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Plaintiffs argue Catch-22 for NPS in suit over cashless entrance fees

Three people who filed a lawsuit over the National Park Service’s cashless entrance fee policy at some parks said the case should be allowed to proceed.

Attorneys for the federal government had previously asked a judge to dismiss the case because the policy had not harmed the plaintiffs and they do not have standing to sue. The attorney for the three plaintiffs disagreed.

“Defendants are in a Catch-22,” attorney Ray Flores II wrote. “This case is so strong that Defendants are unable to admit the existence of its cashless program, lest they admit they are in violation of federal law.”

The plaintiffs’ suit argued that the NPS cashless policy can’t stand because the federal government must accept its own legal tender.

“NPS’s violation of federal law cannot be overlooked in favor of any purported benefit NPS Cashless could hope to achieve, such as reducing logistics of handling cash collected,” Flores wrote in the initial complaint. “Moreover, there is an increased cost to the NPS in going cashless, such as additional processing fees that will be borne by NPS and by visitors who ultimately fund the Federal Government through taxes, in addition to personal surcharges and bank fees visitors may incur under NPS Cashless policy.”

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NPS said it stopped accepting cash at some parks to be a better steward of that money.

“Reducing cash collections allows the National Park Service to be better stewards of the fees collected from visitors,” according to its website. “Cashless options reduce transaction times at busy entrance stations and decrease the risk of theft. Moving to a cashless system improves accountability and consistency, reduces chances of errors, and maximizes the funding available for critical projects and visitor services.”

The NPS website also notes alternatives.

“Each park that has completed the transition to cashless fee collection has an alternative option for visitors who are not able to pay with a credit or debit card. The specific arrangements vary by park, and park staff onsite will be able to assist,” according to NPS. “Most parks that have converted to cashless fee collection have had an overwhelmingly positive experience.”

In a 2023 news release, NPS explained why Death Valley National Park was going cashless. It said that Death Valley collected $22,000 in cash in 2022. Processing that cash cost the park $40,000, according to the release.

“Cash handling costs include an armored car contract to transport cash and park rangers’ time counting money and processing paperwork,” according to the release. “The transition to cashless payments will allow the NPS to redirect the $40,000 previously spent processing cash to directly benefit park visitors.”

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According to NPS, of the more than 400 national parks in the National Park System, 108 charge an entrance fee.

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