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Sunday, September 14, 2008

Media questions Incline Village beach access rule



A seaplane flipping over and sinking into Lake Tahoe Thursday brought the Incline Village General Improvement District’s beach access and First Amendment policies back into the spotlight, a few weeks before the summer season ends for the district’s beaches.

Thursday’s incident was covered by the local and regional media. District officials reiterated the policy, per Ordinance No. 7, that Incline, Ski and Burnt Cedar beaches are “public with restrictions.” Only beach-access residents of IVGID, with their recreation pass or punch card can get into the beaches under the reduced recreation fee. Non beach-access residents must be admitted as guests of beach-access residents and pay an $8 entry fee.

The district’s policy was questioned Thursday by some members of the Reno media.

Brandon Rittiman, a reporter for KTVN Channel 2 News in Reno, and a KTVN photographer tried to gain access at Burnt Cedar Beach and Ski Beach to cover the incident. However, district beach staff and IVGID Parks and Recreation Director Hal Paris did not grant the news team access at either venue.

“It makes no difference whether you’re a Channel 2 news photographer or a Nevada senator or just a visitor — everyone is handled the same,” Paris said. “Everybody, when they come to (the beaches), is required to present their IVGID card. If you don’t have it, you don’t get in.”

IVGID’s beach access policy, outlined in Ordinance No. 7, includes members of the media who are non beach-access IVGID residents, Paris said.

Rittiman and his photographer first went to Burnt Cedar Beach to cover the seaplane mishap, then later went to Ski Beach, where the seaplane was to be towed out of the water.

At Ski Beach, an unidentified IVGID resident approached and offered to have Rittiman and his photographer in as guests, under her recreation pass. The photographer obliged, paid the $8 guest fee and was granted access to Ski Beach.

Once the photographer was recognized as a guest and paid the $8, he was allowed access to Ski Beach, Paris said.

Meanwhile, North Lake Tahoe Bonanza photographer Jen Schmidt and videographer CJ Drago, who earlier had gained access to Burnt Cedar Beach, already had gained access to Ski Beach to record the recovery effort. As Drago and Schmidt are beach-access IVGID residents, they were granted access to both beaches. Schmidt used her IVGID recreation pass, while Drago used his IVGID recreation punch card to gain access.

Bonanza reporter Kyle Magin was granted access to the beaches as Drago’s guest.

The lone exception to IVGID’s beach policy, per Ordinance No. 7, is made for public safety officials, Paris said, which is why members of the Washoe County Sheriff’s Office, North Lake Tahoe Fire Protection District, U.S. Coast Guard and other emergency officials were granted access to both Ski and Burnt Cedar beaches.

Because they were, at the time of access, uniformed and “doing their jobs,” Paris said, they were granted access to the beaches without paying a guest fee.

IVGID General Manager Bill Horn, who wasn’t present during Thursday’s incident, reiterated that point.

“If there is an emergency that requires the sheriff, the fire district or other public safety officials, they have the authority to take over the community,” said Horn, adding that this exception applies to all district venues, not just the beaches. “Those people have access to the beaches without question ... It’s no question that public safety officials don’t need to ask.”

An exception to Ordinance No. 7 is Policy and Procedure 136, the district’s First Amendment policy for all district venues, which was adopted by the IVGID Board of Trustees on April 30. The policy designates certain “public forum areas” within the district where people (whether they have access or not to the public areas) can exercise their First Amendment rights, including the three beaches.

Horn said the KTVN reporters and other non beach-access members of the media could have gained access to the defined public forum areas within Burnt Cedar and Ski beaches.

“All anybody from the media had to say was they were reporting under the First Amendment, and they would have been handed a copy of the policy,” Horn said.

T. Scott Brooke, IVGID’s legal counsel, had a similar response.

“The policy would apply to the press as well as other members of the public,” Brooke said.

Rittiman said Thursday’s incident wasn’t the first time KTVN has come across IVGID’s beach policy; however, Thursday’s situation was different, he said, because of the large potential for personal injury and/or environmental damage.

“From my perspective as a working journalist who was not there to recreate, but rather to do my job, I don’t see the harm in allowing media access,” Rittiman said. “I don’t see how allowing a member of the press access to a beach can jeopardize IVGID’s restricted access policy.”

Rittiman said the policy seemed unnecessary.

“I don’t see how it’s such a big deal, considering there was an emergency, with the potential of people being hurt and the fact there was pollutants in the lake, something everyone up there cares about,” Rittiman said.

Rittiman said he contacted IVGID General Manager Bill Horn via e-mail about the incident, asking Horn to clarify the district’s beach policy in regards to the media.

“He responded that no exceptions can be made,” Rittiman said.

Rittiman said he would like to come to an agreement with IVGID, in the event potential emergencies occur in the future at one or more of the IVGID beaches, so the media can gain free access. He communicated that request to Horn via e-mail.

In Saturday’s phone interview, Horn shared his response with the Bonanza.

“I don’t remember the exact e-mail, but I’ll tell you this. If there ever was a deal to be struck with the press, it would go before the trustees,” Horn said. “As always, the board has the power to make policy, to make procedure and to make ordinances, and staff has to adhere to them.”


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