Why a Phoenix ‘stupid hiker’ law might not work

It may be rainy and cool this weekend, but it’s only a matter of time until Arizona’s infamous dry heat envelopes the Valley, bringing with it a rise in mountain rescues.

Phoenix has more than 41,000 acres of desert parks and mountain preserves and 200 miles of trails that attract more than 3 million hikers each year. Last year, the Fire Department rescued 259 hikers — 95 of whom required a helicopter evacuation.

While some of those rescues were caused by unexpected health emergencies, the ones that made headlines typically involved hikers running out of water or getting lost because they wandered off trail.

After the first few high-profile summertime mountain rescues, so begins the annual public call for a “stupid hiker” law, which would charge errant hikers the cost of their rescue.

Arizona already has a “stupid motorist” law, which holds a driver liable for any rescue expenses incurred if he or she decides to ignore traffic barricades and enter a flooded roadway. A hiking counterpart would recoup city funds and possibly make amateur hikers think twice before taking on advanced trails without adequate supplies, some argue.

Phoenix, which is home to the lion’s share of the Valley’s trail system, has toyed with the idea of charging for hiking mishaps, but has run into legal and safety roadblocks. This week, a City Council subcommittee killed the idea before formal discussions even began.

“(City staff has) convinced me that we cannot have a stupid-hiker law, that there are legitimate rescues and that we need to continue it, so I will back off,” said Councilwoman Thelda Williams, who suggested a city ordinance on the topic.

Phoenix fire Capt. Rob McDade said there’s no way to quantify how much mountain rescues cost taxpayers.

He said firefighters are working across the city 24 hours per day, seven days per week, ready to take calls ranging from house fires and medical emergencies to mountain rescues. The department doesn’t break down cost by type of call, McDade said.

McDade said the Fire Department views mountain rescues as part of its customer-service obligation to taxpayers and anticipates such costs in its annual budget. “It’s part of the cost of doing business,” McDade said.

When an air evacuation is needed, the Fire Department calls in the Police Department and its helicopters. Police Sgt. Jon Howard said it costs an average of $1,000 per hour to fly a helicopter, and rescues typically take just under an hour. That price does not include personnel or maintenance costs.

According to a report prepared for the Public Safety and Veteran Subcommittee, many other states charge for annual hiker cards and use the proceeds to pay for the costs of rescues.

If a hiker requires a rescue and doesn’t have a hiker card, law enforcement can charge him or her for the cost of the rescue.

Phoenix Parks and Recreation Department spokesman Gregg Bach said the city hasn’t seriously looked at adopting a similar program.

He said there would be several challenges involved with implementing a mandatory hiker card because unlike state parks, which require an entry fee, Phoenix’s trail system has many entrance and exit points.

Bach also suggested there would be some pushback from residents if the city began charging to use the trails, since voters have already approved a sales tax specifically for parks and preserves. “It’s a free amenity for residents of the entire Valley, and it’s obviously a very popular amenity for tourists,” he said.

Public safety and parks officials said the hardest part about charging for mountain rescues would be defining when someone qualifies as a “stupid hiker.” Officials said there are many experienced hikers who get into a bad situation or slip and sprain their ankles, requiring assistance.

“How could you look at it and say, ‘That was somebody that wasn’t being a responsible hiker’? That’s the part that would be difficult,” Bach said.

Mark Miller, president of the Arizona Hiking and Travel Club, said he’s seen hikers — many of whom are from out of town and may not understand the seriousness of the Valley’s heat — make bad decisions and put themselves in dangerous situations.

But charging them for their rescues? That’s a “slippery slope,” he said.

“If we decided to start charging people for doing dumb things, I suppose I’d have to pay for something at some point,” Miller said.

While Phoenix has considered charging for rescues or even closing trails when the temperature reaches a certain degree, the city has decided to focus its resources on education instead. In 2015, it launched its “Take a Hike, Do It Right” campaign, which promotes eight safety tips, encouraging preparation and common sense on the trail.

Miller, 67, said he hikes three or four times a week with a small group of hikers, even in the summer. He said there’s signage and information out there to educate people, but sometimes they don’t listen. “People do dumb things. No matter how much you educate them, no matter how much education you put out there, people think, ‘I can do this,’ ” he said.