GRAND TETON NATIONAL PARK — On Dec. 18, the Foundation for Individual Rights and Expression and the National Press Photographers Association filed a federal lawsuit on behalf of Jackson-area photographers Alexander Rienzie and Connor Burkesmith against the National Park Service (NPS) after they were ticketed for violating the federal law prohibiting commercial filming without a permit in Grand Teton National Park (GTNP). Then, on Dec. 19, the Senate unanimously passed the FILM Act, a legislative fix for the issues identified in the lawsuit.
In August 2024, Rienzie and Burkesmith sought a permit to film of Michelino Sunseri’s attempt to break the record for the FKT ascending and descending the Grand Teton, which was denied by GTNP.
Emily Davis, GTNP Public Affairs, previously told Buckrail that “photography and filming permits may be denied for a variety of reasons.”
However, the lawsuit claims that Rienzie and Burkesmith “applied for the permit weeks in advance and proposed using equipment no more intrusive than a typical park tourist’s gear.” The lawsuit, which can be found in its entirety here, points out that “federal law treats commercial filmmakers differently” than the public in national parks and cites this as a violation of civil rights.
According to the text, federal law requires commercial filmmakers to first obtain a permit and pay a fee before pressing the record button, even though “the distinction is not based on any potentially different impact on park use or resources posed by commercial versus noncommercial filming.”
In January 2021, NPS permits and fees for commercial filming was ruled unconstitutional under the First Amendment, but in August 2022 a three-judge panel overturned that ruling after the NPS appealed the decision on the basis that permit fees will raise revenue for maintaining and improving parks and ensure that filming doesn’t harm federal lands or interfere with park visitors’ experiences. Read more about that here.
Now, the EXPLORE Act just passed by the Senate, which includes text of the FILM Act that passed the House in April 2024, no longer requires permits on the basis of a photographer is being paid, when filmmaking takes place in a public area and with a small crew and when it doesn’t impede other visitors or damage natural resources.
“This is fantastic news not just for Connor and I, but for all the outdoor filmmakers who struggled to navigate the outdated and arbitrary permit system,” Rienzie states in a press release. “We called on Congress to act, and they listened. We’re deeply grateful for the legislators on both sides of the aisle that stood up for free speech and the rights of Americans across the country.”
NPS Intermountain Public Affairs Specialist Naaman Horn and GTNP Chief of Staff Jeremy K. Barnum both declined Buckrail‘s request for comment on the pending legislation.
The bill now will now head to President Joe Biden’s desk to be signed into law.
