SALT LAKE CITY — When the Carpenter Express Lift broke down at Deer Valley on Christmas Eve, the resort quickly explained what happened.
A recently replaced part that functions much like the drive shaft on a car failed, a resort manager told journalists. The resort also filed a written report to the body that regulates chair lifts and gondolas in Utah – the Passenger Ropeway Safety Committee. It’s a division of the state Department of Transportation.
But when FOX 13 News asked that agency for the Deer Valley report, it denied the request.
That started a months-long process that appears to have changed UDOT policies.
Ski lifts and gondolas carry millions of people a year in Utah. Accidents are rare. In the case of the Carpenter Express, 167 skiers had to be lowered to the ground. No one was injured.
Under state regulations, lift and gondola operators are supposed to quickly file reports after an accident or breakdown.
“In Utah, skiing represents about a $1.5 billion industry,” points out Michael Kaplan, a Park City resident who has taught ski resort management at universities, and who favors the release of such reports.
“It's, of course, in the state's interest to not publicize any mishaps,” he added.
In its initial, written denial to FOX 13 News, UDOT cited a provision in the state’s motor vehicle statutes that exempts accident reports from public disclosure.
When the station appealed, UDOT Director Carlos Braceras again denied the release of the record. Braceras wrote, “…knowing an incident report will be a public record may cause the ropeway operator to avoid telling the entire story or filing the report at all.”
FOX 13 News appealed – this time to the State Records Committee. It’s a public body that hears disputes between requesters and government agencies.
“Allowing the public access to these incident reports could have a chilling effect on the information reported by the ski resorts after an accident,” Brook McCarrick, an assistant Utah attorney general, told the committee.
The station argued that philosophy is not codified in state law. Also, some states, including California, Colorado and Michigan, make such reports public and include descriptions of injuries suffered.
The committee reviewed the Deer Valley records on camera.
When the committee returned to an open meeting, member Nancy Dean said she found problems with how UDOT had categorized the record.
“To me, it looks more like an incident or investigation report; not so much an accident report,” she said.
In some cases, the committee can find the record was properly classified as being exempt from release but can order the record released anyway if it’s in the public interest. The committee also voted to do that.
“Equipment failed and was fixed,” said member Marie Cornwall. “And the public needs to know that.”
The committee voted unanimously to order UDOT to provide the record to FOX 13 News. Both sides had the option to appeal again to the state court.
However, UDOT provided the record to FOX 13 News. There was an accompanying letter from Braceras saying that, from now on, UDOT would not consider such reports to be “protected.”
In other words, the public will have access to reports about ski lift accidents and breakdowns.
If you need help requesting public records from state or local governments or appealing a denial, click here to find a copy of the law, templates and an ombudsman who can answer your questions.