On September 6, 2009, when hiker Jonathan Doyle began a tongue-in-cheek ascent up , he had no idea he was on a path to becoming a free speech activist. The 29-year-old performance artist stuffed a in his backpack and hiked to the summit with his girlfriend. At the top, he changed into the suit and interviewed random hikers with his camcorder. Had they heard about any Sasquatch sightings in the area and would they be willing to discuss such rumors?
Bigfoot goes to court
Jonathan Doyle dresses for his day in courtBigfoot in chains
Dressed for the New Hampshire Supreme CourtThe New Hampshire Supreme Court
New Hampshire's Supreme Court Justices listen to arguments concerning Bigfoot泭
Doyle was so pleased with that first video, , that he returned to the state park two weeks later for a more ambitious scripted film with five friendsone dressed as Yoda and another dressed as a pirate. Aware of the amateur crews planned presence from some local media coverage, a park ranger met Doyle on the mountain and told him that he had received complaints from annoyed hikers. The state official ordered the crew to immediately leave because they were engaged in a full commercial film production and needed a $100 special use permit and a $2 million insurance policy for liability. Doyle did not finish his second film, .
Annoyed that his simple video was being treated like a Stephen Spielberg production, the filmmaker brought his case to the (NHCLU). They represented him pro bono in hearings before Merrimack Superior Court in 2010 and 2011. The state suggested that the Bigfoot stunt scared and endangered hikers on one of the worlds most used mountain trails. Doyle countered that the spectacle of unexpectedly seeing Bigfoot at the crowded summit provided a bonding opportunity for groups of strangers. Judge Larry Smukler , ruling last May that Doyle's YouTube venture was “far more than a simple attempt at spontaneous expression. It was a full-fledged commercial production.”
Doyle and the NHCLU . They took the case to the state Supreme Court last November, with the filmmaker claiming that the states permit demand was an unconstitutional violation of his right to free speech. Benjamin Franklin once said that people willing to trade their freedom for security deserve neither and will lose both, says Doyle, reflecting on the ordeal. Ive been put into this karmic situation and I felt compelled to respond. Im a fighter.
On November 10, Doyle showed up to the Supreme Court hearing wearing the furry suit, plastic shackles, and a bright orange prison uniform. He hoped sporting the Sasquatch outfit would bolster his claim that a from iParty would not have scared anyone on the trailespecially since it had a long open slit down the back. A security officer stopped him at the door and instructed him to immediately change into a sportscoat and slacks. The courtroom dress code prohibited hats; there was no way a rubber Bigfoot mask was going to pass muster.
Wardrobe details aside, the justices seemed delighted to discuss the Yeti. Isnt a mountain a likely venue for Bigfoot to show up? asked . People have been looking for him for a long time.
Questioning the states assessment that the presence of a costumed hiker was dangerous to fellow hikers, Associate Justice asked, Whats going to happen with the six people doing the movie that wouldnt happen with the six people just out on the hiking trail?
NHCLU attorney said a group of local high school students recently to the top of Mt. Monadnock and they were not stopped for endangering themselves or others. Suffering a twisted ankle while lifting furniture over boulders is an extremely plausible scenario for getting hurt, she said. Several judges said Doyles activity was no different from a wedding photographer snapping pictures of a bride and groom on top of a mountain or a family taking video with their mobile phoneneither of which requires a government permit. The required 30-day waiting period was also challenged as an obstacle to spontaneous political or artistic expression.
The justices ruled that the states permit process was unconstitutional, delighting Doyle and setting him loose to release the movie in the summer of 2012. When Im in the wild, the place in the world where I feel most free, its oppressive to have to consider petty government rules and regulations, he says. Im looking forward to going back up the mountain and continuing what they interrupted.
Still, not everyone is celebrating Doyles victory. This is not a free speech issue and its not artistry, says ., a professional Sasquatch researcher based in Seattle. These films are mocking the species and the . They are all slapped-together disingenuous crap.
is an Emmy-nominated documentary filmmaker and avid hiker based in New Hampshire. He is also is the founding curator of .