Wilson

Statement of the Case and Facts

Each year since 1981 the State Department of Parks and Recreation (the Department) solicits bids from persons interested in obtaining a concession for specified commercial activities within the Millerton Lake State Recreation Area (the lake) north of Fresno. The concessionaire pays the state a percentage of all receipts from the business. One such concession covers the rental and sale of sailboards, sailboard instruction, and the storing of sailboards and equipment at the lake.

Respondents Brad Wilson and Tom Frost have been in the sailboard business under the name of Hot Bottoms Ski and Sports in Fresno since about 1981. As part of their business, respondents teach sailboarding at the lake. The lessons are arranged for and prepaid at their Fresno store. Respondents also sponsor midweek evening barbecues at the lake where qualified persons can use respondents’ sailboards at no charge. Attendance at the barbecues is promoted by newspaper advertisements which read:

In past years respondents have been allowed to give sailboard lessons and demonstrate their sailboards at the lake without a written permit provided they did not solicit the…