Dickey Ex Rel. Dickey v. City of Flagstaff

OPINION

BERCH, Justice.

¶ 1 This case presents a challenge to the constitutionality of Arizona’s recreational use statute, Ariz.Rev.Stat. (“A.R.S.”) § 33-1551 *2(2000).1 We conclude, as did the trial and appellate courts, that the law is constitutional.

FACTS2

¶ 2 On January 7, 1995, William Dickey’s step-mother took ten-year-old William and two of his siblings to go sledding. She saw people on Mars Hill in Thorpe Park in Flagstaff, so she dropped the children off and left to park the car. While she was gone, William began sliding down Mars Hill on a rubber tube. About a quarter of the way down the…