Alachua county Airboat ordinance

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smokster
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Alachua county Airboat ordinance

Post by smokster » Thu Oct 24, 2019 1:08 pm

a judge is going to rule on the constitutionality of the airboat ordinance in Gainesville Monday morning( 10/28/19 ). if anyone would like to attend, show up at 201 E University Ave #5457, Gainesville, FL 32601 a little before 9am in courtroom 2A. this decision could affect every county with similar ordinances.

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Re: Alachua county Airboat ordinance

Post by JustDave » Thu Oct 24, 2019 2:48 pm

Smokster:

Do you happen to know who the parties to the lawsuit are, other than Alachua County, or the case number?

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smokster
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Re: Alachua county Airboat ordinance

Post by smokster » Thu Oct 24, 2019 4:00 pm

the case # is,
01 2019 IN 000247
and i'm the other party.

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Re: Alachua county Airboat ordinance

Post by JustDave » Thu Oct 24, 2019 4:39 pm

Thanks. I'd like to look up the case filings.

FYI: here is a link to the then Attorney General's Opinion on the ordinance in 2009. It's a lot of legal jargon, but the last part concerning constitutional questions raised by the Ordinance may be helpful.

http://www.myfloridalegal.com/ago.nsf/O ... 41004EFD6F

Also, how is the operation of the ACSO airboat during curfew hours not a violation too. I read a story where a resident said he doesn't care how much noise the ASCO boat makes. Here is the quote from the WUFT September 19, 2019 article: As long as citations are getting written, Halback wouldn’t mind the extra noise that a patrolling airboat could cause. “I’d gladly trade that any time for what we’ve been enduring,” Halback said. “I’d clap my hands and say, ‘Thank you for being here, make all the noise you want.’”

Selective Enforcement? Punitive motivation?

If I'm in town, I'll try to drop by the courthouse.

Good luck!

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smokster
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Re: Alachua county Airboat ordinance

Post by smokster » Thu Oct 24, 2019 4:49 pm

i sent you a PM

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Root Pass
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Re: Alachua county Airboat ordinance

Post by Root Pass » Tue Oct 29, 2019 7:51 am

What was the outcome yesterday?
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Re: Alachua county Airboat ordinance

Post by flcracker9 » Tue Oct 29, 2019 2:48 pm

I believe the Judge heard both sides, and made the determination to not make a ruling until He/She could further reveiew the case. In other words, the Judge delayed the verdict until further review.
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Re: Alachua county Airboat ordinance

Post by SWAMPHUNTER45 » Tue Oct 29, 2019 3:10 pm

It is very common for a judge to listen to both parties arguments and then spend time doing research prior to making a ruling.

I would expect you get news in a few weeks as this case has statewide significance.

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Root Pass
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Re: Alachua county Airboat ordinance

Post by Root Pass » Tue Oct 29, 2019 3:13 pm

Could have been worse! Thanks
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Re: Alachua county Airboat ordinance

Post by Krahammer » Tue Oct 29, 2019 5:16 pm

I'm in court daily. Judges often don't have the cojones to make a ruling from the bench and look everyone in the eye when they do.... so they retreat to chambers to sign the decision in private.

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smokster
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Re: Alachua county Airboat ordinance

Post by smokster » Wed Oct 30, 2019 2:14 am

the judge heard both sides of the argument on the constitutionality of the ordinance. she decided to take some time to go over everything and give her verdict at a later date. the county attorney's argument was that the ordinance wasn't about noise, but about the safety of riding an airboat at night, close to the shore. my attorney thinks that is a very weak argument and thinks we have a strong chance to beat this. he told me that she should make her decision within 30 to 60 days.

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Re: Alachua county Airboat ordinance

Post by Gary S » Wed Oct 30, 2019 6:36 am

couldn't the same argument be made for any boat? Which is BS.

Old Yeller
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Re: Alachua county Airboat ordinance

Post by Old Yeller » Wed Oct 30, 2019 10:10 am

What was the outcome of the night time airboat ban on Lake Toho back in '08 or '09? I recall US Nav Waters was the argument there.

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Re: Alachua county Airboat ordinance

Post by JustDave » Wed Oct 30, 2019 10:20 am

The argument that it is not a "noise" ordinance, or about the noise, is untrue. Some might use the term "it's a bald-faced lie!"

I've read the County's Response to the Motion to Dismiss. That argument is contrary to the language of the referendum that the County attached to its Response to the Motion to Dismiss: EXHIBIT A to Resolution 2010-113 states, "The most approriate solution to the disturbance of sleep, peace and welfare of residents caused by the excessive noise generated by airboats is to impose a nightime curfew on airboats. Therefore: 1. No person shall operate an airboat in Alachua County between 7 p.m. and 7 a.m. . . . "

Also, all of the public discussions about the supposed need for ordinance focused on noise as the sole, if not primary, reason for it from the very beginning. Just pull up any of the tapes from the Alachua County Commission meetings (before and after the public referendum), and all of the newspaper articles, quoting the lake residents that pushed the ordinace.

It's ALWAYS been about the noise!

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Re: Alachua county Airboat ordinance

Post by rjfjr » Fri Nov 01, 2019 9:15 pm

Wtf

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smokster
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Re: Alachua county Airboat ordinance

Post by smokster » Fri Dec 20, 2019 6:20 pm

the judge ruled today that the ordinance is unconstitutional. they have 30 days to appeal. but theres a good chance they dont. so, WE WON. IF my attorney says this case should pave the way to defeat it in every county. if anyone else wants to fight it, i know an attorney that will fight tooth and nail.

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Re: Alachua county Airboat ordinance

Post by Rich Andrews » Fri Dec 20, 2019 7:10 pm

Great fkn job to whomever has been battling this one... fk em
Big Ole Deckover in the making...

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Root Pass
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Re: Alachua county Airboat ordinance

Post by Root Pass » Fri Dec 20, 2019 7:30 pm

Great news!!! Thank you for the update.
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Huntingwithahoyt
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Re: Alachua county Airboat ordinance

Post by Huntingwithahoyt » Fri Dec 20, 2019 7:49 pm

Hope this sticks!!!!!!


Sent from my iPhone using Tapatalk

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Slidin Gator
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Re: Alachua county Airboat ordinance

Post by Slidin Gator » Fri Dec 20, 2019 10:33 pm

smokster,
Thanks for the effort Dude! Please post details when you can.
I grew up thinking I-10 was the Mason Dixon line.
1986 Airboat Engineering Inc., 14' Marsh Master. Refreshed narrow deck, SV O-540, 72” NGQ. A Bob Stossel original.

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smokster
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Re: Alachua county Airboat ordinance

Post by smokster » Fri Dec 20, 2019 10:48 pm

i have the judges final order, but i dont know how to post it. its a pdf file

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Re: Alachua county Airboat ordinance

Post by Slidin Gator » Fri Dec 20, 2019 10:52 pm

Sending you a pm.
I grew up thinking I-10 was the Mason Dixon line.
1986 Airboat Engineering Inc., 14' Marsh Master. Refreshed narrow deck, SV O-540, 72” NGQ. A Bob Stossel original.

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smokster
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Re: Alachua county Airboat ordinance

Post by smokster » Fri Dec 20, 2019 10:57 pm

i emailed you

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Re: Alachua county Airboat ordinance

Post by Slidin Gator » Fri Dec 20, 2019 11:01 pm

Here it is for all to read.

Thanks smokster! :thumbleft: Keep up the battle for sure. :rebel:
Attachments
Alachua County_Schaus_Final Order.pdf
(283.28 KiB) Downloaded 110 times
I grew up thinking I-10 was the Mason Dixon line.
1986 Airboat Engineering Inc., 14' Marsh Master. Refreshed narrow deck, SV O-540, 72” NGQ. A Bob Stossel original.

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Slidin Gator
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Re: Alachua county Airboat ordinance

Post by Slidin Gator » Fri Dec 20, 2019 11:13 pm

:D That's Awesome

Here is the best paragraph:

54. The Alachua County Nighttime Airboat Curfew Ordinance conflicts with the Florida
Statute by effectively setting the permissible decibel level to zero (0) as opposed to 90 dB
A as permitted by Florida Statute, for a substantial period of time. The express, written
purpose of Alachua County Code of Ordinances Sec. 114.09 is to limit “excessive noise
generated by airboats,” an area of law reserved to the Florida Legislature by the above cited
statutes.
I grew up thinking I-10 was the Mason Dixon line.
1986 Airboat Engineering Inc., 14' Marsh Master. Refreshed narrow deck, SV O-540, 72” NGQ. A Bob Stossel original.

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