at any time. Our currency clearly states that it is “legal tender for all debts, public & private” so making excuses for not accepting cash payments has no legal basis in the question at hand.
“The fact that “Plaintiffs fail to allege that they personally lack access to non-cash payment methods…” has nothing to do with the right to use cash at any time.”
This is exactly right
Since cashless reduces costs by eliminating the multiple daily fee collections, when will camping fees be reduced?
The fees won’t be reduced because when you eliminate daily fee collections, it eliminates the daily ranger visits which encourages site violators to squat, vandalize and elevate the costs even higher thus the frequent discussions on increasing the fees and closing public lands……
Credit card processing charges the merchant a fee for every transaction.
The Russians and the Chinese are always trying cyber attacks on the USA. If successful they can shut down the banking system then only people with cash will be able to pay for anything. You can’t even do a cash deposit or withdraw at a bank without your ID so they report it to the government. The Feds think anyone who uses cash is a criminal.
Pretty certain the US Supreme Court just made the National Park Services’ attempt to circumvent currency law null and void. Our money specifically states it is “Legal for all debts public and private”. Saying ” you have a “credit card or “other sources to pay” ” does NOT pass that test. The case, if the lawyers for the 3 are worth their salt, will point this out and the National Park Service will have to stop the illegal practice…..Hmmmm, law over “feelings”. What a concept! 😉