Delicate Arch update: Fatali charged

[bkpix]

From the Associated Press this afternoon:

 

A photographer who started fires under Delicate Arch in Arches

National Park for dramatic effect was charged with seven misdemeanors

Friday in federal court.

Michael Fatali, 36, of Springdale, Utah, burned four fires underneath

or near Utah�s most recognizable icon, Delicate Arch, according to the

U.S. attorney�s office. Conservationists attempted to scrub the rock

Thursday, but the discoloration of the famous red sandstone proved

difficult to remove.

Officials believe the man used manufactured fireplace logs to start

three of the fires during a mid-September night last year. The logs

contained a waxy substance that penetrated into the soft sandstone.

The charges accuse Fatali of lighting another fire during the same

time in a sandy bowl near Delicate Arch. According to investigators,

Fatali directed members of his photo workshop group to collect wood to

build the fire. He allegedly left it smoldering throughout the night.

Fatali is also being charged for lighting fires four years ago in

nearby Canyonlands National Park. Investigators estimate it will cost

more than $16,000 to fix the damage there.

Delicate Arch is a four-story stone arch perched on the rim of a deep

sandstone canyon in southern Utah. Thousands of people make that 1.5

mile hike every year.

In an e-mail message sent in November to members of the photography

community, Fatali apologized for what happened, saying he ��seriously

regretted�� the incident. ��I simply screwed up,�� he said.

Fatali has been charged with crimes in a national park, including

defacing mineral resources, unauthorized fire, lighting a damaging

fire, leaving it unattended and aiding and abetting. Each of the

charges carries a fine of up to $5,000 and six months in prison.

���

On the Net:

Arches National Park: http://www.nps.gov/arch/index.htm

[maury_cohen]

Sorry, but that pretty much sums it up.

[rayn]

That is really infuriating. At least they caught the bastard. Is this guy 8 years old or what? It's surprising no one in his photo workshop said anything, but I guess none of them could be that smart if they were in his workshop. This takes the cake for the dimwits that don't understand the NPS "leave no trace" ethic. Reminds me of those "photographers" that harass movie stars. Terrible.

[alex_lofquist]

Did they ever catch the persons that tipped over the "Beehive" balancing rock some years ago? Locally some vandals knocked over the "Keyhole" rocks along the Mississippi recently. Maybe it was the same group that sawed down the oldest tree in the area, nearby.

 

Alex

[michael_hohner]

That's actually old news. It happend years ago. I'm sure it's in the Nature forum archives here.

[dan_smith]

Michael Fatali being formally charged with criminal acts is not "Old News". It happened yesterday.

The acts committed leading to the charges happened a year and more ago. They include at least two other firelight photo trips in Southern Utah in addition to the Delicate Arch incident.

[dotty_waxman]

NATURE'S light???? I don't think so.

 

This is Fatali's current message at his website:

 

 

"No computer imaging, artificial lighting, or unnatural filtration were used as tools in the creation of these photographs. I use only natural light for all the images made for the gallery collection of handmade photographic prints. To me, using nature's light is the best way to express the wonders of natural phenomena.

 

I have dedicated my entire adult life to exploring and capturing on film, subjects and light that push the envelope of the believable. It is this beauty of the natural world that connects us with the spirit of the land.

 

Photographing these magical monuments of God's creation requires the practice of great patience. Waiting for hours, days, or sometimes even years for the right light is what it takes to communicate the wonder.

 

One is blessed when the heart's eye is open to nature's light.

 

In celebration of land and spirit always."

 

He just doesn't get it!!

[stephen_ratzlaff]

Yeah, the whole nature's light thing ... well, I guess fire is nature's light.

 

What a scam.

 

The guy ought to be banned from all National and State parks, reserves, grasslands, etc.

 

The fines are a good start. Now if people would just stop buying his photos, he'd just fade away.

[sparky]

Ok, this is what was reported on the local news radio station, it includes comments by the federal prosocuter in the case as to why they filed the charges. 1st, they are trying to clean it up but without any success at all, it will probably take a few hundred years of natural erosion to get rid of the markings. 2nd, they filed the charges on October 19th for the situation at Delicate Arch and for a second offense in a slot canyon where there was smoke damage done to some of the walls. By the way sagebrush makes a nice smelling fire but is full of a natural substance similar to crosote which is what is now on the walls in the slot canyon. Creosote is what they soak railroad ties in to preserve them. 3rd, Michael did apologize to the government and the community. 4th, the comments by the Federal prosocuter are thus, "we have filed the charges as a result of Mr. Fatali's actions in these matters, his complete arrogance and attitude and his continuing violations of the permits he has recieved to work in the park have brought us to the conclusion that this is the only way to resolve the situation." I was somewhat taken back when I heard him say this first because I wasn't aware of the other incidents in the slot canyon, and second because this man,the prosocuter, was obviously very pissed off. I do know that they raided Fatali's studio and home a while ago and confiscated several objects, I don't know what they were but I guess we will find out during the trial. I also know that Michael is a very self confident person and to many people is quite arrogant. My only hope is that this entire situation doesn't screw things up for the rest of us who like to photograph in the national parks and forests.

[david_goldfarb]

Way back in this discussion in one of the earlier threads I posted a link to one of the photos in a slot canyon that looked like it had some light source other than the sun or the moon. Glad to see I'm not completely nuts, even as I'm further disappointed to discover that my speculation is true.

[dotty_waxman]

A few Questions:

 

1. Will his images continue to hold prominent wallspace in National Parks? I was at the visitors center at Zion in January....many months after the incident was known and the most prominent photo was a HUGE Fatali image with the gold title plate & all.

 

2. Will the National Parks continue to market his works?

 

3. What is his status in terms of admission to these precious places? As of last winter Arizona Highways magazine had stopped sponsoring his workshops (appropriately titled "Follow the light")

 

I think we need to know whether our financial support of our National Parks will endorse his continued access & abuse.

[isaac sibson]

If I was a US citizen, I'd be even more upset about this than I am, because then it'd be my public land he had defaced. As a citizen of the world, I'm upset that he's defaced one of the world's treasures. It is actions like this that give photographers a bad image to the rest of the world. So, I'm upset that beautiful things are being damaged, and my own reputation tarnished.

 

Perhaps there should be a boycott of Fatali's work? Certainly I shall do so.

[bjn]

Here's a link to Saturday's (Oct. 20, 2001) Salt Lake Tribune article about the charges, including potential penalities of $5000 and 6 months jail time per incident:

 

http://www.sltrib.com/2001/oct/10202001/utah/141799.htm

[jeff_moag1]

Does anyone have a photo or first-hand description of the discoloration? I'm curious to see the extend of the damage.

[joe_adnan]

Just compensation would be to confiscate the proceeds of all the photos that were obtained in contravention of park regulations.

[dan_sapper]

"Just compensation would be to confiscate the proceeds of all the photos that were obtained in contravention of park regulations. "

 

No, that puts the offender back to where he started, with no punishment whatsoever. The money might help the Park Service, though.

 

A fine of $5000 is much too small, and does not cover costs of repair, which might be impossible to accomplish. Jail time seems most appropriate.

[Rod Sorensen]

I personally would neither spend a dime on any of his works or give wall space for them to hang.

Is there any doubt that many of his photos have probably been taken using unnatural light? How could anyone possibly trust that any given image he has taken was definitely natural? His one or many rotten apples have clearly spoiled the whole bunch.

And I would contend that he doesn't just SEEM arrogant because of his confidence. His actions, his weak attempts at apology and the continued misrepresentations at his website make it clear that he just sees himself as being a little more special and entitled than the average Joe photographer (or citizen) out there.

We should all contact the Utah national parks and ask them to get his prints out of their gift shops.

[mark_lagrange3]

It is not my place to judge this persons sincerity of apology (I do not know him). Nor is it my place to judge the guilt or innocence of his actions (I was not there). However, it is the courts place to judge his actions. They have ruled. I hope that part of the sentencing includes something that is pertinent and relevent to the crime. One example was already stated >> our park system should not support his work. Another example could be to ban his access to the parks themselves ... yeah that would be appropriate.

[drc]

Interesting date November the 5th (date set for Mr Fatali to appear before US magistrate Samuel Alba).

 

November 5th is "Bonfire" or "Guy Fawkes night in Great Britain and is a major event(big as halloween). Every community celebrates by burning an effigy of "Guy Fawkes" on massive bonfires and watching fireworks displays into the wee hours.

 

Coincidence, theatre, or just a sense of humour on the prosecutors part...?

 

David Crossley/Crossley Photography....

 

www.crossleyphotography.com

[bobatkins]

Much as I abhore Mr. Fatali's actions I really don't think jail time is appropriate. It wasn't deliberate, malicious vandalism, it's was arogance and stupidity. I'd say the maximum fine on each count (which should be enough to pay for the cleanup) plus a lifetime ban on running any workshops in any national park would be appropriate. I don't think you can ban an individual from the parks, but you can certainly refuse a permit for commercial use (workshops) to anyone who has shown the lack of judgement exhibited by Mr. Fatali. Stiff punishment would serve as a lesson to others who might contemplate similar actions.

[drc]

Jail time would be most certainly excessive and over the top. As the last poster stated, Fatali's actions were'nt deliberate or malicious.

 

David Crossley/Crossley Photography....

 

www.crossleyphotography.com

[dan_smith]

Actually, Michael Fatali's actions in setting the fires to photograph by were deliberate. He planned the fires & used them for photography. The damage was not done intentionally.

As far as taking any and all photos from him done 'while breaking ANY park rules', better get ready to be raided. If you drove over the speed limit in the park or any other inane 'rule breaking' you would be in the same boat.

And, the courts have NOT ruled on anything yet other than a search warrant being issued. Mr. Fatali will be able to enter a plea in Federal Court on 5 November and a trial, if it goes that far, will be in the future. Most likely a plea bargain will ensue unless the prosecuting attorney is hellbent on seeing this through to the end to draw it out as much as possible. It could even result in a jury trial and additional trials if/as more incidents of 'natural firelight' surface during trail testimony.

I hope Michael has been saving his pennies as lawyers fees will hit the ceiling if the U.S. Attorney really does go after this one as hard as he has been saying on local newscasts. Glad I am not one of the workshop participants, getting subpoened to show up in Salt Lake City from KissinCousin, Arkansas to testify about lighting photo fires in the middle of the night isn't my idea of a great vacation trip in Utah during the Olympics... no lodging & all costs sky high.

A lot more than Fatali might be inconvenienced on this one. Especially those of us in the parks who now draw increased scrutiny as a result.

[drc]

Allow me to rephrase my last comments Dan. The damage caused by Fatali's actions were'nt intended or malicious.

 

Your absolutely right though, it's going to cost a pretty penny both monetarily (particularily Fatali) and in inconvenience to the folks on those particular workshops. The increased scrutiny and lessoned tolerance for all photographers in the aftermath of this is what troubles me the most.

 

 

David Crossley....

 

 

David Crossley/Crossley Photography....www.crossleyphotography.com

[photosyn]

I agree with all of the sentiments expressed in the other posts, it

is clear to see that Fatali is a GOOSE and should be punished.

Maybe a more fitting punishment would be for him to take guided

tours to this area and expkain how the rock was damaged and

by whom!

Just another thought, what if this fire was lit constantly for

thousands of years by the indigenous people of this area, would

that be considered acts of vandalism or the mark of history?

[the lone ranger]

intentional or not, lets not lose track of what he did: arson. He is an arsonist whether or not it was intended to be malicious or not. what an idiot, to proclaim how he doens't use anything other than natural light. I don't care if someone used glow sticks, serious digital manipulation, triple exposure on sandwiched slides, he should just let his work speak for itself. I don't have a problem with anything anyone does as long as it doesn't deface the environment. he probably loses an equal amount of business with all his bragging about how "natural" his techniques are.