WASHINGTON, D.C. — The U.S. Tenth Circuit Court of Appeals on Tuesday overturned the conviction of a Colorado man who was accused of violating U.S. Forest Service regulations to promote his outdoor apparel company.
Lesh was accused of violating a Forest Service regulation that banned unauthorized"work activity or service" on USFS lands. At the time, a judge from the U.S. District Court of Colorado ruled that posting those images “constituted selling or offering for sale merchandise or conducting unauthorized work activity on National Forest Service lands." Crime
"We are pleased the Court deemed the regulation’s term ‘work activity’ impermissibly vague as applied to Mr. Lesh. Like many people in modern society, Mr. Lesh is an entrepreneur who engages and promotes himself online via social media. The government’s theory would have criminalized this, and the social media activity of thousands, ‘whose crime would be a photo op on public lands.
In Lesh's case, though he was charged with petty crimes, the possible term of imprisonment exceeded six months. NCLA said Lesh should have been allowed a jury trial and applauded the judges for suggesting that the exception be reviewed.
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