Milton Kapner’s letter to his attorney
Summit County, CO Colorado
Dear Attorney Seth Murphy,
I will be sending to you via email a letter that was hand delivered to me by the General Manager of Copper Mountain along with two Summit County Police Officers, the spokesman being a Sergeant Martinez.
Most of it are lies. Children constantly come up to me with a sparkle in their eyes, curious to know more about what I am all about. Parents bring their children up to me to wave or to take their pictures of me.
As for abusive language to the Security Guards, let me specify and sign there names to the accusations. My contention against them is they did everything to intimidate me. I am not easily intimidated.
It has been my understanding that I may climb any mountain owned by the National Forest in my socks if I wish too.
As for the side of the highway, Captain Ron Prater’s officers such as Officer Newsome, Sergeant Maesta, Officer Pekouris have observed me many times on the side of the highway and found nothing objectionable in my “behavior” or “conduct.” I smile and wave. Also, from the Summit County Police, a Deputy Castro and a Deputy Tayler Clancy have both observed me on the side of the highway.
At Copper yesterday I started off under the Gondola where the Emergency Director told me that I could stand. Sergeant Martinez observed me for an hour and saw children on skis coming up to me to talk with me and everyone waving to me from the lift seats.
As for complaints, I have never once seen a child afraid of me. At Keystone, Deputy Mark Watson, and Deputy Tayler Clancy have observed me. Deputy Clancy is a ski instructor unbeknownst to me and has observed me without me knowing and can attest that I have done nothing objectionable in my “behavior” or “conduct” to threaten anyone. My understanding is that any complaints against me should be signed complaints not here-say.
We worked out a compromise yesterday. The General Manager asked me to leave the area all together and to go to the Plaza area where there was very little foot traffic. I said that I would be willing to go to the Lift area a little below the Gondola place on the mountain above the Lift area. Sergeant Martinez agreed to that but I do not think the General Manager was too happy. For I told Sergeant Martinez that I was ready to be arrested and put in jail over this whole issue as I asked for documentation proving their property rights etc.
My understanding is that for a No-Trespass order to be enforceable on so called “private property,” that there must be a gate, or a fence, or a locked door to demarcate where the private property begins. The other issues are manifold as I understand it. One being: what are the rights that Copper may exercise as leasers of National Forest property? Do they have the right to prohibit me from exercising my Constitutional rights on National Forest property that they lease?
Sergeant Martinez responded to my assertion that I was ready to go to jail, that I would not be arrested but agreed to the compromise. I stayed dancing and singing for about 4 hours more around the Lift area, as I arrived at 8:30 AM and left at 2 PM.
I asked Sergeant Martinez who was on duty there, if he could arrange for me to get a ride to the Summit Stage Bus Stop as I was at the American Flyer peak. He offered to take me himself and we had a very nice talk together. I got the impression that he has a lot of respect for me and my courage.
For now, please read the letter I will be sending to you that Copper Mt. hand delivered to me. I will call you on Monday.
Brother Nathanael Kapner
Milton L. Kapner
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