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Vail communications to pass holders not 'abusive,' indicates judge in COVID-19 lawsuit

On March 14, Gov. Jared Polis ordered the closure of ski resorts due to the spread of the novel coronavirus.
Credit: 9News
Vail (File)

VAIL, Colorado — A federal judge has rejected an attempt to require Vail Resorts to submit for court review the company's future communications to season pass holders affected by the COVID-19 pandemic.

“[T]he Court does not find the communication to be abusive or contrary to any authority,” wrote U.S. District Judge R. Brooke Jackson on Thursday, referring to an offer the ski conglomerate advertised in the wake of its COVID-19-induced closure in March.

“As a reminder, we are providing credits to 2019/20 Season Pass Holders, valued up to 20%-80% of the 2019/20 season pass, to apply toward the purchase of a 2020/21 season pass of equal or greater value,” wrote the company in an Aug. 28 email included in court documents. "Your 2019/20 season credit (if applicable) will be applied to your final payment.”

On March 14, Gov. Jared Polis ordered the closure of ski resorts due to the spread of the novel coronavirus, and Vail announced a few days later that all of its facilities in North America would shutter for the remainder of the ski season. 

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