In an era when capturing moments via smartphones and cameras has become second nature, Jackson-area filmmakers Alex Rienzie and Connor Burkesmith have found themselves in the middle of a legal and regulatory storm, highlighting significant issues with filming permissions in national parks. Their ordeal culminated in a lawsuit against the Interior Department and Grand Teton National Park, setting a precedent that challenges the disparities in current federal filming regulations.
Rienzie and Burkesmith, of Fior Productions, have long documented endurance athletes’ feats in harsh environments, particularly in the majestic Teton Range. Their work became contentious when they faced repeated rejections for a commercial filming permit. This issue came to a head during an attempt to capture Michelino Sunseri’s speed record on Grand Teton. Although Sunseri achieved a record time of two hours, 50 minutes, and 50 seconds on September 2, it was mired in controversy due to his route choice, and subsequently went unrecognized by official record keepers.
The filmmakers’ plight took a notable turn when they, along with the National Press Photographers Association, decided to take legal action. They claimed that the permit-and-fee system infringed on their First Amendment rights by imposing onerous restrictions on their ability to film in public lands — a right not equally enforced among all park visitors.
As this legal battle unfolded, a legislative change promising to overhaul these regulations was underway. The U.S. Senate recently passed the omnibus EXPLORE Act, including the pivotal FILM Act, which aims to repeal the requirement for commercial permits in national parks under certain conditions. The FILM Act proposes that filming can take place without a permit as long as it involves small crews in public areas without disruption to the environment or other visitors.
This legislative update could potentially render the filmmakers’ lawsuit moot. However, the implications of their case remain significant, illustrating a broader debate over who gets to film in America’s beloved national parks. It highlights an ongoing tension between preserving natural treasures and maintaining public freedoms.
The National Park Service has refrained from commenting directly on the lawsuit due to ongoing litigation, directing inquiries to their general FAQs on permit applications. Meanwhile, this situation underscores the evolving relationship between technology, public spaces, and the law.
Critics of the existing regulations argue that the rules, originally designed to handle large-scale Hollywood productions, unfairly penalize smaller entities and do not adequately reflect the realities of modern, lightweight filmmaking equipment and techniques. Furthermore, the disparity in treatment between different types of content creators — tourists, news media, and commercial filmmakers — raises questions about equity and access.
With the FILM Act now awaiting President Joe Biden’s signature, the resolution of this issue may soon offer new freedoms to filmmakers and potentially set new standards for how public lands are accessed and documented. Should these changes take effect, they represent a significant shift in policy that could empower more storytellers to share the natural beauty of national parks without the burden of cumbersome regulations.
As this story develops, it continues to stir discussions on the rights of filmmakers versus the responsibilities of those who manage public lands, ensuring both conservation and freedom of expression are balanced.
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