 |
| FIL E- In this undated file photo, the Upper Gulch section of the Escalante Canyons within Utah’s Grand Staircase-Escalante National Monument is shown. Outdoor clothing giant Patagonia and other retailers have jumped into a legal and political battle over President Donald Trump’s plan to shrink two sprawling Utah national monuments, a fight that would scare off most companies but buoys customers of outdoor brands that value environmental activism. (AP Photo/Douglas C. Pizac, File) |
By MICHELLE L. PRICE, AP
Outdoor clothing giant Patagonia and other retailers have jumped into a
legal and political battle over President Donald Trump’s plan to shrink
two sprawling Utah national monuments, a fight that would scare off most
companies but galvanizes customers of outdoor brands that value
environmental activism.
Patagonia filed a lawsuit a Wednesday evening over Trump’s announcement
this week cutting Bears Ears National Monument by 85 percent. The
lawsuit, filed in conjunction with a rock climbing advocacy group and
other organizations, is among a flurry of lawsuits that have been filed
over Trump’s move to reduce the size of Bears Ears and also cut the land
protected in Utah’s Grand Staircase-Escalante National Monument in
half.
California-based Patagonia’s legal move followed a spat on Tuesday with
Interior Secretary Ryan Zinke, who accused the company of lying when it
replaced its usual home page with a black screen and stark message: “The
President Stole Your Land.”
Hilary Dessouky, Patagonia’s general counsel, said the company spent
years supporting groups creating other national monuments and directly
lobbied for protections at Bears Ears.
“It was just never a question about whether we were going to continue
the fight to protect it once it came down to that,” she said.
In the lead up to President Barack Obama’s Dec. 2016 declaration
creating Bears Ears, Patagonia used its social media channels, website
and catalogs to call for a monument in the area, produced two films
about the region and organized phone and letter-writing campaigns.
Patagonia officials lobbied U.S. officials to encourage the designation
and participated in public meetings the administration held to seek
comments on the idea.
Trump’s monument downsizing monument has also been protested online and
in social media by outdoor retailers, including The North Face, Keen,
Black Diamond and REI. The companies have urged support for the
monuments and are raising and giving money toward preservation efforts.
Retail experts say that while most companies try to avoid hot button
issues, Patagonia not only spoke up but went much further but by filing a
lawsuit and directly confronting a White House administration.
“It’s a bolder, riskier move,” said Allen Adamson, founder and CEO of
BrandSimple Consulting, a brand consulting firm. “This steps it up a
little. This separates them from the pack. Any time you’re out of the
pack, you’re more vulnerable.”
Most mass retailers generally try to appeal to a broad audience and stay
apolitical for fear of offending potential customers, but Patagonia’s
history and the nature of its business will likely endear is recent
activism to customers, Adamson said.
“By not only speaking out socially against this but actively taking this
cause on, it’s going to deepen and strengthen their relationship with
the majority of their users,” he said. “They will see some backlash, but
I think it’s a calculated bet that the upside will outweigh the
downside in this case.”
The North Face, Black Diamond and REI said they have no plans to file
lawsuits. Keen did not immediately respond to an emailed message Friday
seeking comment.
 |
| FILE - This May 8, 2017, file photo. shows Arch Canyon within Bears Ears National Monument in Utah. Outdoor clothing giant Patagonia and other retailers have jumped into a legal and political battle over President Donald Trump’s plan to shrink two sprawling Utah national monuments, a fight that would scare off most companies but buoys customers of outdoor brands that value environmental activism. (Francisco Kjolseth/The Salt Lake Tribune via AP, File) |
But the outdoor sector as a whole flexed political muscle over the issue
earlier this year when Patagonia and Utah-based Black Diamond helped
lead a revolt by outdoor companies angered over calls by Utah officials
to rescind the designation of Bears Ears as a monument.
After heavy lobbying by the sector, organizers of the biannual Outdoor
Retailer gear show that has taken place in Salt Lake City decided to
move it to Denver. Utah lost $45 million in annual spending generated by
the shows.
It makes sense for outdoor companies to get into political debates over
public lands because it’s part of “their brand DNA,” said Wendy
Liebmann, CEO of the WSL Strategic Retail consulting firm.
“Shoppers see brands as their spokespeople. Many shoppers expect them to stand for something,” she said.
Patagonia, which says it has given nearly $90 million to environmental
groups over the years, says the activism is not only a core part of its
history and brand, but it’s required as part of the company’s business
license.
The privately-held company in 2012 became one of the first businesses
licensed under a California law that allows corporations to pursue
social and environmental advocacy as part of their missions. The
classification shields Patagonia from potential claims that company
advocacy expenses are hurting profits.
Under the license’s terms, Patagonia committed to contributing 1 percent
of annual revenue to charities that promote conservation and
sustainability.
Patagonia “will suffer direct and immediate injury” from the size
reduction of Bears Ears because the company will now have to spend more
time and money defending the monument instead of working on other social
equity and conservation projects, Patagonia’s lawsuit said.
Patagonia also said Trump’s proclamation exceeds the president’s
authority and strips much-needed protections from what are considered
sacred tribal lands for Native American tribes.
The lawsuit also said Patagonia’s customers and employees visit Bears
Ears to hike, climb, run and explore the remote, stunning landscape full
of archaeological treasures, and protecting that area is key to their
use and enjoyment of the space.
The company has given money to environmental litigation funds before but
has never directly sued over one of its conservation causes.
“This is an unprecedented moment and this is a moment that calls of
strongest response possible,” said Patagonia’s advocacy director Hans
Cole. “We want to use all the tools in our tool kit, everything that we
have at our disposal to fight back.”
Tags
Lifestyle