Coast Guard may have say in Toho night airboat ban

[Johnboy]

Take a guess where the assistant attorney lives?



In the same neighborhood as the poor sleep deprived doctor. (Hidden Harbor)

I would expect her actions from a transplant but she has lived in Osceola County her entire life. I went to school with her and her brother and to say the least have absolutely no use for her and her better than thou attitude. Even the commissioner that was behind the ordinance has been around a very long time. But guess where he lives! On West Lake Toho. Hopefully something good will come out of this. I'd be willing to do whatever I can.

 

[Ruagatr]

All that need be done is for someone to get a ticket under this faulty ordinance and then take it to trial and have it declared invalid. Even if a local judge didnt rule our way,. the appellate courts know what is navigable water and what is not, and they also know what the Commerce Clause is. Depose the Coast Guard gent who signed the recent letter telling us that they are, in fact, navigable waterways, and then move the court to declare the ordinance unconstitutional for two reasons--1) they are federally preempted from juridiction over this waterway, and 2) the commerce clause, as it relates to navigable waterways trumps their ordinance. This is quite doable. Charles Morehead

 

[dantheairboatman]

Good to hear from you charles. I hope they have to do some back pedaling.

 

[HuntingBigun]

Lets take vote on who gets arrested, I pick Airdud he is a outlaw anyway :lol: . But on a serious not some of our legal minds could chime in on mass protest and if it would work. Thanks to all who watch out for our rights & fight for us all.

 

[airboatpilot]

Now hear this......the following is from sunbiz.org.....


Florida Profit Corporation
HANOVER LAND CORPORATION
Filing Information
Document Number L32735
FEI Number 592981539
Date Filed 11/30/1989
State FL
Status INACTIVE
Last Event VOLUNTARY DISSOLUTION
Event Date Filed 01/26/2004
Event Effective Date NONE

Principal Address
121 LITTELL DRIVE
RT 18
ALIQUIPPA PA 15001 US
Changed 04/26/1999
Mailing Address
121 LITTELL DRIVE
RT 18
ALIQUIPPA PA 15001 US
Changed 04/26/1999
Registered Agent Name & Address
LITTELL, JOHN T DR.
2392 STARBOARD COVE
KISSIMMEE FL 34746 US
......................................................................................................................................

Florida Profit Corporation
LITTELL CORPORATE RENTALS, INC.
Filing Information
Document Number P06000054011
FEI Number 204696077
Date Filed 04/14/2006
State FL
Status ACTIVE
Effective Date 04/10/2006

Principal Address
2392 STARBOARD COVE
KISSIMMEE FL 34746
Mailing Address
2392 STARBOARD COVE
KISSIMMEE FL 34746
Registered Agent Name & Address
LITTELL, KATHLEEN M
2392 STARBOARD COVE
KISSIMMEE FL 34746 US
..................................................................................................................
Florida Profit Corporation
DELRAY PALM LODGE, INC.
Filing Information
Document Number 449376
FEI Number 591526768
Date Filed 03/28/1974
State FL
Status INACTIVE
Last Event VOLUNTARY DISSOLUTION
Event Date Filed 08/06/1985
Event Effective Date NONE

Principal Address
3 BAREFOOT LANE
LANTANA FL 33462
Changed 11/28/1983
Mailing Address
3 BAREFOOT LANE
LANTANA FL 33462
Changed 11/28/1983
Registered Agent Name & Address
LITTELL, CHARLES W.
2161 PALM BEACH LAKES BLVD.
SUITE 306
WEST PALM BEACH FL 33409
Name Changed: 11/28/1983
Address Changed: 11/28/1983
Officer/Director Detail
Name & Address
Title PD
LITTELL, WILLIAM A.
3 BAREFOOT LANE
LANTANA FL
Title SD
LITTELL, NOBLE K.
KAT KALANIA AVENUE
SEBRING FL
Title VD
LITTELL, WILLIAM A.,JR.
705 BLUERIDGE DRIVE
MEDFORD NY
........................................................................................................................
Gee, I really think the Delray connection stinks...........

 

[Raymond Mott]

You smell what I smell! Does the sleepless doctor have a hidden agenda? As the dates show his real estate ventures don't last long. That's some interesting information Airboatpilot.

 

[SwampMatt]

Hey welcome to the forum Airboatpilot.
I'm not sure what that means.... I've got a hunch you are posting something you found in legal notices about a new development?

It totally figures! Follow the money. As usual.

I did not know the assistant lawyer babe lives in that same neighborhood. And Ken Shipley admitted last year in a weak moment that he was laying there in bed, and his wife rolled over on the pillow and "TOLD" him to do somehting about the airboaters! That right there told me it was going to be personal! A commissioner with a personal vendetta!

Question for Charles....
Does the person getting arrested need to be "doing commerce"??? In other words, what if it's just a citizen passing the neighborhood, on the way to go froggging for personal recreation?

The point of this question is because the 'PILL' Walters is trying to get licensed captains ONLY in there.

matt.

 

[airduds]

Lets take vote on who gets arrested, I pick Airdud he is a outlaw anyway :lol: . But on a serious not some of our legal minds could chime in on mass protest and if it would work. Thanks to all who watch out for our rights & fight for us all.

The only problem with that is if I get arrested I'm out of work until the case is either dropped or I'm found not guilty. Now Wayne, if you're talking about covering the bills during that time...

 

[Johnboy]

If I remember correctly the penalty for being out after the curfew was a fine, something like $250 and then progresses after that. Not sure how many times you would get fined before you got arrested, anyone know for sure?

 

[SwampMatt]

I'm not a legal expert, but I'm pretty sure the answer to that is that the $250 fine is a COURT IMPOSED FEE. If you take it before a judge you plea your case.

$250 = getting arrested. They are the same. It's a ticket.

Someone - please correct me if I'm wrong about that!

 

[Whitebear]

It used to be all ya have to do to get arrested in liew of cited is refuse to sign the citation.

Scotty

 

[SwampMatt]

Well guess what??? Our beloved Tallahassee Lobbyist Bonnie was able to get the fine reduced to $50
I forgot about that!

It's a $50 ticket for breaking the curfew.
Yeah Scotty - no sign & challenge in court.
On second thought, I think you can sign (signature merely means receipt of the piece of paper) but refuse to PAY.... then go to court. That way you don't put your boat in jeopardy.

But here is a question.... Wouldn't you have to wait till gator season to get the ticket? Since we are not challenging the whole curfew (YET) - we are just attacking the latest vote about not including gator hunters.

I think we've only got ONE SHOT at this.... if it's done sloppy, no dice and we can't follow that path again. Let's put our heads together in the form of the FAA fellas (who are ALREADY working on the finer details of the plan)

The Pill from Tampa is trying to file a suit to allow ONLY licensed Captains. (as far as I know)
We've got that to get away from too.
NO AIRBOATER LEFT BEHIND!!!!

Probably not best to let out the tactical details here - no telling who is watching!

 

[Whitebear]

Mood, Didn't I read something in this or a similar thread that the intent was to tear down the curfew not just the latest vote? I really have thought that is where this is going. Maybe I missed it. Wouldn't be the first time I missed the central intent of something.

When you sign a citation, that is a promise to appear, not an admision of guilt. It is not a promise to pay anything. Unless there is something new about citations thats been added recently. The citing officer also has the discression in non criminal matters whether to arrest or not arrest. Usually in true test cases you need to set it up ahead of time with a willing LEO and department so both sides know what is happening. Also test cases need to be "pure" and the only factor the infraction with NO mitigating circumstances. Thats is whay they use test cases, they are preset with known features so there can only be an argument to the statute and guilt/innocense. A case which is just ignore the law and do it anyway on your own will likely go against you in court. If were going to draw a test case, get with the States Atty. and see WHO is willing to make the arrest and specifically the statute or ordinance that will be violated. Further I recommend retaining competant legal counsil before starting out on such a trial case. Everyone, and I mean, everyone involved needs to be on the same page for it to work properly.

Ok thats my take and understanding on it anyway.

Scotty

 

[Rich Andrews]

Case in point....when the police officer tried to wrangle the alligator and got bit,shows the need for qualified professional services to catch alligators. Maybe the Sheriffs office will step in and help? I also watched the video, that Dr is a real smooth talker. I hear he is having a big memorial day party and we are all invited...cool

 

[SwampMatt]

Rich, that's a good idea there about the gator biting the deputy. :idea: Never occurred to me to throw that spin on it! :high-5:
And the memorial day thing.... AS much as I'd like to do something like that.... I won't be there because I want to go have fun FOR MYSELF. And doing a stunt like that like buzzing the neighborhood at 10:30 at night (30 minutes before the curfew) will solve nothing except to harden their resolve. We want to weaken them, not strengthen them.

Scotty - A promise to appear. I never knew that exactly, but it sounds good to me! All I knew was it was useless and foolish to refuse to sign a ticket.

As for going after the whole curfew, I think that's the plan! and STEP ONE is to go after this latest restriction they've put on us. once it is proven to fall, I think the rest will be easier to fall. I'm not in on the planning of details though, but i do know the people who are - so do you... they are members here on s/a (most of them). Bonnie, Danny, Capt Dave, Bishop, Lee Chamberlin, Byron Maharry, etc.

And what you say about a test case makes perfect sense. I'd even go so far as to include: notify the sheriff and bring the deputy with you. All parties knowing full well what is going on. Rich, THAT'S when we have the late night party!!! I'd love to go along & get a ticket, or just be there to watch and make a little SOUND!!!! :twisted:

matt.

 

[bondo]

Mood
You'lre so right about waiting until we have the ENTIRE strategy in place.
Please folks, let FAA continue to work on this as we have been since about 10 minutes after that awful vote.

Have a good Memorial Day Weekend and remember why we celebrate this day....for all those who have gone before us to assure us of our freedoms. And remember those soldiers in harm's way right now helping to continue to secure our homeland and our freedom.

bondo

 

[Joe]

Bonnie,I will gladly let them arrest me for the cause if you need some one,I can arrange to have a friend with me to bring my truck and boat home safley for me,wont bother me a bit to have it on my record,been there and done that :lol: I can tell you it`s a much cleaner jail then brevard county`s :mrgreen:

 

[bondo]

Thanks, Joe
I"m taking names of volunteers but we still are not completely sure how we want to proceed. When we have the strategy buttoned up, i'll let you know
bonnie





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[Johnboy]

If I can be of any help please contact me.

 

[Anonymous]

Count me in too !