On September 2, 2024, Michelino Sunseri made history, ascending and descending Grand Teton in 2 hours, 50 minutes, and 50 seconds, beating the previous record by almost 3 minutes.
Less than a week after completing the run, he learned that the National Park Service was pursuing criminal charges against him for running on a “restricted” trail. The National Park Service also contacted Fastest Known Time—a private website owned by Outside Inc—and asked that Michelino’s time not be ratified on the site.
Michelino chose to take a “social trail,” a commonly used path that is not formally designated as a trail. This decision was not uncommon. Many of the previous FKT record holders used this same trail, but no action was taken against them. Nevertheless, local national park employees chose to pursue criminal charges against Michelino, and the U.S. Attorney’s Office in Wyoming agreed to bring the case.
The U.S. Attorney and the National Park Service claim that Michelino broke the law because the Grand Teton superintendent had ordered that foot travel be restricted “when traveling through signed revegetation and restoration areas.” The only indication in the direction he was traveling was a small sign off to the side of the trail that said “short cutting causes erosion”—no mention that the trail was closed.
The U.S. Attorney offered Michelino several plea deals, but each one included a lengthy ban from the Grand Teton National Park or an admission of guilt. These mountains mean everything to Michelino. Agreeing to give up such an integral part of his life because of a law he didn’t know he was breaking was unthinkable.
The Grand Teton superintendent’s closure of the trail, and subsequent criminal charges against Michelino, are unlawful because they stem from an unconstitutional delegation of legislative power.
Only Congress can decide what behavior is and isn’t criminally prohibited, and it cannot delegate that authority away. If Congress wants to define behavior as criminal, it must do so itself, or at the very least, set clear limits that dictate how and why officials can do so. Additionally, for a federal official to be given power of this magnitude, he or she must be appointed by the president and confirmed by the Senate. In this case, the Grand Teton superintendent was hired as a career bureaucrat in the National Park Service.
What’s At Stake?
- Only Congress can decide what behavior is and isn’t criminally prohibited, and it cannot delegate that authority away. If Congress wants to define behavior as criminal, it must do so itself, or at the very least, set clear limits that dictate how and why officials can do so.
