Hi Wally,
I love to hear the sides of everyone that has something to say. I think
that Ed has a legal professional view point that he his sharing with the
group. It does not matter that you agree with what he has to say as his
interpretation of the law, but what he is sharing is his legal
interpretation of the facts as he see them. I don't think that he has a
view point on the issue ( I know that he has a preference) but he is sharing
his legal view point of the issues. FWIW
-Lee
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Wally
Sent: Tuesday, December 02, 2008 5:34 PM
To: liveaboard@liveaboardnow.org
Subject: [Liveaboard] Dealing with the laws....
Ummm....Ed, don't shoot me, shoot Norm, I'm just the messenger.
However, I did take a great deal of time to research the issue, because I
don't particularly care for what FL is doing to we cruisers, including those
of us from Canada. Some comments to address your points:
First of all, as a Canuck, I likely have no standing with a civil rights
issue - and furthermore, because of my citizenship, it would make it far too
easy for an opponent to attack me on this issue, claiming I have no standing
- why go there? And lastly, I prefer not to be barred from entering the US
for getting mixed up in a fight of this nature - the offshore trip from the
St. Lawrence is a bit too much for my taste, tyvm. I'm not saying that would
happen, but why take that chance by pissing off some functionary?
The cases I've cited are clear indications that this law functions the way
I've noted. The laws guaranteeing the right to anchor are federal, and are
being usurped by local ordinances. When that usurpation violates a federal
(or state) law, it's wrong, and those who attempt to enforce it are IN the
wrong - and when they do that with full knowledge of their malfeasance, then
they are liable to Section 1982. It's that simple.
One only has to cite the case in Naples to prove the point - although the
appeal hasn't yet been heard (has it?) and it doesn't have standing as a
statewide precedent, it's still there and a strong indication of what the
state's anchoring legislation is intended to do.
My main point in sending this to the group is that I'm tired of hearing the
complaining here about anchoring - if you want to stop the anchoring nazis,
this is the way to do it. Whether you like the means or not, it IS the law
of your land. I think I've done my part in finding, researching and
providing this information.
Wally
p.s. fyi Ed, I am known as a proponent of free speech in Canada - and have
been a leader on the national scene regarding issues such as free speech,
gay marriage and our hate crime laws. I write a twice monthly column on
those and similar issues back home - even while I'm fleeing the cold and
snow by heading to the Bahamas. Some of those have been picked up by US
media for republication...
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."
_____
Now with a new friend-happy design! Try the new
<http://ca.beta.messenger.yahoo.com/> Yahoo! Canada Messenger
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