Ski Train return anticipation turns to disappointment
Call U.S. District Judge Robert Blackburn the Grinch who took away hopes for the imminent return of the Ski Train Denver and Winter Park. On Wednesday, His Honor declined to issue a temporary restraining order that would have forced Amtrak to operate the Rio Grande Scenic Ski Train beginning this coming Sunday. Iowa Pacific Holdings, the new operator of the legendary train, already had some 13,000 reservations on the books, it was cautious enough to take them all by phone rather than online. I was afraid something like this might happen when train service was not heavily promoted at the Colorado Ski & Snowboard Expo back in November.
Iowa Pacific, which claims that it had an "implicit" agreement with Amtrak to provide train crews, reportedly spent $800,000 to restart the legendary train, which should be celebrating its 70th anniversary this winter. Amtrak claims that Iowa Pacific had not agreed to required insurance and indemnification terms required and that the Pacific's railcars had not yet passed Federal Railroad Administration safety certification.
Judge Blackburn agreed with Amtrak. According to the Denver Post, "Blackburn said in his written order that Iowa Pacific. . . had not demonstrated it would 'suffer irreparable injury' if the court did not issue the restraining order against Amtrak." That is mystifying, because dedicated train service to a resort base that does not operate during the absolute peak weeks of the ski season would indeed be grievously injured.
January 6 is now the earliest that Ski Train operations could begin. Iowa Pacific released a statement by VP Dan Marko that was clearly vetted by attorneys: “We appreciate the due-diligence that Judge Blackburn afforded Iowa Pacific Holdings to share our story and provide information given the forced circumstances.We recognize that this leaves the operations of the Ski Train as indefinite, and will be focused on presenting a comprehensive case in January to clear these obstacles to future operation.” Keep your fingers crossed.
Meanwhile, all customers holding reservations can receive a full refund by contacting Iowa Pacific at skitrainservice@ iowapacific.com or 877-726-RAIL.
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