The YMCA built a skateboarding park on Russell Street but, say some boarders, it's too far away and it costs money.

Recently, the skateboarders thought they'd found a spot that would bother no one - under the Higgins Avenue Bridge on the east side.

Operating under an agreement they thought they had gotten last year with a city official, the kids began gathering donations and building the ramps in a spot away from businesses.

"Go downtown and hang out. It's barren," said skateboarder Buzzy Sullivan, indicating how boarders have flocked to the new ramps.

Almost 100 kids use the facility, dropping in throughout the day, said Sullivan and Cy Hire, two of the park users. The skateboarders cleaned the area, picking up the broken glass and throwing away drug needles they found there.

Now the state is standing in their way.

"We thought we were modest asking for this place," said Sullivan. "It's a perfect location ... away from businesses."

"We thought this was city land."

While people are welcome to skateboard, to walk and to bike across the property, they can't build on it, said Loren Frazier, district administrator for the Montana Department of Transportation, which owns the land by the bridge.

"Under state law, we can't allow anything to be erected," he said. "I can speculate that it's for liability and safety issues."

Permission from the city, while not acknowledged, doesn't matter.

"It's a confusing issue," said Kate Pope, who works in Mayor Mike Kadas' office. "It's MDT property, not the city's. We can't give permission or deny it ..."

The skateboarders have until Monday to remove their ramps. If not, the ramps will be cleared off the property and thrown away, Frazier warned.

The city has tried to come up with a plan for a skatepark. Missoula Parks and Recreation Department wants the kids to come up with a possible plan for a park at Fort Missoula where it has 160 acres that belong to the city and county.

Jim Van Fossen, director of Parks and Rec, said he is concerned not only about finding money to build the park, but also the high-risk injuries associated with skateboarding, liability for the sport and safe supervision of the facility.

"One of the things the (skateboarders) could do is to identify those issues from a design, maintenance, location and particularly the liability and risk factors and come up with proposals of what would work for them," he suggested.

Sullivan and Hire say liability for skateboarding should be treated just as liability for a swimming pool, tennis and basketball courts.

"Anything that is provided by the city should be covered by their (insurance)," said Hire.

They also say a park at Fort Missoula is a long way away, not only in distance but also in construction time.

"You can build a park out there at Fort Missoula but if word gets out about skating downtown, that won't solve anything," said Chris Bacon, manager of Board of Missoula. "Now the kids have to go through Malfunction Junction to get to the 'Y.' And Fort Missoula is even further."

"A lot of youth in the community don't have much to do. I feel like skateboarding is a constructive way to pass time and get you involved in the community. That's important," Bacon said.

The skateboarders do plan to remove their ramps before Monday.

"We want to keep being on good terms. We'll take the ramps out and put them in storage," Sullivan said.

They then will begin visiting Missoula City Council meetings to ask for help.

If anyone has any information that would help the skateboarders, Hire suggested they call Bacon at 721-7774.

Reporter Donna Syvertson can be reached at 523-5361 or at dsyvertson@missoulian.com.

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