Author Topic: Life member & lawyer with experience with these disputes says goodbye  (Read 9532 times)

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Offline CDThomas

Hello,

Life member here.  Because of SaveACA, I've decided to leave the organization and no longer contribute to it.  I'm a litigator who handled multiple cases just like this, including in the 501c3 space.  They are all pretty much the same, and they all turn out badly. 

SaveACA has not ruled out litigation and signs point towards it

The fact that you haven't stated anywhere that you'll forgo litigation over this sale is disturbing in the extreme.

That failure, coupled with the fact that you're utilizing various procedural hoops - - almost certainly under the direction of litigation counsel - - further indicates that litigation is a possibility. 

There is nothing that wastes corporate assets faster than litigation, especially in the NFP space.  And there is nothing more corrosive to the membership.

You might think you're doing something important and noble but my experience with these disputes is exactly the opposite.

The Bones

The "bones" of these disputes are the same: old guard versus new guard, and an asset in dispute. Every single one of these cases that I've personally litigated has had those three traits.  Recalling the heyday, the old guard blames the new guard.   For its part, the new guard points to changed circumstances and notes how the old guard missed obvious pivot points that would have kept the organization current and at the forefront of the industry or field. 

A case study that comes to mind is that of Kodak.  They invented digital photography, but their old guard failed to make the transition even though they saw and invented the existential threat.  Why?  Because the old way was comfortable and profitable.  Change is hard especially for those emotionally attached to the way an organization was. But nothing will prevent the arrival of a tipping point, and it sounds like ACA has passed that point.

The analog here is that ACA invented gravel riding but failed to monetize it.  Even on the flagship GDMBR, riders go to Bikepacking.com, which has been growing by leaps and bounds.  That could have been ACA, but the old guard missed the tipping point.

Stated simply, there's plenty of blame to go around.  Your email to the membership fails to acknowledge any of this.  It smacks of finger-pointing, not problem solving.

Few Have Ever Joined ACA or Upgraded Because of the Building

People join because they want to be part of an organization that advances something that is important to them.  That advancement is dependent upon people, not on buildings.  The nimblest organizations in today's work and advocacy environment are not heavily weighted by oversized physical structures.

Similarly, the nimblest organizations don't tout what their employment figures were back in the good ol' days, as you did.  Instead, they identify the number that needed to do the work today and align that with the available resources.  The NFP sector is slower on this front but is not immune to this law of gravity.

The law firm from which I retired is a good example of being nimble and adjusting to the current realities.  The firm is over 100 years old.  In the good ol' days we had 150 lawyers in little Rochester, NY.  We occupied the top five floors of class A office space.  The law business changed over thirty years, and the office shrank to half that number.  Did we hold on to the space because we had been there a long time and liked it?  Of course not! We moved to space that fit our size and that better met (much better)  the actual needs of practicing lawyers, staff and clients.  The move made us more profitable, as well.  Some of the old guard opposed the move, emotionally referencing the old days.  But  for the well-being of the young lawyers and staff that are continuing the practice, most of us were able to separate ourselves from our emotions.

Most ACA members have probably never been to the building.  I was there for a few hours and enjoyed it, but it was hardly lifechanging and it had nothing to do with my decision to become a life member. I just liked the idea of supporting something I appreciated.

You Largely Ignore Addressing How the Environment Has Changed

Riders can now go anywhere in the world using Garmin, RidewithGPS and Komoot, to mention just a few. The environment has radically changed in the last decade, having nothing to do with the building or the new guard.  The shift from paper maps to gpx. Files is akin to the shift from film to digital.  That fact is ignored in your materials.  You opt instead to insult the new guard with "inside baseball" about who they hired and claiming they have no plan for anything.  Regular members like me don't know and don't really care about inside baseball. I would have rejoined and donated more regardless of who was the executive director or whether the building was owned or sold. Instead, it sounds like a tempest in a teapot in Bozeman.  Or is it Missoula?  Either way, such inside baseball doesn't much matter to regular members.

It's Hard to Let Go

I had a case in the 501c3 space.  It was for the historical society of my city.  They had a grand old mansion where they stacked all sorts of items. They couldn't afford it, and its maintenance was draining the coffers to the point of insolvency. The old guard did not want to give up their clubhouse, a place where they spent countless happy hours when they were young.  But the house was losing value and draining the coffers.  The antique collection, though meaningful to them individually, was not valued by the broader membership, the community, or marketplace.  When the new guard attempted to "right the ship," the old guard put their interests ahead of the organization.  They hired lawyers to challenge at every turn.  They frayed friendships and irreparably harmed the "good will" that they had been part of building.  It was a total shame.  What happened?  The house was sold and brought back to its former glory.  The collection was culled and is now on rotating display at our busy main public library.  The organization now focuses on the mission, not the building.

If you want to get back on the board, then run.  If you want to be the new Executive Director, then apply.  If you have lots of great ideas (which it sounds like you do), then continue to make them available, and be ready to do the work.  If it's so important, you'll do so as a volunteer. 

I can imagine the frayed friendships and barely contained anger that is taking place in and around ACA. The old guard feeling that their life's work is diminished, and believing they have the insight to change it.  While the new guard is faced with certain realities, while feeling attacked by the old guard.

For me, it'll be easy to let go.  Why? Because the building and its collection doesn't matter to me one whit. I enjoyed being a member but have no interest in being in relation with anyone who has lawyered up for control of an organization about something as simple and joyous as riding a bicycle.

Sincerely,

Chris Thomas   

Offline jbike93349

Re: Life member & lawyer with experience with these disputes says goodbye
« Reply #1 on: January 12, 2026, 07:01:18 pm »
@CDThomas. Thank you for sharing your experience and wisdom. As a lawyer myself, I know that when people come to lawyers, it is usually not a good day (or year or years) for them or anyone involved.

Just one comment. From the bylaws I could find ( https://www.adventurecyclist.com/wp-content/uploads/2024/01/May2023-Bylaws-voted.pdf ), the members do not elect the board. The board elects the board. That puts running for the board in a very different undertaking. Perhaps futile.

Offline JenRidesBikes

Re: Life member & lawyer with experience with these disputes says goodbye
« Reply #2 on: January 12, 2026, 07:08:11 pm »
I went through the rigmarole of signing up for this forum solely to respond to the “Vote NO” posts—but Chris already said it more eloquently than I could.

I’m a woman in my mid-40s who’s passionate about adventure cycling. I pay $60 a year to Bikepacking.com and the same to The Radavist—not because of perks, but because their missions are clear and aligned with my values around the simple joy of riding. ACA needs more members like me.

What will push people like me away is this dispute’s tone: the politics, finger-pointing, nostalgia as strategy, and a lack of business discipline. And for what it’s worth, I’ve been getting “Vote No” emails; I don’t recall opting in to third-party use of my address, and I’d appreciate clarity there.


Offline Jim Cossitt, 1976 rider

Re: Life member & lawyer with experience with these disputes says goodbye
« Reply #3 on: January 12, 2026, 09:50:07 pm »
Chris,  I don't know you but I hear where you're coming from. I've been at the lawyer game for 40 years and I might be taking this effort on a pro bono basis.

It's not about what's right or wrong, it's about a perversion of the process used to present the information to the membership.  The articles of incorporation bylaws and applicable statutes set the frame for a fair and balanced discussion and presentation of competing views.

Almost everything erything I have seen thus far indicates that the current bod and/or staff has stacked the deck in favor of a distorted process.   

I started my own investigation into this process, totally separate and distinct from the save group, last september. I've been stonewalled every step of the way and I simply will not tolerate that.

I posted my report on this forum about an hour or so ago.

I appreciate your views and your take on this topic and respectfully disagree for the reasons outlined in my report. If a fair and balanced process presents all these viewpoints to the membership so that they can make an informed decision I can certainly live with that because I respect the rule of law.

If somebody's going to distort and pervert the process then they've got to fight on their hands.

Thank you again for your views which I give great credibility to in light of your background and your detailed post here.

And I really did not want to be doing this during my holiday season this year at age 68 after 40 years of fluorine and the crap that goes with it.

Thanks again and best wishes to you.

Jim Cossitt
Jim Cossitt
Cell    406-260-6969
E:    cossittlaw@gmail.com

Offline BikeHoo

Re: Life member & lawyer with experience with these disputes says goodbye
« Reply #4 on: January 13, 2026, 04:06:20 pm »
Another lawyer here.  Not a litigator anymore but many years of experience on various boards both for-profit and NFP, including serving as corporate secretary and bylaws guru.  Like Jim, I completely get where Chris is coming from and he is probably right on the merits.  And I cannot conclude that the "new guard" has nefarious intent.  However, the current board loses a lot of credibility by failing to follow the required process and dragging their feet when it was pointed out to them. 

I don't have any attachment to the building.  In fact, I didn't even stop by when I pedaled through in 1996 (I went straight to the bike shop to address some mechanical issues).  I did, however, become a Life Member to support the ACA mission. 

I will vote NO on selling the building this time around because of the flawed process.  I will not rule out voting YES in the future if the "new guard" gets the process right and presents a compelling case WHILE ALSO respecting the "old guard" and giving them their say.  Engaging a diverse and disparate membership is notoriously difficult, but following the organizational bylaws and relevant statutes is not. 

Whatever the outcome, I hope ACA will survive and carry forward with the mission of promoting and supporting bicycle travel.  And I'm not talking about pampered, fully supported and catered "adventures" that cost a fortune-- there are plenty of companies that will keep that kind of tour going. 

BikeHoo
Atlanta, GA

Offline acwilson99

Re: Life member & lawyer with experience with these disputes says goodbye
« Reply #5 on: January 18, 2026, 04:09:31 pm »
I agree.  Lawsuits could kill the ACA, with lawyers eating up all of the remaining assets and goodwill.

Many of us know "adults" who spent fortunes in child-custody lawsuits.  In these, the lawyers almost always win, and the children almost always lose - and remain very angry with their parents.  Sometimes the parents go bankrupt, instead of saving for college educations.

A. Christopher "Chris" Wilson

Offline RonSuchanek

Re: Life member & lawyer with experience with these disputes says goodbye
« Reply #6 on: January 18, 2026, 09:10:38 pm »
"The analog here is that ACA invented gravel riding but failed to monetize it.  Even on the flagship GDMBR, riders go to Bikepacking.com, which has been growing by leaps and bounds.  That could have been ACA, but the old guard missed the tipping point."

@CDThomas nicely done, and I agree completely.
The momentum is clearly moving away from traditional road touring and toward bikepacking. I was encouraged by the ACA’s Golden Gravel announcement, but I am now worried that litigation threats and hostility toward staff and board members will undermine the organization’s forward progress.

Offline mattdwyerva

Re: Life member & lawyer with experience with these disputes says goodbye
« Reply #7 on: January 19, 2026, 04:38:29 am »
If I read this correctly, then the main message from the attorneys here is Don't Go to Court.   Ok, got it - but that does not address the sell-or-not question.

What I got out of the "don't sell" emails was not that the building should never be sold, but that it doesn't solve the problem that the current fiscal plans are poor.   Essentially, I read that selling the building is the wrong first step.   The first step needs to be a balanced budget.   That makes sense to me, if that is an accurate statement.   

Perhaps we need to become even more of a volunteer organization?  I have been amazed how people on these forums have volunteered to work on routes, and yet are not asked to do that when they volunteer.