TOWN HALL: Councilman defends breaking law (poll)

The Gazette contacted trespassing City Councilman Tim Leigh at noon on Monday to ask why he climbs the Manitou Incline in clear and unquestionable violation of the law.

“I’m heading there now to break the law,” Leigh said. “I know it’s illegal to do right now, but it is so pervasively used. It’s like one of those laws that’s so commonly broken, how do you feel bad about it? I know it’s a horrible thing to say. I’m totally wrong. I got that. I should not go. But it has been featured in the New York Times and Sports illustrated. It is nationally acclaimed as an endurance-sports venue.”

Some of the Incline is private property, and the owners have begged and pleaded with the public — even in this column — to stay off of it. Signs tell trespassers to stay off. A few years back, trespassers like Leigh had to evade a guard.

“They got a guy to go sit up there and enforce it,” Leigh said. “But he was overweight. You’d go halfway up, and when you saw the guy you’d jump over to Barr trail. What was he going to do about it? He wasn’t able to do anything that required endurance.”

Leigh’s cavalier attitude toward private property rights and Colorado’s criminal code is troubling but absolutely typical. Other council members have also trespassed on the Incline and boasted about it. Estimates tell us that roughly 50,000 people trespass on the Incline each year, and it is true that media — including The Gazette — celebrate the activity. The phenomenon makes mockery of private property and rule of law.

Thankfully, it may almost be over. After years of trying to work out details among local governments and the Incline’s various owners, including the Cog Railway and the National Forest Service, it may open to the public as soon as May or June. “I’m going to feel a lot better when it’s open to the public,” Leigh told us.

Should Councilman Tim Leigh be cited for trespassing? Vote in poll to the right. Must vote to see results.

Politicians are down to resolving minute details, and Leigh is “99 percent certain” the Incline will be open to the public this year.

We hope he is right. While trespassers deserve prosecution today, the Incline stands to serve as a marquee asset for the greater Pikes Peak region going forward. Even though tens of thousands of people use the Incline each year, it’s a good bet thousands of others do not use it out of respect for the law. If and when it opens for lawful public use, leaders in the region should do their best to promote it nationally as a destination trail for extreme athletes. No effort should be spared in getting more attention for the Incline from outdoor shows and publications. In fact, we encourage the energetic, results-oriented Leigh to head up a marketing and publicity campaign. He had an instant catchphrase while speaking with us: “You can get high on the Incline without medical marijuana.”

In the meantime, until it’s open to the public, stay off of the Incline. To use it, one must commit a crime. It doesn’t matter that “everyone does it.”

That's our view. What's yours? Please initiate or join in a Facebook discussion below, and vote in poll to the upper right.

Friend editorial page editor Wayne Laugesen on Facebook, follow him on Twitter

Must-see-daily site: Complete Colorado