Protect Our Trails, First Responders, and Community: Implied Liability Waiver for Hiking


Protect Our Trails, First Responders, and Community: Implied Liability Waiver for Hiking
The Issue
Phoenix’s trails are a treasured community resource, offering residents and visitors unparalleled opportunities for recreation and connection with nature. Yet, recent policy changes have sparked outrage across the city. To manage rising costs and ensure safety, the City of Phoenix Parks and Recreation Department resorted closing trails earlier—possibly starting at 7 a.m. instead of 9 a.m. by January 2025—during Excessive Heat Warnings. These measures are the "laziest way to fail at solving the problem"—and they punish responsible hikers who rely on early morning access to avoid the heat.
The Reality
Trail closures don’t work. Read that again. Many trails, like those in the Phoenix Mountains Preserve and South Mountain Park, have no physical barriers to prevent access. Even on gated trails such as Camelback Mountain’s Echo Canyon, hikers continue to bypass restrictions. The data is clear: rescues still happen during closure hours, proving that these policies fail to deter use while placing unsustainable strain on first responders.
Furthermore, the decrease in rescues over the past year cannot be attributed to earlier closure times. These policies are a shortsighted, “lazy" governing approach that restrict access to public lands without addressing the real issue: personal accountability.
We can do better. As a community, we have the opportunity to protect both our first responders and our trails while preserving access for everyone. By implementing a liability waiver policy modeled after Arizona’s “Stupid Motorist Law” (A.R.S. § 28-910), we can raise awareness of the dangers of extreme heat, reduce risks for first responders, and ensure personal accountability among hikers and bikers.
What We Propose
We propose implementing an implied liability waiver for all trail users during Excessive Heat Warnings. Like the “Stupid Motorist Law,” this policy would hold individuals financially responsible for preventable rescues due to negligence or disregard of safety warnings. By law, entering a trail during posted hazardous conditions would constitute an agreement to this waiver, forfeiting the right to a taxpayer-funded rescue for non-emergency situations. This measure promotes accountability and ensures public funds are allocated to true emergencies.
How We Can Make Good Work:
- Adopt a “Hike at Your Own Risk” Policy: Replace ineffective closures with an implied liability waiver during excessive heat warnings. This shifts responsibility to hikers and encourages personal accountability while keeping trails open.
- Collect Data on Trail Usage: Use the waiver system to gather essential data about who hikes during extreme heat and under what conditions, enabling the city to craft informed and effective policies.
- Provide Clear Communication: Install trailhead signage and QR codes to notify hikers of risks, the liability waiver, and the consequences of preventable rescues.
- Exempt True Emergencies: Taxpayer-funded rescues would still apply for unavoidable accidents or genuine medical emergencies.
To facilitate this, we propose a digital waiver system, complemented by an optional paper guestbook for those without smartphone access. Visitors would scan a QR code at trailheads, linking to a mobile-friendly form to acknowledge trail conditions, personal responsibility, and emergency procedures. Good Citizens Corporation, a local design co-op, has volunteered to host this waiver service at no cost to the city as a pilot program, allowing us to demonstrate its benefits before making long-term decisions.
Benefits to Our Community
- First Responder Safety: Rescue operations in extreme heat endanger emergency personnel. By reducing preventable incidents, we protect those who risk their lives for others.
- Data-Backed Policies: GPS data correlated with volunteer hiking reports helps craft policies that reflect real trail usage patterns, rather than relying on blunt, ineffective measures.
- Better Resource Management: Taxpayer dollars should not cover avoidable rescues caused by negligence.
- Raises Awareness: Compounds the educational value for hikers on the dangers of extreme heat and the importance of responsible trail use, fostering a safer, more informed community. Building on City of Phoenix’s “Take a Hike. Do it Right.” campaign, which has been instrumental in promoting safer hiking behaviors.
- Maintains Trail Accessibility: Early closures penalize responsible hikers who prepare and plan to hike safely in the morning hours.
- Promotes Accountability: Encourages hikers to prepare adequately and assess their fitness for trail conditions, reducing preventable risks.
The Bottom Line:
Even 7 a.m. closures won’t keep people off the trails. It’s time to adopt a realistic solution that promotes safety, accountability, and fair access for all. By implementing a “Hike at Your Own Risk” policy, we can ensure that our trails remain accessible while protecting first responders and making better use of public resources.
By signing this petition, you advocate for a sustainable solution that prioritizes the safety of our first responders, the well-being of our community, and the preservation of our trails. Together, we can empower everyone to be responsible stewards of these incredible public lands while keeping them safe, open, and accessible for generations to come.
Let’s make good work.
242
The Issue
Phoenix’s trails are a treasured community resource, offering residents and visitors unparalleled opportunities for recreation and connection with nature. Yet, recent policy changes have sparked outrage across the city. To manage rising costs and ensure safety, the City of Phoenix Parks and Recreation Department resorted closing trails earlier—possibly starting at 7 a.m. instead of 9 a.m. by January 2025—during Excessive Heat Warnings. These measures are the "laziest way to fail at solving the problem"—and they punish responsible hikers who rely on early morning access to avoid the heat.
The Reality
Trail closures don’t work. Read that again. Many trails, like those in the Phoenix Mountains Preserve and South Mountain Park, have no physical barriers to prevent access. Even on gated trails such as Camelback Mountain’s Echo Canyon, hikers continue to bypass restrictions. The data is clear: rescues still happen during closure hours, proving that these policies fail to deter use while placing unsustainable strain on first responders.
Furthermore, the decrease in rescues over the past year cannot be attributed to earlier closure times. These policies are a shortsighted, “lazy" governing approach that restrict access to public lands without addressing the real issue: personal accountability.
We can do better. As a community, we have the opportunity to protect both our first responders and our trails while preserving access for everyone. By implementing a liability waiver policy modeled after Arizona’s “Stupid Motorist Law” (A.R.S. § 28-910), we can raise awareness of the dangers of extreme heat, reduce risks for first responders, and ensure personal accountability among hikers and bikers.
What We Propose
We propose implementing an implied liability waiver for all trail users during Excessive Heat Warnings. Like the “Stupid Motorist Law,” this policy would hold individuals financially responsible for preventable rescues due to negligence or disregard of safety warnings. By law, entering a trail during posted hazardous conditions would constitute an agreement to this waiver, forfeiting the right to a taxpayer-funded rescue for non-emergency situations. This measure promotes accountability and ensures public funds are allocated to true emergencies.
How We Can Make Good Work:
- Adopt a “Hike at Your Own Risk” Policy: Replace ineffective closures with an implied liability waiver during excessive heat warnings. This shifts responsibility to hikers and encourages personal accountability while keeping trails open.
- Collect Data on Trail Usage: Use the waiver system to gather essential data about who hikes during extreme heat and under what conditions, enabling the city to craft informed and effective policies.
- Provide Clear Communication: Install trailhead signage and QR codes to notify hikers of risks, the liability waiver, and the consequences of preventable rescues.
- Exempt True Emergencies: Taxpayer-funded rescues would still apply for unavoidable accidents or genuine medical emergencies.
To facilitate this, we propose a digital waiver system, complemented by an optional paper guestbook for those without smartphone access. Visitors would scan a QR code at trailheads, linking to a mobile-friendly form to acknowledge trail conditions, personal responsibility, and emergency procedures. Good Citizens Corporation, a local design co-op, has volunteered to host this waiver service at no cost to the city as a pilot program, allowing us to demonstrate its benefits before making long-term decisions.
Benefits to Our Community
- First Responder Safety: Rescue operations in extreme heat endanger emergency personnel. By reducing preventable incidents, we protect those who risk their lives for others.
- Data-Backed Policies: GPS data correlated with volunteer hiking reports helps craft policies that reflect real trail usage patterns, rather than relying on blunt, ineffective measures.
- Better Resource Management: Taxpayer dollars should not cover avoidable rescues caused by negligence.
- Raises Awareness: Compounds the educational value for hikers on the dangers of extreme heat and the importance of responsible trail use, fostering a safer, more informed community. Building on City of Phoenix’s “Take a Hike. Do it Right.” campaign, which has been instrumental in promoting safer hiking behaviors.
- Maintains Trail Accessibility: Early closures penalize responsible hikers who prepare and plan to hike safely in the morning hours.
- Promotes Accountability: Encourages hikers to prepare adequately and assess their fitness for trail conditions, reducing preventable risks.
The Bottom Line:
Even 7 a.m. closures won’t keep people off the trails. It’s time to adopt a realistic solution that promotes safety, accountability, and fair access for all. By implementing a “Hike at Your Own Risk” policy, we can ensure that our trails remain accessible while protecting first responders and making better use of public resources.
By signing this petition, you advocate for a sustainable solution that prioritizes the safety of our first responders, the well-being of our community, and the preservation of our trails. Together, we can empower everyone to be responsible stewards of these incredible public lands while keeping them safe, open, and accessible for generations to come.
Let’s make good work.
242
The Decision Makers



Petition created on November 8, 2024