According to David O. Williams at RealVail.com:

January 28, 2008 — Despite two recent avalanche deaths and its growing popularity with backcountry skiers, don’t look for access to the East Vail Chutes to be shut down by the Forest Service or for Vail Resorts to annex the area any time soon.

The heavily trafficked area just east of Vail ski area is not part of the ski company’s permit area and is accessed by a backcountry gate at the top of Vail Mountain where Forest Service officials try to warn snow riders about the potential risks of skiing the uncontrolled area.

But closing the Chutes and trying to enforce that closure would be difficult says Don Dressler, snow ranger for the Holy Cross Ranger District of the White River National Forest, which administers the publicly owned lands in and around Vail Mountain.

“I don’t think anyone wants to have a kneejerk reaction and start closing areas based on accidents, but we definitely want to consider all of our options,” Dressler said. “At the end of the day, though, the responsibility lies with the user, and I have to take a hard look at whether we’re doing all we can to educate the user before they take that risk.”
n both recent avalanche deaths in the area – Matthew Gustafson, 33, on Jan. 12 and Jesse Brigham, 27, on Jan. 4 – the victims were skiing with essential rescue equipment such as shovels, beacons and probes but chose to ski steep, exposed routes when avalanche danger was listed as “considerable.”