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#1 |
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Junior Member
Last Online:
Jan 31st, 2008 03:27 AM Join Date: Jan 2008
Posts: 1
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If this is in the wrong forum, can you please move it to the right one. Thanks
We are a group of kite surfers (80) who have been ordered to stay out of the ocean at a state park in California, for 7 months because of a bird on the endangered species act. Other users are allowed in the water, boats, surfers, wave runners, jet skis, etc. Dune buggies, motorcycles, anything that is off-road runs along the beaches. However because there ordinance (created by the state) and interpreted from documents written by the feds, says that a small kite 1/4meter can appear to be a predator, our kite at 16 sq. meters can also be a predator. See an example of our sport here: http://www.bestkiteboarding.com/Videos There is no scientific proof to back this up. Anyways, under admiralty law, and various supreme court rulings, one in particular from the US Supreme Court 60's, states that anything below the Mean High Tide Mark is considered a federal waterway, and the state technically does not have jurisdiction. The State Park claims the waters are closed up to 1000', and they are citing a CA law give the right to close waterways, but the US Coast Goard has no record saying it is closed, and that only the USCG can close the waters, unless CA has declared the area a "state of emergency" I also add, which was provided by the USCG No federal record of order has been filed stating that the waters are closed, and under US Maritime Law, which supercedes any state law and I cite: |
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#2 |
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Posts: n/a
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You may want to get in front of a judge, show your material and get an order that allows you to proceed.
You risk getting arrested if you dont clear that first. |
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#3 |
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Could you elaborate on going before a judge? What type of an order would I be requesting?
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#4 |
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Posts: n/a
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An order that would allow you to us the space at issue, and overturning the state park authorities' decision.
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