Howdy, I'm old and new to posting please forgive my errors. I'm awaiting double hip replacement surguries. the S.H. National forest abuts my property. I rode the atv into the forest to hunt. I was ticketed in S. Houston NF for ATV riding. Does the Americans with Disabilities Act apply to this situation? I don't need a special wheel chair access, ATV will do ok. Steven

What was the actual ticket for? Was it for riding off trail/cross country or not having an OHV decal?

SHNF regulations show that only on trail use of ATV is permitted-- and since use is permitted but maybe not in the manner you were riding it might be hard to challenge that.

I'm not an ADA expert but an ATV would fall into their "OPDMD" classification which CAN be restricted for safety reasons AND if it is shown there is harm to the environment and natural resources. Since the USFS uses the environmental health claim to restrict riding to on trail use already their reasoning is probably valid and would hold up in court as a restriction.

Lastly- if you have a current disability and wanted to utilize your ATV but didn't first contact USFS for an exception it may not look like you at least attempted to follow the rules. The right answer would probably have been for you to try and get an ADA exception to use your ATV before riding it in, but that is my $.02

Is the ticket written to a local JP court or some Federal version?
If local, talk to the JP and explain your situatiuon. It may, or may not, help but at least you tried.
But I know from personal experience that Fed Fish & Game folks don't cut much slack.

INFORMATION SOURCES
Sam Houston National Forest 394 FM 1375 West
New Waverly, TX 77358 (936) 344-6205
Toll Free 888-361-6908
National Forests and Grasslands in Texas 2221 N. Raquet Street Lufkin, TX 75904
(936) 639-8501
TTY (936) 639-8560
www.fs.fed.us/r8/texas

You need to look at the Motor Vehicle Use Map (MVUM) to see what is open, and what restrictions are in place.

Wondering how your ticket situation resolved. Did you get it worked out?? Hope everything is good now

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