As the Alabama legislative session winds down for the year, questions still circle a bill that would impose new rules on a private ATV park that draws thousands of visitors to rural Cherokee County.

Sen. Andrew Jones and his proponents argue that the legislation, which he has been attempting to pass for over a year, will benefit the community by limiting noise pollution, mitigating negative environmental impacts of ATV riding, and reducing heavy traffic to a rural area with inadequate infrastructure.

The owners of the Indian Mountain ATV Park and their supporters argue that the legislation unfairly targets them and violates their liberties.

“How would you feel if you had purchased something, you have worked hard for what you have, and a government official comes in and says ‘Hey, I like what you’ve got. You’ve done a great job with it. I think we’re going to take it.’” said LaBreeska Ponder, owner of the park. “That’s exactly how we feel.”

Indian Mountain is privately owned and located in eastern Cherokee County, just a few miles from the Georgia border in north Alabama. The park covers over seven square miles and was opened five years ago. According to its website, the park offers ATV trail riding, camping, fishing, and hiking.

The proposed bill would allow the Cherokee County Commission to regulate the park by requiring stricter permits, allowing for heavier inspection, and regulating hours and activities.

One of the Ponder family’s main complaints with the bill is that they describe it as “targeted.” The family points out that the bill applies only to Cherokee County where Indian Mountain is the only prominent park.

Jones argues that the legislation is fair, and “in no way overly restrictive to them. It would apply to any park the same way.”

The Ponders say they have attempted to reach out to Jones and his team to come to some sort of understanding, but have never had any response. Jones said he has never received any such request.

Candice Dugan, a regular at the park made her thoughts known on the legislation with a comment online. “I just can’t understand it, the park does so much for the County, the off-road community,” she said. “It feels like a huge overreach from Jones.”

Dugan and other online commenters have posited that a reason for the legislation is that Jones’ family members who live in the area are bothered by the noise and traffic that the park brings to the quiet region.

While tax and property documents do show that some of Jones’ relatives live near the park, he denied that their proximity of a few miles away had anything to do with the proposal.

Another theory that Dugan and others have posited is that Jones wants to bring the park under the control of the County Commission to further the Sweet Trails project, one which he has been heavily involved in.

The project looks to invest over $100 million in federal grants to build a “statewide network composed of regional and local trails to connect all 67 counties, their communities, and major cultural and natural resource destinations across the state.”

The plans for the project specifically detail that the Pinhoti National Recreation Trail will be included.

The trail goes right through the privately owned ATV Park, prompting questions as to how increased regulation of the park could allow for the Sweet Trails effort to use the space. Sen. Jones also denied any link between Sweet Trails and the legislation, calling it an “internet conspiracy theory.”

He argues and maintains that the goal of the legislation is to provide a “fair and balanced resolution that can help out the citizens. We do not want to shut down the park.”

Jones said that in a community meeting a few years ago, over 75 neighbors in the area complained about the park due to the traffic and noise it brings to the area.

Jones points at current and former lawsuits against the park as a sign that many are unhappy with the current conditions.

One case filed in July 2024 features more than 15 residents of Cherokee County, arguing that the park has greatly disturbed locals by allowing deforestation, causing negative ecological impacts, and allowing visitors to leave debris in the area.

The suit also claims that the park allows loud noise produced by vehicles during all hours of the night, and that the trailers and heavy traffic brought by the park make everyday tasks difficult.

Also, the residents claim to have lost value in their properties due to the proximity to the park, and also claim to have been disturbed and suffered mental anguish due to the noise and impacts the operation of the park has had since opening.

Despite attempts at negotiation by some of the neighbors, the Ponder family has never cooperated with attempts at reconciliation, the lawsuit claims.

With this year’s legislative session winding down this week, Jones acknowledged that his bill will likely not be passed this year. He plans to “reach back out to the community, see what next steps might be, and potentially go at it again if there is a need.”

Meanwhile, the Ponders find themselves in an awkward situation. “It’s hard to invest or develop a business when your investments could be ripped away from you any day,” said Kirk Ponder.

The Ponders say they will continue to stand by their business, which, according to a report by Jacksonville State, has had millions of dollars in positive economic impact in Cherokee County.

LaBreeska Ponder added, “my family has owned this land for 50 years. I won’t just roll over and let someone ruin that. We are going to keep fighting. This is an attack on our liberties and an attack on small business.”