Fees to Film on Public Lands Tossed for Nonprofit as Suit Proceeds

A federal judge temporarily blocked commercial filming fees on public lands for an outdoor recreation nonprofit but allowed the fees to remain in place for others while a lawsuit plays out.

The order, filed Thursday in the US District Court for the District of Idaho, temporarily exempted the BlueRibbon Coalition from the permits and fees required to film commercial content on public lands. BlueRibbon sued the federal government on First Amendment grounds in November, arguing that the permitting requirement “effectively extinguishes significant amounts of spontaneous speech.”

In his order, Chief Judge David C. Nye said BlueRibbon’s claims had raised “serious questions” that merit further discovery and analysis. But he declined to go as far as enjoining the permitting scheme entirely, denying BlueRibbon’s request that he do so.

BlueRibbon said in its complaint that it refrained from creating content about federal lands while on federal lands because getting the requisite permits was “neither financially nor practically feasible.” The same was true of its members, it said.

In its response, the federal government said permits were necessary to ensure the public benefited from private interests using public lands.

“The regulations help to avoid or minimize impacts to resources and the enjoyment of other visitors from commercial filming,” the government wrote in its brief opposing BlueRibbon’s motion for a preliminary injunction. “They ensure that the public obtains a fair return for filming that occurs on federal lands for private commercial gain.”

Sawtooth Law Offices PLLC and Jones Day represent the BlueRibbon Coalition.

The case is BlueRibbon Coal. Inc. v. Garland, D. Idaho, No. 4:23-cv-00505, Order 6/20/24.