It is a good thing that Wally has been happy to take on
his own Canadian government for stamping out free
speech in the past, and now is willing to explain our US
laws to us, and propose a "You and Him fight it out solution."
At the risk of seeming ungrateful, I do not believe I would
like to seek out chances to try Florida's penal food unless
it is necessary. Despite Wally's simple solutions, 'there is
many a slip between the cup and the lip.' Although
intentional deprivation of civil rights can be actionable
in US Federal Courts, all state regulation of anchoring
does not deprive one of their civil rights. I know of no
Federal Case that has extended the law to the place that
Wally claims it reaches. Because US Federal law has
not "preempted" states from regulating anchoring in their
jurisdictions, his solution lacks the certainty he claims for it.
I did point out the likelihood of litigation in the proposed
changes to Florida state law that recently were before
the Florida FWC. I am happy that shortly after my written
objections and those of the folks who cared to write,
the state commission backed away from their proposed
draft legislation.
So to Norm (and by extension Wally) I say thanks for
thinking of me. But for now I would choose to spend
the next couple years cruising Caribbean ports over
sitting in musty rooms under florescent lights arguing
whether my civil rights have been violated. I have been
in such litigation in the past and its not as fun as sailing.
I am into fun these days. And Wally did not offer any
money for the person dedicating the next couple years
to the fight he wants them to have. That makes his
proposal pretty unlikely for me. I point out that under the
federal statute, if you lose such a contest YOU may have to
pay the government's litigation expenses.
Wally neglected or forgot that point.
Ed
Ed Kelly (& Sue Kelly)
USSV Angel Louise - a Catalac catamaran - lying West Palm Beach ...
Southbound!
Our Skype Phone (202) 657-6357
Email: EdKelly ("at" symbol) netins.net
On Nov 29, 2008, at 3:10 PM, Norm of Bandersnatch wrote:
Three Cheers for Wally. You have pointed our swords and I am very
grateful.
Now to get one of our cruising attorneys - (That Means You Ed Kelly!)
- to sharpen the edges with said notice to repel our attackers.
Perhaps someone could call in an anonymous tip to the cops wherever
Ed is anchoring that he is a government employee fleeing bondage and
should be investigated so Ed will be properly stirred into action.
I must also point out that we must patch up other chinks in our
armor, the biggest one being the Poopie Problem. For me I have
purchased an Air Head. I will leave the conventional equipment in
place for use in places where it is legal, but when asked what we do
with our poopie I can righteously point to our slightly stinky
composting, zero discharge, completely legal marine sanitation device.
Although we have not been boarded by the CG in several years, it
would also pay to go over the checklist on the back of the CG
boarding form and be sure everything is covered.
As our attackers become frustrated they surely will seek smaller and
smaller places to thrust in their weapons.
Norm
S/V Bandersnatch
Lying Julington Creek
30 07.695N 081 38.484W
----- Original Message -----
From: Wally
To: liveaboard@liveaboardnow.org
Sent: 11/29/2008 1:30:24 PM
Subject: [Liveaboard] Dealing with the laws....
I'm surprised that no one has offered this solution up before, or
else I've missed it. In the US, you have a federal law that
prohibits illegal laws. I'm enclosing an article I wrote on this some
time back, so it's slightly dated, but the substantive information is
accurate. It's lengthy, but it IS the solution to this crap.
If you pass this email on to anyone, please include the statement:
[Copyright 2008,
W. Moran. Permission granted to republish by W. Moran].
I am not an American and I have no standing nor desire to involve
myself in this sort of lawsuit - however, if one of you is annoyed
enough over the issue to do something, this is the tool.
Wally
s/v Gypsy Wind
lying Annapolis Md
(for now, heading south next week...)
To all intents and appearances, there is a war going on between
cruisers and Florida's municipal bureaucrats over anchoring.! And
despite the state's enactment in July 2006 of legislation intended to
solve the problem, the sniping continues from behind the desks of
officialdom.
Perhaps it's time for cruisers to pick up the loaded weapon that's
been in front of us all this time: U.S. Code 42 Section 1983. Rather
than quote the Section here, let me repeat what one expert has stated
is its meaning: "Section 1983 authorizes a private, civil lawsuit
against any person who abuses state or local government authority to
violate another person's civil rights. In short, the statute creates
a lawsuit for abuse of government power".
Well! Isn't that interesting? Now, just what does it mean to you and
I?....
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