Cheyenne Frontier Days has made the difficult decision to restrict public access to the property that encompasses Frontier Park. That decision comes after considerable thought and internal discussion, with public safety and the long-term health of the organization in mind. This includes all of Frontier Park, excluding the Cheyenne Frontier Days Old West Museum and Chute 10 Mercantile store, and the Event Center and Tennis Center, which will all remain open for business at their usual hours.
Cheyenne Frontier Days CEO Tom Hirsig said the decision to restrict public access was based on the need to minimize the risk to members of the public and to decrease the instances of theft and vandalism on park. There have been two instances of significant vandalism that have occurred in the past two weeks alone. Frontier Park will now be closed to public access except during the annual Cheyenne Frontier Days celebration or an official public event on the park such as the Farmer’s Market.
“We’ve had signs up for months alerting the public that the park was closed, but that signage has been mostly ignored. We felt now was the right time to start enforcing it,” said Hirsig. “We would love to allow folks to continue to enjoy the property, but our responsibility is to ensure the long-term health of CFD. We could be liable if anyone got hurt. One unfortunate accident could put the future of CFD in jeopardy and we can’t afford to take that chance.”
Unlike the adjacent Lions Park, which is city owned and managed, CFD leases Frontier Park from the City of Cheyenne. CFD relies on volunteers for staffing and maintenance, and a private security company during the July event. While CFD has allowed people open access over the years during non-events times, this is no longer sustainable.
In Wyoming, a private landowner, or someone who leases land from another, can be held liable for the injuries suffered by a person entering onto the private land or leased land. The potential risk to adults, children or pets from hazards like snow and ice, windy conditions, uneven or cracked and raised walkways, and other natural instances became too great for CFD to ignore.
As a private, non-profit entity, CFD does not have the same immunity from liability that protects government entities. Unlike state, county or city governments, it does not have “sovereign immunity.” Sovereign immunity, or governmental immunity as it is commonly referred to, protects government entities from liability except in very limited areas designated by the Wyoming Legislature. Because CFD has no sovereign immunity, CFD can be sued by people traveling on the property leased by CFD from the City of Cheyenne if those people suffer some kind of injury while accessing the CFD park areas.
Because the risk of a potential legal claim could cause long-term harm to CFD’s financial stability, CFD decided to restrict public access to the park. Failure to recognize the risk of potential liability from allowing unrestricted access to the park would be irresponsible since it could jeopardize the future of CFD.
CFD understands that this decision may be inconvenient or concerning for community members who are used to having unrestricted access. The organization will hold a public meeting at CFD headquarters on November 19 at 5:30 p.m. to explain its decision and allow neighbors a chance to address their questions to CFD leadership.