Next message: Henrik Hudson: "lv-ab: liveaboard boat ; bayfield 40?"
What are the chances of a personal law-suit against the cop and/or a 'civil
rights' suit against the town?
Alex
>From: "Norm of Bandersnatch" <>
>Reply-To:
>To: "A LiveAboardList" <>
>Subject: lv-ab: Re; Cop Attack in St Augustine
>Date: Sun, 6 Aug 2006 15:55:33 -0400
>
>
>
>We went to court last Wednesday, August 2nd. The following is the
>statement of facts i prepared to present in court.
>
>
>
>quote
>
>Statement of Facts during marine stop on may 12th 2006 in St Augustine
>harbor.
>
>
>On the morning of May 12th I was underway in my dinghy from my boat
>anchored north of the bridge of lions to the dinghy dock at the St
>Augustine municipal marina. As I passed under the bridge I noticed the St
>Augustine police boat following me. As it did not have its blue lights on
>[officer Etheridge later claimed that his blue lights were on] I kept on
>going. Before I arrived at the dinghy dock the police boat caught up with
>me and stopped me. As we were talking the current carried us to the dinghy
>dock itself.
>
>Officer Etheridge stated that he was stopping me because I violated a rule
>that states that within 500 feet of a construction area there is a ‘no wake
>zone’.
>
>The definition of ‘no wake’ is very subjective. Since a boat moving
>relative to the water at any speed, even one anchored in a tidal current,
>produces a wake, and there is no practical way to measure a wake as there
>is with speed, it is entirely a matter of personal judgment and opinion as
>to what amount of wake is unacceptable.
>
>The construction zone in question consists of two highway bridges and
>several large flat-top spud barges with construction equipment and bridge
>parts on them weighing thousands of tons. In my opinion a ten foot
>inflatable dinghy cannot make, under any circumstances, a large enough wake
>to have any affect whatsoever on this heavy equipment. In addition, there
>were no workers visible, nor were there any ‘slow speed’ or ‘no wake’ signs
>or buoys displayed.
>
>Officer Etheridge examined my boat for the required safety equipment and
>requested my boat registration which I gave to him. In the process of
>inspecting my boat he asked if I had a fire extinguisher on board. I told
>him I did not because it was not required. He responded by saying that it
>was required. Since I was sure it was not a Coast Guard requirement [see
>copy of coast Guard regulations attached] and I had never seen a fire
>extinguisher in any dinghy, I asked him if it was a local, county or state
>requirement. He responded that it was a coast Guard requirement. I then
>stated flatly that that was not true. Jan pointed out to him that there
>were many dinghies here at the dinghy dock and none of them have a fire
>extinguisher in them. Officer Etheridge responded that most of those
>dinghies have lockers and their fire extinguishers may be stowed in the
>lockers. I told officer Etheridge that the coast Guard has inspected my
>dinghy [see copy of inspection form attached] and there was no mention of a
>fire extinguisher required. He then asked me if I was calling him a liar.
>I said no, I thought he was misinformed. He then said, ‘I was going to
>give you a verbal warning about the no wake zone but you just talked
>yourself into a $65 citation!”. I then asked him to write a citation for
>no fire extinguisher. Officer Etheridge refused to do this stating it was
>the prerogative of the officer and he choose not to do so. Somehow the $65
>citation became a $113 citation after I requested a court hearing.
>
>I claim that according to officer Etheridge, the citation he issued was for
>objecting to the accusation of violating a rule that did not exist and
>therefore should not be honored.
>
>unquote
>
>
>
>Officer Ehteridge did not appear in court and the case was dismissed.
>
>We were through prepared with the above statement, photocopies of the Coast
>Guard rules about fire extinguishers, copy of coast guard boarding report
>of the dinghy showing 'no violations', and photos of the dinghy showing
>general views, gas tank and bow locker.
>
>We hope our hurricane preparations have the same effect.
>
>
>
>Norm
>S/V Bandersnatch
>Lying 30 07.7N 081 39.6W
>Julington Creek Estuary FL
>
>
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