CHD to Appeal After Court Rules Against Woman Who Sued National Park Service Over No-Cash Policy
Source: Children’s Health Defense
Attorney Ray Flores said he will appeal after a federal judge on Wednesday dismissed a lawsuit against the National Park Service, alleging the federal agency is in violation of U.S. law by refusing to accept U.S. currency as entry payment.
Flores filed the suit on March 6, 2024, in the U.S. District Court for the District of Columbia, on behalf of Toby Stover and two other plaintiffs. Children’s Health Defense (CHD) funded the suit. He said he was disappointed in the court’s decision to dismiss the complaint.
“On the other hand, the Court did not rule on the merits of the case, which would have set an unfavorable precedent.”
In its dismissal, the court said Stover lacked standing to sue the park system — meaning she didn’t have the legal right to bring the suit because she didn’t show that she was “suffering an ongoing injury” or faced an “immediate threat of injury.”
The court initially dismissed all three plaintiffs’ claims, but allowed them to submit an amended complaint, which Stover alone did on March 4, 2025.
Stover tried to visit the Home of Franklin D. Roosevelt National Historic Site national park in Hyde Park in January 2024. Park officials turned her away when she tried to use a $10 bill to pay her entrance fee.
According to the amended complaint, “Stover still wants to visit Hyde Park whenever she wants but will not do so if she continues to be denied her right to tender anything other than legal U.S. Currency.”
Now, nearly 30 national parks, historic sites and monuments deny entrance to those who try to pay with cash, the amended complaint said. The park service Cashless Fee Collection FAQ states that it accepts only credit, debit and other electronic forms of payment, such as Apple Pay.
According to the complaint, federal statute (U.S. Code Title 31, Section 5103) makes it clear that “United States coins and currency … are legal tender for all debts, public charges, taxes, and dues.”
Stover asked the court to declare this practice unlawful, which would mean the park service would be forced to let visitors pay with cash. She is also seeking relief for the cost of the suit, including attorney fees.
Defendants in the case are the National Park Service, the U.S. Department of the Interior, which oversees the national parks and former director Charles F. Sams III in his official capacity as park service director.
Judge rules plaintiff’s injury was ‘self-inflicted’
U.S. District Judge Timothy J. Kelly wrote in his opinion that Stover failed to allege a “concrete injury,” and that her choice to avoid visiting Hyde Park was an ongoing injury of her “own making.”
“Such ‘self-inflicted harm’ … ‘doesn’t satisfy the basic requirement for standing,’” he wrote.
Flores said he believes that the “average American” would disagree with the court.
Kim Mack Rosenberg, CHD general counsel, said, “It’s concerning that any American — judge or not — would consider wanting to tender cash for purchases a so-called ‘self-inflicted harm.’”
Plus, the impact of a cashless society goes far beyond just a single purchase, because cashless payments limit a person’s “ability to be free from tracking and surveillance, which is becoming increasingly difficult to avoid,” Mack Rosenberg said.
“People have readily adopted conveniences such as credit cards, cellphones, ‘smart’ appliances and vehicles without recognizing the concerns these conveniences bring with them,” Mack Rosenberg said.
National Park Service continues to expand cashless system
In an earlier interview with The Defender, Flores said he found it “appalling” that the park service has become “the nation’s testing ground” for a cashless society.
The park service has been implementing and expanding a cashless entry payment system over the past few years. In July, Shenandoah National Park became one of the latest parks to stop accepting cash.
According to Mount Rainier National Park’s FAQ, the park service phased out cash at the park “to be a better steward of our visitors’ dollars.”
The park service cited these reasons for the change:
- Reduces the amount of time park staff spend managing cash (i.e., reduce our administrative burden).
- Improves accountability, reduces the chance of errors, and allows the park to maximize funding available for visitor services and critical projects.
- Reduces transaction times.
- Cashless fee collection helps us stay safe, secure, and effective and allows our rangers to spend more time with visitors.
The park service provided the same rationale on Montezuma Castle National Monument’s FAQ. However, the NPS makes no mention of the electronic transaction costs of increased charges to the public.
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