Posted 8 months ago on April 9, 2013, 10:22 a.m. EST by skiaspen50
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Mulcahy faces trespassing charge for serving lawsuit
Former ski instructor taped court summons on door of Skico's headquarters
The Aspen Times Aspen, CO, Colorado
ASPEN — The battle between a former ski instructor and Aspen Skiing Co. took another odd twist Thursday when Lee Mulcahy received a summons for third-degree trespass after he taped a court notice onto a door at the firm's headquarters.
Pitkin County Deputy Sheriff Levi Borst determined the trespass charge, a petty offense, was warranted because Mulcahy had been warned previously to stay off Skico property, according to an incident report. Mulcahy was banned from all Skico property when he was fired as a ski instructor in February 2011.
Mulcahy said he was simply trying to deliver a revised court summons for a lawsuit he filed against Jim and Paula Crown, members of the family that owns Skico. The lawsuit was initially filed in Pitkin County District Court. It was refiled in Pitkin County Court. Once it was refiled, Mulcahy was obligated to inform the Crowns.
“Being white trash, I was trying to save the money by taping the revision to the door” at Skico headquarters at 117 Aspen Airport Business Center, Mulcahy said.
In his lawsuit against the Crowns, Mulcahy is seeking to overturn the ban and damages of $1.
Earlier, Mulcahy tried to serve the revised summons by handing it to a Skico employee and asking her to take it inside, according to the incident report. The employee wouldn't help. So Mulcahy decided to tape the summons to an outside door at Skico offices. He said he had a 6-foot pole made from PVC pipe with him in case he needed an extension to avoid trespassing. However, he said he thought he was on a public sidewalk to a side door at Skico headquarters, so he walked up and taped the notice to the door.
Skico Senior Vice President and attorney Dave Bellack contacted the sheriff's department about Mulcahy's actions later Thursday. He reported the incident as a harassment because of Mulcahy's efforts to convince a Skico employee to take in the revised summons.
Mulcahy said he was contacted by a deputy at his home after he returned home Thursday night from bible study at an Aspen church. He requested that the deputy go to Skico headquarters with him to see if he actually trespassed on Skico property. Mulcahy said he will investigate whether he was on a public easement as part of his defense. The door opens to a parking lot that doesn't belong to Skico, he said.
Skico spokesman Jeff Hanle said Skico had no comment about the incident.
Mulcahy claimed he was the victim in the incident. It shows how Skico “bullies the little guy,” he said.
“Should I expect this kind of disrespectful treatment from billionaires Jim and Paula Crown for pointing out they're limousine liberals .... for questioning their ban?” he said.
Mulcahy has a running battle against Skico over the wages paid to beginning ski instructors and other lower tier employees. Mulcahy wants Skico to pay what he calls a living wage.
Mulcahy was fired by Skico in February 2011. The company said it was for multiple infractions of company policy. Mulcahy claimed it was because he criticized company practices and talked to other instructors about forming a union.
He tried to get his job back by filing a complaint with the National Labor Relations Board (NLRB) but was not reinstated. The NLRB did require Skico to restructure its ski school structure so that management didn't participate on employee grievance boards. Skico was also required to specifically inform employees it was within their rights to explore formation of a union.
Mulcahy said his fight with his former employer is over freedom of speech. In addition to his lawsuit against the Crowns, he filed a libel lawsuit earlier this year against Skico President and CEO Mike Kaplan for comments Kaplan made at the time of Mulcahy's firing.
Mulcahy is supposed to appear in county court May 1 for the trespass case. He said he will try to get the hearing postponed because he will be in Africa installing water wells as part of a interfaith community volunteer project.