Grand Teton speed trial sparks lawsuit, debate over filming in national parks

JACKSON, Wyoming (WyoFile) — For Jackson-area filmmakers Alex Rienzie and Connor Burkesmith, the August denial of their commercial filming permit to document their speed record attempt on the iconic Grand Teton Peak was the final straw.

Both had been frustrated for years by what they saw as arbitrary limits on their rights to film inside a national park while the rest of the world—tourists, journalists, adventurous locals—were free to film as they pleased.

Their frustration, however, was immediately overshadowed by the media buzz and firestorm of controversy that followed the September 2 time trial. Speed ​​record judges rejected Michelino Sunseri’s fastest time of two hours, 50 minutes and 50 seconds, citing that he had made a U-turn. Sunseri did not deny, but pointed out that previous record breakers had done the same. Grand Teton National Park rangers cited him for trespassing, and the Fastest Known Time website refused to acknowledge his feat.

The grievances of the filmmakers remained unsatisfied through illness. Last week, Rienzie, Burkesmith and the National Press Photographers Association sued the Interior Department and Grand Teton National Park for what they describe as violations of their right to free speech. The Foundation for Individual Rights and Expression – a group of legal advocates for freedom of expression – filed the suit on their behalf. The complaint seeks to overturn the permitting regulations.

“The FIRE lawsuit seeks 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 organization said in a press release.

The very next day, Congress stepped in to save them the trouble of a hearing. The US Senate on Thursday passed the omnibus EXPLORE Act – a package of bills aimed at improving outdoor recreation on America’s public lands and waters. The package includes the FILM Act, which no longer requires commercial permits in national parks only because the photographer is paid as long as the filming takes place in a public area, with a small crew, and does not obstruct other visitors or damage natural resources.

FILM ACT fixes the problems that plagued the permitting process, they said.

“This is fantastic news not just for Connor and myself, but for all outdoor filmmakers who have struggled to navigate the antiquated and arbitrary permit system,” said Rienzie.

The act now heads to President Joe Biden’s desk for signing into law. While it may make the process moot, the case sparks debate about who has the right to film or take photos in national parks in an age when almost everyone ventures outside with a high-tech camera in their pocket.

The National Park Service declined to comment on the specific case because of the litigation, pointing WyoFile to its Frequently Asked Questions page about the permit application.

The frustrations

Both directors work for Burkesmith-founded Fior Productions. They specialize in documentary and commercial projects about human endeavors in the great outdoors and present themselves as filmmakers who train to keep up with endurance athletes on high mountains in rough weather.

Much of their work, of course, takes place in the Teton Range – which attracts athletes from around the world with its beauty and formidable slopes.

In 2023, Burkesmith and Rienzie faced challenges while trying to get permission to film Jack Kuenzle attempting a Grand Teton record time from the Lupine Meadows parking lot to the summit and back. When they contacted the park service, they said, they learned they had to apply at least 30 days in advance and pay a $325 nonrefundable fee as well as an additional location fee.

They didn’t get the permit, but filmed the attempt anyway, according to the lawsuit. A similar situation happened again in 2024. This time, they applied 30 days in advance, Rienzie said, but the park service said they needed 90 days and instead offered them the opportunity to shoot B roll in October – when Rienzie says the mountain would be far away. too covered in snow to access.

And this time they filmed the speed test without a license.

“We didn’t want to miss it,” Rienzie said. “I mean I put so much into it. Michelino is a good friend. It’s a unique opportunity to make a film about a record that has captivated us both since we climbed the Grand ourselves. And so we took that risk.”

The situation placed them in an incorrect position in the photos, according to the suit.

“Rienzie and Burkesmith were forced to choose between waiting for a permit or risking possible prosecution for unauthorized commercial filming,” the document states.

The duo contacted the National Association of Press Photographers after the 2023 incident and through that organization began working with FIRE. The hope then was that the park service would grant them future permits, Rienzie said. But they were willing to take action if the rangers rejected them again, which they did.

“Fee and permit laws and regulations – including the cumbersome and arbitrary permitting process, denial of permits, expensive fees, ambiguity about when permits are required, and the potential for prosecution from violating these rules and regulations – frig Rienzie, Burkesmith and other NPPA members from filming in national parks when they otherwise would,” the suit states.

Their photos of the feat on September 2 were published in several media outlets. The park service has not cited either photographer, but they fear penalties.

The process

Current federal law requires a permit for all commercial filming, regardless of crew size or type of equipment. This includes lightweight teams like Rienzie and Burkesmith, who often travel with little more than a handheld camera and a small stabilizer gimbal.

The NPS’s primary focus, however, “is on commercial filming that has the potential to affect park resources and visitors beyond what occurs from normal visitor use of park areas.”

The agency drafted these rules to regulate large Hollywood-style film crews, the suit claims, and is not nimble enough to properly account for small documentary film crews. Additionally, by giving each park broad discretion to consider permit applications, it says, the result is inconsistency in how permits are granted.

“The law’s arbitrary distinctions serve no legitimate governmental interest in protecting national park resources,” the lawsuit states. “If a tourist, a reporter, and a documentary filmmaker were each filming the same sight or event in a national park using the same equipment, only the filmmaker would need to obtain a permit and pay a fee if their purpose was deemed to be “commercial” and not “news gathering”.

The photographers want to film Sunseri’s next FKT attempt and use the 2024 footage in a documentary, but under current law they would risk prosecution, the suit says. They have already reduced the sponsorship opportunities, keeping the filming offline, going on.

The lawsuit sought to overturn the regulations, saying they deprived photographers of their constitutional rights.

legislation

The Expanding Public Lands Outdoor Recreation Experiences Act has been decades in the making and is the result of advocates’ efforts to modernize outdoor recreation policy.

Over the years, it has evolved into a package of outdoor-related bills with implications for everything from wilderness climbing to outdoor community savings.

One of his many pieces is the Federal Interior Land Media Act, which updates permits for film and photography on public lands. The FILM Act eliminates the current permitting scheme, requiring agencies to focus on the actual impact on parking resources – not the type of content created by visitors.

The FILM Act is a key legislative priority for U.S. Sen. John Barrasso (R-Wyoming), according to a Senate press release that called it “a victory for the First Amendment and common sense stewardship of our public lands.”

If it becomes law, it will effectively address the filmmaker’s grievances. FIRE Chief Counsel Bob Corn-Revere said passage of the act under EXPLORE is appropriate given the season.

“Congress just gave the country a tremendous free speech win,” Corn-Revere said in a statement to WyoFile. “Passage of the FILM Act is a victory for filmmakers, storytellers and anyone who values ​​the First Amendment and freedom of speech.”

WyoFile is an independent nonprofit news organization focused on the people, places and politics of Wyoming.