8A
THE DAILY ASTORIAN • MONDAY, DECEMBER 11, 2017
Patagonia, outdoor retailers fight Trump on US monuments
Brands value
activism on
environment
By MICHELLE L. PRICE
Associated Press
SALT LAKE CITY —
Outdoor clothing giant Pata-
gonia and other retailers have
jumped into a legal and politi-
cal battle over President Don-
ald Trump’s plan to shrink two
sprawling Utah national mon-
uments, a fight that would
scare off most companies but
galvanizes customers of out-
door brands that value envi-
ronmental activism.
Patagonia filed a lawsuit
over Trump’s announcement
cutting Bears Ears National
Monument by 85 percent. The
lawsuit, filed in conjunction
with a rock climbing advocacy
group and other organiza-
tions, is among a flurry of law-
suits 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 Patago-
nia’s legal move followed a
spat 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
AP Photo/Douglas C. Pizac
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 nation-
al monuments, a fight that would scare off most compa-
nies but buoys customers of outdoor brands that value
environmental activism.
Your Land.”
Hilary Dessouky, Pata-
gonia’s general counsel, said
the company spent years sup-
porting groups creating other
national monuments and
directly lobbied for protec-
tions at Bears Ears.
“It was just never a ques-
tion 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 Presi-
dent Barack Obama’s Decem-
ber 2016 declaration creating
Bears Ears, Patagonia used its
social media channels, web-
site and catalogs to call for a
monument in the area, pro-
duced 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 adminis-
tration held to seek comments
on the idea.
Trump’s monument down-
sizing has also been protested
online and in social media by
outdoor retailers, including
The North Face, Keen, Black
Diamond and REI. The com-
panies have urged support for
the monuments and are rais-
ing and giving money toward
preservation efforts.
Retail experts say that
while most companies try to
avoid hot button issues, Pata-
gonia not only spoke up but
went much further but by fil-
ing a lawsuit and directly
confronting a White House
administration.
“It’s a bolder, riskier
move,” said Allen Adamson,
founder and CEO of Brand-
Simple 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 gener-
ally try to appeal to a broad
audience and stay apolitical
for fear of offending poten-
tial customers, but Patagonia’s
history and the nature of its
business will likely endear its
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 Dia-
mond and REI said they have
no plans to file lawsuits. Keen
did not immediately respond
to an emailed message Friday
seeking comment.
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 com-
panies 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 spend-
ing generated by the shows.
It makes sense for outdoor
companies to get into politi-
cal 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 mil-
lion to environmental groups
over the years, says the activ-
ism is not only a core part of
its history and brand, but it’s
required as part of the compa-
ny’s business license.
The privately-held com-
pany in 2012 became one of
the first businesses licensed
under a California law that
allows corporations to pur-
sue social and environmen-
tal advocacy as part of their
missions. The classification
shields Patagonia from poten-
tial claims that company advo-
cacy expenses are hurting
profits.
Under the license’s terms,
Patagonia committed to con-
tributing 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 com-
pany will now have to spend
more time and money defend-
ing 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 protec-
tions from what are consid-
ered 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 land-
scape 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 lit-
igation funds before but has
never directly sued over one
of its conservation causes.
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