SUMMIT COUNTY — When Copper Mountain COO Gary Rodgers presented a letter last weekend to Milton Kapner, better known as Brother Nathaniel, banning him from the resort, Kapner was in the middle of dancing and singing James Brown's "I Feel Good." Rodgers' problem? Kapner's dance floor was on a ski run, and Copper considered that a safety hazard.

The letter included more serious charges. Copper accused Kapner of "verbally abusing" children at the resort, and added that if he was caught "trespassing" on the property again, police would be called. Kapner has been publicly dancing and preaching about Jesus for more than a year now in Summit County, and this was the first such cease-and-desist letter he received. In Silverthorne, where he dances on the sidewalk near the westbound I-70 on-ramp, the police have received no complaints against Kapner, according to Chief Joe Russell, who added: "We appreciate having him here."

After receiving calls from Copper Mountain security and observing Kapner for about 45 minutes on Saturday, two Sheriff deputies stood by Rodgers when he presented the letter. The deputies advised Kapner to "work with them" and find a safer spot. Kapner wasn't so quick to give up his ground. And, when Kapner didn't leave - in fact, he stayed for four more hours around the lift area - the deputies did not make an arrest, nor did they give him a ticket.

"I wanted to see it on paper," Kapner said, calling most of Copper's letter "lies." "I have never once seen a child afraid of me."

Copper Mountain spokesperson Lauren Pelletreau said they gave Kapner repeated warnings that he was standing in an unsafe snowmobile and skier crossing area. When he refused to move, Pelletreau said, "... we had no choice but to exclude Mr. Kapner from the resort property. We believe our guests have the right to enjoy Copper ... and over the course of last weekend, (we) received complaints from guests and employees of Copper who felt threatened."

The question of whether Copper can legally ban Kapner from exercising his constitutional rights could be a First Amendment issue for a judge to resolve, as Kapner plans to continue his "work" in the public and private spaces surrounding the resort. He understands he could be arrested if Copper Mountain calls the police again, and he could be facing trespassing charges, but most likely the charges would be similar to "disturbing the peace."

Sheriff John Minor said his officers always look for informal resolutions to these types of conflict before they arrest anyone. He added that the letter could be legally binding.

"On public property, Brother Nathaniel is free to do whatever he wants to do," Minor said. "He's a decent guy and he's not breaking the law. On private property, everything changes. And with ski areas, it's a private lease on public land, so it's tough for us to determine. We'd talk with the county attorney before we did anything."

Kapner, a Dillon Valley resident, has at least two attorneys, who work mostly pro-bono. Kapner's attorneys are also very careful not to say that what he's doing is completely legal, as First Amendment and private property laws are vague. To be clear, Rodgers' letter to Kapner makes no mention of religion, which could never be used as justification for banishment from public areas.

"On his behalf, he has no intention of either disrupting the business at Copper Mountain, or becoming some sort of safety hazard for skiers," said attorney Stephen Crampton, chief council for the AFA Center for Law and Policy, a First Amendment advocacy group that represents Kapner. "My understanding is, he has not engaged in any behavior that would objectively constitute that safety threat. Yet, a U.S. Forest Service lease would give (Copper Mountain) entitlement to the area, but there are a different set of laws which could play a primary role."

The "different set of laws" Crampton described are public accommodations rights. For example, a business that invites the public - a mall, a theater or state fair - cannot ban people because of their race or, in this case, creed.

Kapner's local attorney, Seth Murphy, helped him resolve the first run-in with Copper Mountain security, when they asked him to move away from the state highway near the free parking lots.

"We looked at what pedestrian rights are on state highways, and as long as he wasn't in traffic, he had a right to be there," Murphy said. "He took a form with him and showed it to the (state patrol), and they agreed, 'You can do what you're doing here.'"

It all changed when he moved closer to the resort property.

An incident at Keystone in late December also involved Sheriff deputies, who asked him to move away from "operations areas" and onto what is clearly public ground. Keystone also gave Kapner a verbal "no trespassing" warning and is exploring warnings similar to Copper's letter. Again, Kapner did not back down, but he said he would try to stay out of the way as best he can.

"Part of it was safety issues, as he was standing where only employees access the lift maze," Keystone spokesperson Amy Kemp said. "We definitely were getting allegations of harassment from guests who said they were verbally assaulted. We, by all means, have been tolerant of him being here ... but we do have a responsibility to our guests to make sure they are not getting harassed."

Kapner's mission, he said, involves improvisational counseling of teens and young adults who approach him with intimate stories, including battles with drug addiction and satanic worship, and he will then find them no matter where they are - in public or private space.

"The resorts are trying to criminalize me, but I feel a commonality with the police," Kapner said. "They are upholding the laws of the nation, and 'One nation, under God' is our Pledge of Allegiance."

Kapner, who spent decades as a salesman for large corporations, including selling sulfuric acid for State Chemical, understands corporate liability and the need for safety, he said.

"Now, as a salesman for Jesus Christ, I operate on a whole new corporate policy," he half-joked. "I will go to jail for Christ. I'll take them all on, little old me with my cross."



Ryan Slabaugh can be contacted at (970) 668-4618, or at rslabaugh@summitdaily.com.