Dana Williams’ Impassioned Speech at the Park City Vail Protest
During yesterday’s Park City Vail Resorts trademark protest, former Park City mayor Dana Williams gave an impassioned 3 minute speech on how our community has a good case against Vail Resorts trademarking the name “Park City.” He told us that “we could always make a deal” but that we should not let them trademark “Park City” from the get to. He also says that he doesn’t think either Vail’s contract offered to local companies or the agreement offered by Park City Municipal were good enough.
Below is that video. I apologize that Dana is only visible for part of it. There were just too many people for us to get close and too many signs being held up to block the camera (both good things). However, give it a watch/listen and you’ll likely come away with the conclusion that it’s not just Park City Municipal and Vail deciding this issue… but it’s our entire community….
That’s a good thing.
in Vail
Pictures from Today’s Park City “Vail = Fail” Protest
At least 200 hundred people attended today’s protest against Vail trademarking the Park City name… Maybe 201, if we include Vail CEO, Rob Katz, who was in town to meet with Park City Municipal leaders, and came out and talked to protesters (in a friendly way).
Later today we’ll have the video of Dana Williams speech during the event, but for now, here are some pics:
h/t to Melissa for the correction on Rob’s name
Time to Start the War on Cats
Now that Park City has effectively ended the War on Dogs (bravo) by opening up regulations on off-leash dogs, we suppose it is time to turn our attention to another animal that may actually be wreaking more havoc in our ecosystem.
No, this animal isn’t biting you at Round Valley. It isn’t knocking you off your bike on the Rail Trail… but it is killing the wildlife we all know and love. What animal is it? (Ok, we know you know what animal it is from the title). The CAT!
A reader sent in an article from the Washington Post highlighting the damage cats do to our environment. According to the Washington Post report, “Outdoor are the leading cause of death among both birds and mammals in the United States, according to a new study, killing 1.4 billion to 3.7 billion birds each year.” According to the study cited from Nature Communications, “Researchers estimate that one pet cat kills one to 34 birds a year, while a feral cat kills 23 to 46 birds annually. As a result, the new study provides a wide range of the total bird death count.”
I know that our community’s focus on animal deaths is centered on moose hit by cars. However, is a moose or elk life more important than a bird or marmot? Probably not. Something is still killed that we wished wasn’t so (and for no reason… there is no value in it).
So, do we call for a ban on cats in Park City? Do we start a campaign to eradicate feral cats? No. But it does put priorities in order. We spent years talking about off-leash dogs that anger people (and in some cases have bitten people…although our area’s numbers are below average). However, we haven’t spent one minute discussing a species that has likely killed thousands of wild animals in the past couple of years.
Why not? Good question.
h/t to the reader who sent this in
Too Big to Vail
News in Park City has been skewed towards the fight between Vail Resorts (MTN), the city of Park City, and local businesses that include the “Park City” name. Some clever bastards even added a TM to Park City Hill (Bravo…For those about to rock…we salute you). Word even has it that the Chairman of Vail, Robert Katz, is flying in on Wednesday for a fireside chat.
Of course, that is all interesting. However, like a duck, what may be more interesting is what’s happening under the water.
We’ve started hearing rumors that some organizations are asking their personnel not to speak out against Vail. We aren’t insinuating that Vail is dropping the hammer and telling people to “shut up.” We have no idea where these rumored directives originate.
However, it does highlight a potential problem with companies that both dominate a town and an industry. Should they choose, these companies can wield significant power both directly and indirectly. Let’s take an example from a film that performed horribly at the box office and was generally panned by critics. Yes, the (now) Christmas favorite It’s a Wonderful Life. Remember Mr Potter, played by Lionel Barrymore. He was the banker that “owned” the town. No one ever dared to speak out against Mr Potter. No one ever dared to challenge him. He controlled Bedford Fall’s bank. He controlled the real estate. He controlled the businesses. The only person who ever stood up to him was George Bailey, and we see where that initially got him (the watery side of a bridge). Most people aren’t so lucky as to have a guardian angel give them a second chance.
Of course Park City and Vail aren’t a movie. Yet, that makes the stakes that much higher.
The first danger in Vail controlling too much of Park City is that they may have too much influence on local businesses. Many local businesses, that come to depend on Vail likely would place survival of their company ahead of “making smart choices for the town” when making decisions. Their Vail business becomes a dependency.
Likewise, local non-profits are in the same boat. If a company is providing tens (or hundreds) of thousand of dollars in donations to the non-profit, can members of the non-profit speak their conscious on matters important to the community (especially those where their opinion does not agree with their benefactor)? Let me phrase that a different way, “if you were the head of Park City Ed Foundation, would you ever speak out against Vail on the trademark issue? No!!!… Even if Vail was Mother Theresa, you’d be a fool to do that.
In many ways, we’re overstating the obvious. You don’t bite the hand that feeds you.
This isn’t a slag on Vail. If we were a MTN investor from New Jersey, who had never visited our little town, We’d likely want Vail to find a way to force Park City Municipal to change their name. Vail has a responsibility to its shareholders to maximize profit. We get it. It’s part of the game.
However, as members of the town, we have a vested interest in not allowing Vail to get so big that it can corrupt us. We have a responsibility to our fellow community members to not become so dependent that it prevents us from exercising out first amendment rights.
If Vail were to exit Park City tomorrow, the company would be fine. As we often state, they are the smartest guys in the room. However, the fear is that they stay, grow even bigger, become more intertwined in Park City, and force us to do things we never thought we’d do just to survive.
Having spent hours thinking about it, we’re not sure there is a good way out for our community. As individuals we don’t hold much power. That’s why it is good that Park City Municipal is involved (as long as they protect us and not just themselves). That’s why we wonder if there is a way for the community to replace Vail with regard to funding our non profits. That’s why we think our city and county economic advisors should come up with a way to help our local businesses who may decide to part ways with Vail.
We always think back to the story of Vlasic Pickles and Wal-Mart. The Vlasic story was near the beginning of the hate-Walmart movement (and perhaps with good cause). Walmart sold a gallon (a year’s worth) of Vlasic Pickles for $2.97. The money quote from this 2003 Fast Company article was:
“Indeed, as Vlasic discovered, the real story of Wal-Mart, the story that never gets told, is the story of the pressure the biggest retailer relentlessly applies to its suppliers in the name of bringing us “every day low prices.” It’s the story of what that pressure does to the companies Wal-Mart does business with, to U.S. manufacturing, and to the economy as a whole. That story can be found floating in a gallon jar of pickles at Wal-Mart.”
Or maybe this is the money quote:
“Finally, Wal-Mart let Vlasic up for air. ‘The Wal-Mart guy’s response was classic,’ Young recalls. He said, ‘Well, we’ve done to pickles what we did to orange juice. We’ve killed it. We can back off.’ “
In Vlasic’s case, they had many problems that led to their demise, not just Wal-Mart, yet their story is educational of how a smaller entity sometimes crumbles in the shadow of its overlord.
We in Park City are still in a good position. We have an excellent brand and we are still individuals. If Vail wasn’t here we would still be OK (some would argue we’d be better off). Yet, that may not be true forever …
It’s up to us, as community members, to determine how dependent on Vail we become. There are definite benefits to what Vail provides — and it’s not an all or nothing proposition. We just have to be cognizant of what letting Vail become TOO BIG of a part of our community means. We may choose that it’s worth it… but we need to make sure that decision is a conscious choice.
Where are your kids going to work? What does the future of Park City work look like?
What of my favorite authors is Seth Godin. He has a unique way to looking at the world and distilling it.
Rarely have I read a post as good as Seth’s piece on work. For Park City it provides ideas on everything from the direction our kids should take, to school, to what future jobs in Park City look like.
A few quotes:
“Where did all the good jobs go? They didn’t head to other countries or even down the street. The good jobs I’m talking about are the ones that our parents were used to. Steady, consistent factory work. The sort of middle class job you could build a life around. Jobs where you do what you’re told, an honest day’s work, and get rewarded for it. Those jobs. Where did they go? The computer ate them.”
“Today, it’s possible to build just about anything merely by specifying existing parts, sending them to an assembly shop and accepting delivery. If any provider along the supply chain wants to charge extra for their commodity contribution, the creator can switch suppliers. Today, the typical worker serves the computer. Only a few have computers that work for them.”
If you have 5 minutes this weekend, I would recommend giving it a read. It’s not a new idea but it cuts to the heart of the issues we face.
The Computer and Network Economy
in Vail
Vail Should Give Up the Park City Trademark Fight
It’s pretty simple. Vail needs to give up the Park City trademark fight. It’s not because of the public pressure on Vail, with over 100 businesses contesting its trademark. It’s not the “concern” over a boycott of the Epic Pass by Utah locals. It’s not that former mayor Dana Williams has come out of the woodwork and decided to put his name behind the opposition. It’s no other reason, than it’s the right thing to do.
We at the Park Rag were one of the first people to talk about the Park City Trademark issue this January. We recently updated our website parkcitysucks.com, with our current analysis. The shortened version is… Vail probably has better lawyers, but this fight is in the court of public opinion. Given the arguments Vail has been making, they are going to lose…at least in the court of public opinion. Their argument seems to boil down to something like “we’ll allow any use of the Park City name as long as it isn’t used in conjunction with a ski resort.” The problem is that you can’t ALLOW what isn’t fundamentally yours to dictate. The name Park City is fundamentally all of ours, and not a corporation’s. Vail shouldn’t get to choose.
That said, Vail should not be misconstrued as a bad actor. They purchased the Park City trademark application from POWDR Corp (if you hate Vail for this trademark issue, you should doubly hate POWDR Corp and their owners, the Cumming family, for starting it). Vail bought an asset from POWDR and that asset is worthless unless they defend it. If any of us were in their shoes we may very well make the same decisions they have made.
So, Vail is in a pickle. What do they do?
However, Park City is too. Don’t forget that Vail makes many sizable donations that benefit most of us in Park City.
The fact is that we are all in this together. Vail would have you believe that the world knows PCMR and (The) Canyons as “Park City” and if they ever refer to it as anything other than that and the MTN stock will crash to $99.9 per share. Residents of Park City say, “we’ve always referred to the resort serviced by the town lift as PCMR”… but in reality just a few years back it was commonly called just Park City.
So, it’s a mess. But, what’s the right thing to do? What meets everyone’s needs?
It’s pretty obvious that the term Park City Mountain Resort is the right term for Vail to use.
If you live in Boca Raton, and you hear Park City Mountain Resort, where/what do you think that is? Yep, a ski resort in Park City.
If you live in Park City and hear the term, Park City Mountain Resort, what do you think it is? A ski resort in Park City.
In neither example does anyone mistake the town for the resort.
Park City Mountain Resort is the right term.
Park City Mountain Resort is the right term.
Park City Mountain Resort is the right term.
Park City Mountain Resort is the right term.
Park City Mountain Resort is the right term.
Anything more than that, pushed by Vail, will meet opposition. If so, Vail should expect a boycott of their Epic Pass from locals. Park City residents generally have the time, means, and demeanor to protest what they don’t like. It appears that the term “Park City” is one of those things.
So, how can Vail get out of this mess? As we’ve said before, they need to find a way to endow the name Park City to the town while protecting their use of the name Park City in relation to their resort. They need an arrangement that will ensure that everyone can use the name Park City. If a local wants to start a business called Park City cross country skiing, they should be able to do that. If a local wants to open Park City Ski Shop they should be able to.
Perhaps Vail turns the trademark over to Park City and Park City grants a set of rights back to Vail for the use of the term Park City. That would be the right thing to do.
Yet, it becomes even more of a mess when you factor in the officially granted Utah business names using the words Park City in conjunction with winter sports.
- PARK CITY NORDIC BETTIES SKI EDUCATION LLC
- PARK CITY POWDER CATS & HELI-SKI, LLC
- PARK CITY SKI & SUN
- PARK CITY SKI BOOT LLC
- PARK CITY SKI CHALETS LLC
- PARK CITY SKI EDUCATIONAL FOUNDATION
- PARK CITY SKI HOLIDAYS
- PARK CITY SKI PLACES, LLC
- PARK CITY SKI SCHOOL REUNION
And that’s like 10% of the listings. It’s unlikely Vail could continue to enforce this trademark, based on the public backlash of impacting so many companies. Of course most of those names in the list above likely are grandfathered, and can’t be touched by Vail. However, if it’s any indication of the frequency of using the words Park City along with ski, there are many people who want to do that.
Truly Vail is in an uphill battle.
We hope Vail comes to their senses soon and use their +5 magic to get them out. They are smart. We believe they just need to realize that the current path will not work and hope they decide to move in another direction.
Otherwise, it’s about to get really ugly.
Park City Strikes Back
Me thinks this is getting interesting…
Below is the Park City Municipal press release on the Park City trademark case, as it relates to Vail:
PRESS RELEASE
FOR MORE INFORMATION CONTACT:
Matt Dias, Assistant City Manager 435-615-5180 office
PARK CITY DISAPPOINTED IN VAIL TRADEMARK RESPONSE
City Council to file for another 60-day extension to file Opposition with U.S. Patent and Trademark Office; Mayor to ask City Council to suspend Redevelopment/Base Area talks
Park City, Utah – July 5, 2016
Park City’s Mayor Jack Thomas announced his “disappointment” with the letter Park City received from Park City Mountain Resort Chief Operating Officer Bill Rock regarding the ski area’s “unwillingness to honor their public statements by putting real commitments into a real agreement.” Thomas continued, “The City Council directed our attorneys to simply convert what we heard firsthand and publicly from Vail into a binding agreement. No more, no less. And Vail balked, essentially saying just ‘trust us’ and we ‘will consider’ your concerns down the road. Well that just isn’t good enough.” Park City sought to simply memorialize Vail’s commitments to: 1) not oppose existing municipal and local business use of “Park City”; 2) broadly allow third parties in the future to also use “Park City”; and 3) eliminate confusion with existing municipal and local business signage, advertising, and other coexistence uses. In return, Park City would not oppose the trademark application and would affirmatively allow continued national and international use of the new “Park City” brand.
Park City had previously obtained an extension until July 9, 2016 to file an opposition to the trademark application for the word mark “Park City” by VR CPC Holdings, Inc. (“Vail Resorts”). The City intends to file for another 60-day extension this week. Thomas stated, “I hope the additional time allows both sides to continue to work toward a reasonable solution.” However, the City will continue to prepare its formal opposition to the application. Thomas added, “This narrowing of the mark from “Park City Mountain
Resort “to “Park City” is a new brand for a new product, which culminated from combining two previously distinct ski resorts, and everyone knows it.” Furthermore, Thomas indicated that if progress does not continue toward an agreement, that he intends “to ask the City Council at the July 28th City Council meeting whether the City should continue talks regarding potential collaborative projects in the Lower Park Avenue Redevelopment Area and ski resort planning projects, including the Park City Mountain Resort/Vail Master Plan.” Park City previously had entered into a Letter of Intent with the prior owners of the Park City Mountain Resort regarding the possible contribution of RDA funds in potential projects involving parking, transportation, and affordable housing.
The draft agreement proposed by Park City Municipal can be viewed at the city’s website.
The City also announced it has secured outside legal services from Brent Lorimer and David Dellenbach at Workman Nydegger in Salt Lake City.
###
in Gorgoza
The fundamental problem with “Woodward Park City” at Gorgoza
You may have heard that POWDR Corp wants to build an indoor recreation facility at Gorgoza Park. It would be called Woodward Park City. The Gorgoza Park area currently includes a sledding hill that lies between Summit Park and Pinebrook. You’ve likely seen it on your right, as you drive down I-80 from Parley’s Summit.
The Park Record has reported that, “According to the application, Woodward Park City would include a nearly 52,000-square-foot indoor action-sports center, equipped with indoor trampolines, ramps, foam pits, pump tracks, concrete skate park and a digital media studio. Other amenities would include a food court, lounge and coffee house, and party room.”
Previously, this development was planned near the parking lot of PCMR, but of course that is now probably not an option. So, it appears they are trying to find another location to host it. POWDR Corp owns the land currently occupied by the Gorgoza sledding hill. POWDR signed a development agreement with Summit County in 1999 that enabled them to build an outdoor recreation facility that includes the sledding hill. Now it appears they are trying to move forward and build a 50,000 square foot recreation facility.
Sweet. Parkites love their recreation.We also love coffee and parties… which both fit with the description of the Woodward facility provided in the Park Record. There’s only one problem. The original development agreement never seems to contemplate an indoor recreation facility. The development agreement talks about an indoor lodge, but that’s it. In the agreement in a section entitled Project Description, it says “Gorgoza park will offer a variety of non-motorized outdoor recreational activities that may include: snow tubing with up to 5 tube tows with up to four lanes per tow; snowplay; snowboarding accessed via a chair lift with a terrain park and two half pipes; snowblades and skiing; ice rink and skating; snowshoe and ski trails; winter alpine slide rides; toboggan and luge/bob rides; all terrain carts and thrill sleds; a climbing wall; a skate park and an all terrain skateboard area; BMX and mountain bike trails; alpine slide rides, and other uses consistent with the mountain outdoor recreation setting.”
It seems POWDR may be relying on that last part of the last sentence to try and push this thru. That last sentence concludes … ” and other uses consistent with the mountain outdoor recreation setting.” So, “other uses” must include building a 50,000 square foot INDOOR facility to do all the things that were supposed to be OUTDOOR per the original development agreement.
In our opinion, it seems that POWDR is trying to take an agreement that allowed it to have OUTDOOR skating, BMX trails, half pipes for skiing/boarding, trails, etc. and move that INSIDE. However, the problem is that INSIDE requires a building. That recreation building doesn’t seem to be included in the original development agreement. If ti’s not in the development agreement, it doesn’t have a right to be built.
I do know some people think this facility would be great for Park City. I can see their argument that it would increase sales taxes and provide our kids with another facility to use. However, if it’s such a good idea, it should go through the development process as a change to the existing development agreement and not as an additional permit. A change to the agreement would likely encourage much more vetting of the idea than a conditional use permit would provide.
I also know that citizens are getting worked up over the proposed building’s height (48 feet). I know others are getting worked up over the traffic impact of the facility. However, I believe those arguments attack the trees but miss the forest.
We as citizens should decide whether the proposed development is inline with the original agreement. If not, then we should ask that the Snyderville Planning Commission and Summit County treat this as a change to the agreement. Then we can debate whether the new development makes sense in it entirety, given what we know now. Otherwise we are debating the nuances while missing the broader picture.
Personally, I’d love to have outdoor additions to the property, which the agreement allows. I would use an outdoor ice skating rink. I have neighbors who would use the outdoor BMX track. I’m sure there are other outdoor uses which would fit the space and agreement.
But a Gigantor Black Diamond Gym doesn’t seem like it fits the description.
Here is the original development agreement. I’d love to hear if readers think I’ve missed the boat and somehow this agreement allows a 48 foot tall building spanning 52,000 square feet.
I don’t think so… and I’m hopeful our county officials will look at the original intent of the agreement in allowing any future development.
in Media
Religion’s Revenge on Park City
You probably know that KPCW, Park City’s local radio station, recently changed frequencies from 91.9 to 91.7.
What you may not know is what happens when you leave “heathen” Park City with your station set at 91.7. If you head to SLC with your dial set at 91.7, once you near the bottom of the canyon, you just may hear:
“So repeat after me: If I withhold the truth, may I go straight to hell where I will eat naught but burning-hot coals and drink naught but burning-hot cola. Where fiery demons will punch me in the back where my soul will be chopped into confetti and strewn upon a parade of murderers and single mothers where my tongue will be torn out by ravenous birds.”
Yep, Christian radio.
91.7 KUFR… the home of “Family” radio.
I can only explain the chance occurrence as God’s revenge on Park City. I can hear him saying, “You Parkites think you are “holier” than thou! Well, come to Salt Lake to shop at Costco and I’ll show you my power.
Of course, the even funnier (yes I know that’s not a word) thing is that according to wikipedia…. “KUFR, The pejorative term alludes to a person who rejects or disbelieves in God, as defined by Muslims; denies, refuses to accept the dominion and authority of God; or otherwise does not heed the beliefs and prescriptions held by the religion of Islam. Unbelief is called kufr.”
So perhaps Park City is on the side of religion against KUFR, after all. I don’t know. Religion is so confusing.
May I suggest just tuning into KPCW via the Internet and not having to worry about it.
Transit Center or Transient Center
If you frequent Kimball Junction, you may have noticed an increase in the number of panhandlers. Particularly interesting is the mom that sits on the way out of Smith’s parking lot with her three kids. Perhaps it’s just the summer, but it also seems the number of hitchhikers is up too.
There’s a different feel to what’s going on in KJ, this year.
I may be callous, but ever since I witnessed how the business of begging is done in Salt Lake, I don’t have as much compassion as perhaps I should. You can make a fine living by panhandling. I just don’t choose to participate in funding those “entrepreneurs” … but many do.
Yet, when you go by Pioneer Park in SLC, it is different. It’s not a job, it’s an unfortunate way of life. Pioneer Park is a hub of the downtrodden. It’s a little scary and sad. When I drive by I am reminded of how lucky I am. Many of the folks hanging out have no other place to go, are drug abusers, are homeless, and have a myriad of problems. It’s not a great place.
Ever since construction began on the Transit Center in Kimball Junction, I can’t help wonder if it may be our version of Pioneer Park. It will offer a “great” location, one that is close to I-80, nice covered benches, and an indoor facility that will be nice during those cold weather months.
This facility is the first of its kind in KJ. As a car driver and E-Bike enthusiast, I hope it encourages thousands of people to ride buses, so the roads are wide-open for me. However, what I really wonder is whether it will encourage an entire different type of people that weren’t contemplated when the transit center was planned.
Parkrag
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