David Lesh enters U.S. District Court in Grand Junction in August of last year.

David Lesh enters U.S. District Court in Grand Junction in August of last year.

David Lesh on Tuesday appealed convictions for rogue snowmobiling and unauthorized use of national forest lands on grounds that the federal government was allegedly guilty of “overreach” and violating his First Amendment rights.

Lesh was found guilty by a federal judge in Grand Junction in October 2021 of snowmobiling at a closed terrain park at Keystone Resort and posting pictures of activities on national forest that benefitted his outdoor clothing business.

He was sentenced by Judge Gordon Gallagher to six months of probation, 160 hours of community service and a fine of $10,000 on Jan. 22, 2022.

A brief laying out the grounds for his appeal was filed Tuesday evening by attorney Jenin Yunes of the New Civil Liberties Alliance of Washington, D.C.

“This case presents a class example of Government overreach,” Yunes wrote in her summary of argument. “Because authorities considered Appellant a troublemaker, they repeatedly tried to charge him with various offenses that would not stick. The convictions here are fatally flawed, too.”

The U.S. Attorney’s Office has 30 days to file its response.

The appeal of the illegal snowmobiling conviction was straightforward. Lesh contends the government didn’t provide sufficient evidence that he was actually the person riding the machine at Keystone on April 24, 2020. The ski area was closed at the time because of the COVID-19 pandemic. There was no physical evidence presented at the trial. Instead, the prosecutor from the U.S. Attorney’s Office provided a photo that Lesh posted on his Instagram page the next day of a snowmobile flying over a jump at the Keystone terrain park. The photo caption suggested Lesh was on the sled.

The judge also allowed admission of an article from The New Yorker magazine as evidence. In the article, Lesh indicates he might have been the snowmobiler. In a later podcast, he credited the article with being factually correct if somewhat one dimensional. In the article, Lesh acknowledged he was using photos to goad the feds into charging him with crimes. He also posted photos of himself allegedly crossing a log in Hanging Lake, a prohibited activity, and defecating in Maroon Lake, definitely a prohibited activity. Both photos are believed to be faked.

His appeal brief said the judge’s admission of the magazine article was in error because it was hearsay and Lesh’s comments about himself being the snowmobiler shouldn’t be taken at face value.

“(N)o rational trier of fact could conclude that this statement, from an individual who clearly likes to provoke and to impress, should be taken literally,” the appeal said

The appeal of the conviction of selling or offering for sale merchandise, or conducting work activity of service on nation forest lands without authorizing raised First Amendment issues.

The prosecutor contended that Lesh’s posting of the photos of himself at Keystone, Hanging Lake and Maroon Lake, real or fake, resulted in a benefit to his ski wear business.

Lesh boasted in the New Yorker article that his business soared 30% after he posted the Hanging Lake photo on social media. He said he capitalized on anti-authority sentiment. Yunes wrote that the pictures of Lesh at Hanging Lake and Maroon Lake and other “bad acts” shouldn’t have been admitted as evidence. They “gravely prejudiced” the defendant at trial and should constitute a reversal of his convictions, the appeal said.

In addition, posting the photos doesn’t establish that he sold or conducted work on federal land, the appeal said.

“The court’s interpretation of the regulation also cannot be squared with Appellant’s constitutional rights to free speech and expression and to due process,” the appeal said. “Courts are unequivocal that the First Amendment protects both the taking and dissemination of videos and photographs (outside of a few narrow categories, such as child pornography). Appellant, like all Americans, has a right to doctor photos and post them to social media for artistic purposes, to stir up controversy, or for any reason at all.”

If the conviction stands, it will result in a chilling effect on people using photos or video of themselves on national forest, the appeal claimed.

“If this Court permits prosecution (and persecution) of Appellant for posting what even the Government and its witnesses acknowledged was probably a photoshopped image, then artists, social media influencers, advertisers, and any number of people could find themselves facing criminal charges for publicizing provocative material,” the appeal said.

Lesh became notorious in the Aspen area for riding his snowmobile in a closed area of Independence Pass on July 3, 2019, when the ample snowpack lingered in to summer. He reached a plea agreement where he was fined $500 and ordered to perform 50 hours of public service for that petty offense.

He pleaded not guilty to the later petty offenses for the Keystone incident and for unauthorized use of the forest. Judge Gallagher held a trial by the court. Lesh’s attorney at the time asked for a jury trial. Gallagher denied the motion and explained that federal court doesn’t allow jury trials for petty offenses.

Lesh is appealing that decision as well. The appeal contended it is his constitutional right to a jury trial.

The New Civil Liberties Alliance bills itself as a defender of Americans from the “Administative State.” The organization’s website says, “NCLA views the administrative state as an especially serious threat to constitutional freedoms.”

Partly cloudy skies. A stray shower or thunderstorm is possible. Low around 60F. Winds ESE at 5 to 10 mph.

Partly cloudy. Low 63F. Winds SE at 5 to 10 mph.

Some clouds early will give way to generally clear conditions overnight. A stray shower or thunderstorm is possible. Low 63F. Winds SE at 5 to 10 mph.

Clear. Low near 65F. Winds ESE at 5 to 10 mph.

Mostly clear skies. Low 66F. Winds ESE at 5 to 10 mph.

A mostly clear sky. Low 66F. Winds ESE at 5 to 10 mph.

Mostly clear skies. Low 66F. Winds ESE at 5 to 10 mph.

Get up-to-the-minute news sent straight to your device.

Your account has been registered, and you are now logged in.

Check your email for details.

Invalid password or account does not exist

Submitting this form below will send a message to your email with a link to change your password.

An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account.

Your purchase was successful, and you are now logged in.

A receipt was sent to your email.