"Free Walkers"

"FREE WALKERS" OR NO "FREE WALKERS"? -  A low-key debate has surfaced in most AVA circles during the past couple of years about "Free Walkers."  Can we charge them, can we prohibit them from walking if they refuse to pay, should a donation be sought in lieu of an event fee, or must we continue to allow them to walk at no charge?  Before launching into explanations and justifications, let me explain that the AVA has no firm policy on this subject; it is to be addressed by individual Clubs based upon Club and local policies and laws.  The time and effort devoted to this short piece is solely my own and does not stand for any position taken by the AVA NEC or any of its members, nor is it the policy of any given Club in the South Central or any other Region of the AVA.  I was requested by a volkssporter with whom I walked and discussed the issue to make my position known to the AVA in general, because he noted that it is a fresh view about which most people are not aware. 

     Essentially, I realize and take the position that the AVA and its Clubs do have expenses for "Free Walkers" that are lost or must be spread elsewhere; perhaps the most significant of those expenses is insurance coverage, but certainly the administrative expenses of event planning and conduct must also be considered.  Being an attorney, I point out, however, that Clubs cannot charge the "Free Walker" even to recover his/her incremental share of insurance and administrative costs if the walk route of an event transits only public property (public sidewalks, streets, parks, etc.).  Unless you can persuade the local authorities to block access to a portion of that otherwise public route, you cannot charge someone to walk what they could otherwise walk for free.  The question that might arise is "[w]hat are you going to do if I refuse to pay?"  My answer to that is that you (the Club Member seeking payment) are going to make a fool of yourself and be seen as such by the public-at-large; don't go there!  You can certainly ask a small charge for a route map and start card, but see if you get it.

     On the other hand, your Club has every right to refuse "Free Walkers" and to charge a fee for walking routes that transit private or restricted-access property for any distance.  Make the distance significant, not merely across a parking lot at a street corner.  Likewise, guarantee that you have written permission to use that private property route.  In obtaining that permission you might assure that its owner is provided a copy of the AVA insurance certificate (if you need additional documentation, contact me well in advance of your event) and, if your Club or its sponsor is an IRC 501C(3) organization, provide them a Thank You Letter and simple estimate of the value to you for their "tax-exempt donation."  

     I realize that even at the length here set forth, this piece appears to most like a tome.  If you have questions or comments about it, however, please feel free to contact me at the address(s) or telephone number(s) set out on the AVA Leadership Page on the AVA Website.   

     Good Luck With "Free Walkers",


Ken