Guest Opinion: One Common Sense Bill to Protect Bend’s Recreation Industry
In Central Oregon, outdoor recreation is more than a weekend pastime — it’s a critical driver of our local economy. From guided mountain bike rides in the Deschutes National Forest to fly fishing on the Crooked River, outdoor businesses fuel jobs, support small enterprises and connect people to our cherished public lands. Yet, this vital industry is at risk due to misguided liability law, making it harder for guides and outfitters to stay in business.
House Bill 3140 offers a much-needed solution. This bipartisan legislation would align Oregon’s liability standards with other Western states by allowing recreation providers to use waivers for ordinary negligence. It maintains strong consumer protections by holding businesses fully accountable for gross negligence or reckless conduct while giving recreation providers the legal clarity they need to operate responsibly and sustainably. This common sense bill is in a committee chaired by our representative, Jason Kropf. That’s why we joined 25 Bend-area businesses, nonprofits and user-groups to urge Rep. Kropf to schedule the bill for a hearing and a work session.
The need for change is urgent. In 2014, the Oregon Supreme Court’s decision in Bagley v. Mt. Bachelor ruled that liability waivers for recreational activities were unconscionable and unenforceable. This ruling diverges from every other Western state and decades of established Oregon law by denying parties the freedom to allocate risk by contract. The impact goes beyond business operations — it also affects public safety. Professionally guided recreation plays a crucial role in risk management. Guides provide expert supervision, emergency preparedness and education on responsible practices, from avalanche safety to river navigation. Without viable guiding services, there is an increased risk of accidents and reduced oversight for those venturing into Oregon’s wilderness. Waivers also provide critical education about risk and encourage personal responsibility. Why aren’t we incentivizing these businesses to grow while also mitigating risk?
Critics of HB 3140 claim it would strip away consumer protections, but this is wrong. The bill only applies to adults who willingly accept the inherent risks of outdoor activities, and it does not extend to cases involving gross negligence or misconduct. Parents still have the right to bring claims for negligence involving children. This balanced approach ensures that businesses remain vigilant
in maintaining safety standards while allowing adult participants to take personal responsibility.
Without action, Oregon’s legal environment will continue to place local recreation providers at a competitive disadvantage. Neighboring states like Washington, Idaho and California have fairer liability standards, making it easier for recreation providers to thrive while protecting public safety. If we don’t follow suit, more Oregonians could face reduced access to the great outdoors for residents and visitors alike.
Lawmakers have a clear choice: Support the outdoor economy or allow the unintended consequences of a court decision to choke a vital industry. HB 3140 is about restoring fairness and ensuring that Oregon remains a leader in responsible and accessible outdoor recreation. The future of Oregon’s outdoor economy depends on it. It’s time to pass HB 3140.
—Lev Stryker operates Cog Wild, which has been offering guided mountain bike rides and skilled instruction in Bend since 2006; Brian Sykes operates Ouzel Outfitters in Bend and has provided
guided whitewater rafting trips since 1993; Dan McGarigle operates Pine Mountain Sports in Bend and provides equipment rentals and servicing for recreation
enthusiasts in Central Oregon
Caldera Ranch Development
The Bend City Council’s approval of the Caldera Ranch site for UGB expansion is an accident waiting to happen. 700 new homes along Woodside Road will block the fire escape route of the Woodside Ranch residents. Woodside Ranch only has three exits. If one or two are blocked by fire and another has excessive traffic, we could see a situation like Paradise or Los Angeles, California. Bend’s Building and Safety Division has always placed public safety first. For example, the public is never allowed to occupy a building until all life safety and egress requirements are met. The public deserves a safe way to exit a building in case of a fire. The same applies to Woodside Ranch. These citizens deserve a safe way to evacuate when a fire happens. By approving this new development, the Bend City Council is creating an unsafe condition by overloading and blocking a safe path of egress. Furthermore, a new roundabout on Knott Road is not the answer as it will only slow down an evacuation. Please stop Caldera Ranch!
—Klint O’Neal
RE: News Release March 3, 2025. Bend City Council Continues with Goal Setting Process
When, in January, an area in L.A. three times the size of Bend was reduced to ashes by wildfire in 36 hours, I offer that there is one clear priority for City Council and Mayor: The need to safeguard the city from catastrophic wildfire. When your house is threatened by an approaching wildfire, the dripping tap, the clogged toilet, the squeaky door no longer matter. Even problems high on the list of urgent needs fade to insignificance — the broken fridge, the unresponsive furnace, the lukewarm water heater, even the leaking roof. Who cares when you could lose everything? Including your life. There is no mention of actions to address wildfire resilience in this news release. Wildfire preparedness is relegated to two sentences and buried way down in Council’s statement of goals.
There are really only two goals for Council in this biennial:
1. Wildfire protection
2. Everything else
City leadership needs to get real or it won’t have a city to lead. Ask the people in Pacific Palisades.
—Gavin Leslie
More Development
This isn’t so much about the Ponderosa development in Southwest Bend, but all the developments that are happening in Bend. Notably in the southeast and southwest areas. The Bill Healy Bridge was constructed approximately 2003, the City of Bend had a population of approximately 50,000 people at that time. We are nearly three times that with no plans for another bridge. Reed Market is maxed out, Brookswood is a main thoroughfare. I don’t need to tell anybody that. We all know it. It’s visible every morning, every day and every afternoon. That issue is the high lakes and the Cascades are calling every day, as are the schools and the construction sites. And the way that people get up there is by way of Brookswood/Reed Market. The Stevens track is just starting. How about another bridge? For cars, I haven’t seen any bicycles or pedestrians backed up in the morning trying to get across Third Street, but maybe I’m just not there at the right time? Let’s get this conversation going.
—Kit Blackwelder
the Week:
Kit, sounds like the Opinion on the adjacent page may resonate with you. Stop by for your gift card to Palate.
—Chris Young
This article appears in The Source Weekly March 13, 2025.
MAKE LOCAL JOURNALISM HAPPEN
Republish our articles for free, online or in print, under a Creative Commons license.
Sure, let’s allow companies off the hook for “ordinary” negligence. What could possibly go wrong?
Hi Geoff,
I know quite a bit about this issue and I support the recreation providers in our community that took the time to submit this to this letter to the editor. I’m not up for a comment thread debate, but I will be at Mountain Burger in NW Crossing today from 3:30-4:30. I’d love to chat in person about this if you are up for it. I could also find another time and location that might work better for you.
The City of Bend does NOT care about residents. How this entire city isn’t starting a movement to revolt is beyond me. All they care about is catering to developers and Brooks Resources. Period. They are over developing Bend with little care for roads/fires/healthcare and basic services. This City is corrupt. There is no other explanation for the stupidity we all see coming out of the City of Bend.