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-   -   Alabama Boat Ban Lawsuit (https://www.offshoreonly.com/forums/general-boating-discussion/140518-alabama-boat-ban-lawsuit.html)

Magicfloat 09-14-2006 07:56 PM

Alabama Boat Ban Lawsuit
 
Hearing Friday,9 AM on our motion to issue a preliminary injuction against enforcement,then a permanent injunction. Looks like I will be testifying,never done this before,wish me luck :cool: If being right will prevail,we will win,right is on our side,but the big money interests are against us. This case is very important to the type of boating we enjoy, we have to win this one. Thanks for the support. Robert

cosmic12 09-14-2006 08:04 PM

Re: Alabama Boat Ban Lawsuit
 
good luck man. the fight starts there lets hope it ends there

Playn 09-14-2006 08:13 PM

Re: Alabama Boat Ban Lawsuit
 
Good luck Robert!

Fountain38SC 09-14-2006 08:13 PM

Re: Alabama Boat Ban Lawsuit
 
Did the atty prep you for your testimony? If not he should! If you need pointers PM me, I've prepped more witnesses than I care to remember.

Kent

Magicfloat 09-14-2006 08:27 PM

Re: Alabama Boat Ban Lawsuit
 
I'm prepped and ready. Gave my deposition Monday so I know what to expect. We have a great attorney. There are a lot of things i would rather do tomorrow than get up at 4 AM and drive to Montgomery,Al . Never sued anybody in my life but this new law is wrong and we intend to fight it.

t500hps 09-14-2006 09:01 PM

Re: Alabama Boat Ban Lawsuit
 
Good Luck Robert, Wish you the best!!!!

DENNYB 09-14-2006 09:04 PM

Re: Alabama Boat Ban Lawsuit
 
Good luck on the stand because you are a fighting man!

cuda 09-14-2006 09:13 PM

Re: Alabama Boat Ban Lawsuit
 
Best of luck Robert.

dockrocker 09-14-2006 09:20 PM

Re: Alabama Boat Ban Lawsuit
 
Best of luck Robert - keep us in the loop!

GO4BROKE 09-14-2006 09:22 PM

Re: Alabama Boat Ban Lawsuit
 
If you don't fight it, no one else will. Good luck! I am sure you will do well. I'm sure lots of other local goverments are watching how this plays out. You may be very well fighting for all of us.

Griff 09-14-2006 10:05 PM

Re: Alabama Boat Ban Lawsuit
 
Good Luck!!!!!!!!!!!

Airpacker 09-15-2006 07:00 AM

Re: Alabama Boat Ban Lawsuit
 
Sick em!!!!!!!!!!!!!!!

Donman 09-15-2006 07:06 AM

Re: Alabama Boat Ban Lawsuit
 
Are there any previous posts about this law ?

What is this new law ?

Car Biz 09-15-2006 07:39 AM

Re: Alabama Boat Ban Lawsuit
 
go get em :D

ratman 09-15-2006 08:27 AM

Re: Alabama Boat Ban Lawsuit
 
we are all pulling for you dude...give em hell

ThunderBoat38 09-15-2006 08:46 AM

Re: Alabama Boat Ban Lawsuit
 
Robert, guess you are in court now ...our prayers are with you.

Chris Sunkin 09-15-2006 08:47 AM

Re: Alabama Boat Ban Lawsuit
 

Originally Posted by Magicfloat
Hearing Friday,9 AM on our motion to issue a preliminary injuction against enforcement,then a permanent injunction. Looks like I will be testifying,never done this before,wish me luck :cool: If being right will prevail,we will win,right is on our side,but the big money interests are against us. This case is very important to the type of boating we enjoy, we have to win this one. Thanks for the support. Robert

Suggestion:

Set up a Paypal account and post it in a new thread- we'll ask that it be made a sticky. I'll send you some $$ to offset the costs. Win or lose, this may be a precedent that's carried across the country.

Gun people depend on the NRA to carry the torch on this stuff and they do an unbelievable job beating these a$$holes back. It's too bad the performance industry doesn't have something like this. Maybe this is a start.

P29 SCARAB 09-15-2006 09:12 AM

Re: Alabama Boat Ban Lawsuit
 
I am also a plaintiff in this case. Magic Float, & Livin' Loud are at the courthouse now. All of our depo's were done Monday. I should get a call from them soon, and will post some details on what is going on. Our atty has been awesome and we are very confident at the moment.

BLee 09-15-2006 09:16 AM

Re: Alabama Boat Ban Lawsuit
 
Good luck Robert. Win it. We can't let them use this as a case log in the future should there be a loss. You're gonna do great! :cool:

ThunderBoat38 09-15-2006 09:20 AM

Re: Alabama Boat Ban Lawsuit
 
I would appreciate it... I talked to Robert on Wednesday and he seemed confident after the Depo. Court can be stressful.....and I completely appreciate their efforts.

CigDaze 09-15-2006 09:31 AM

Re: Alabama Boat Ban Lawsuit
 
Best of luck, Robert! Go get 'em! :cool:

cig1988 09-15-2006 11:23 AM

Re: Alabama Boat Ban Lawsuit
 
Good luck Majic

tee4texas 09-15-2006 11:33 AM

Re: Alabama Boat Ban Lawsuit
 
What is the lawsuit? I couldn't find any news stories? Anyone have a link?

psychoboater 09-15-2006 11:39 AM

Re: Alabama Boat Ban Lawsuit
 
good luck hope it goes good for you (us)

hp500efi 09-15-2006 12:40 PM

Re: Alabama Boat Ban Lawsuit
 
Good luck Robert!!

Cash Bar 09-15-2006 01:21 PM

Re: Alabama Boat Ban Lawsuit
 
Everyone asking, do a search here, upper right, on Alabama boat ban. I got back about 8 threads all dealing with this. It's is sickening.... :mad: :mad:

tee4texas 09-15-2006 02:48 PM

Re: Alabama Boat Ban Lawsuit
 
soooooooo wrong. How can this happen so quietly? :mad:

Magicfloat 09-15-2006 03:09 PM

Re: Alabama Boat Ban Lawsuit
 
I think today's hearing went well.The judge listened to our arguments as to why we believe this law is wrong. He will rule Tuesday on our motion for a prelimenary injuction to prevent the enforcement of the law at the Oct 1 date. My gut feeling is we will get that,but you never know. Then we have to work to get a permanent injuction.The Dept of Conservation testified that they were fine tuning the interpretation as to boat length measurements,speed capability,and definition of a houseboat,and wanted to delay the hearing. Judge said no,we will do the hearing now based on the way the law is currently written.The wierd thing about the whole lawsuit is that we are suing the Dept of Conservation,but the Dept of Conservation did not back the law,in fact,they were against it from the start. But they are charged by the legislature to enforce it,and they say thay cannot enforce it as written. Meanwhile,with all the uncertainty,guess how many Formulas I am selling on those 3 lakes? :mad: And another ironic twist is one of the plaintiffs has a 29 Fountain with a single 525,runs maybe 78 mph,and it will be banned,so he said he will just buy a 26' Eliminator Cat with a killer blower motor that can run over 100 mph legally. And the law is suppossed to be about safety? :rolleyes:

tee4texas 09-15-2006 03:21 PM

Re: Alabama Boat Ban Lawsuit
 
Magic - great that someone is representing boaters.

Question - I have read through several of the articles. Why are these lakes in particular in the lawsuit? Lake size or number of complaints or ?

THis is crazy unless they are swimming holes.

Magicfloat 09-15-2006 03:48 PM

Re: Alabama Boat Ban Lawsuit
 
tee,originally all 11 Alabama Power Company impoundments were included in the original draft. From there it gets complicated. The original deal was a Lake Harris land developer was trying to land a major resort hotel there,but the developers wanted assurance that there would be no houseboats or loud fast boats allowed. The only company that owned enough land there for a resort like this was AL Power,so they decided to hire lobbyists to push the bill.They enlisted the local senator(defeated for reelection in June :drink: ) to introduce the bill. Then the developers found out that Lake Harris was in a dry county,can't have a luxury resort in a dry county,right,so they looked at Lake Martin,all wet counties. Guess who owns most of the land there? Al Power :eek: Plus Russell Lands,who also jumped in and hired a high dollar lobbyist.Thru a grass roots effort and 2 senators that knew this was wrong,we got 8 lakes removed from the bill. The 3rd lake, Lake Weiss,stayed in because it is a very small lake,fish boats and pontoons,and their congressman had some clout,plus nobody cared about this small lake. Now the Dept of Cons comes up with a substitute bill, a great bill that would solve all the problems and we all supported. But the Power Co said no,we want the original bill. The Power Co spent enough money to ram it thru the Senate and House.So our only redress is to sue the Dept of Cons,and they are the good guys. What a mess. We will prevail,I believe,because we are right. But who knows. I will try to keep everyone posted. Thanks for listening. Robert

tee4texas 09-15-2006 03:52 PM

Re: Alabama Boat Ban Lawsuit
 
Thanks magic. This is all news to me - appreciate the time to explain. thanks again

ITLLFLI 09-16-2006 12:52 AM

Re: Alabama Boat Ban Lawsuit
 
Keep the pressure on Robert!!

Byron

Michael1 09-16-2006 01:20 AM

Re: Alabama Boat Ban Lawsuit
 
My gosh! What happened? Did a bunch of brain dead legislators from California move out there to Alabama?

Michael

Ratickle 09-16-2006 04:38 AM

Re: Alabama Boat Ban Lawsuit
 
:eek: I'm starting to wonder about our support in our own community. Did any of you read the editorial in Hot Boat where they did not like the new Alabama law but no one opposed it prior to passage? Where were they? They said at least now some boaters have filed a suit against the ban.

Can everyone send them an email with a link to the threads we were all paying close attention to?

And how do we start a public relations group within our own "family" to make sure all items of major importance get to the national publications for assistance?

Wobble 09-16-2006 06:37 AM

Re: Alabama Boat Ban Lawsuit
 

Originally Posted by Ratickle
:eek: I'm starting to wonder about our support in our own community. Did any of you read the editorial in Hot Boat where they did not like the new Alabama law but no one opposed it prior to passage? Where were they? They said at least now some boaters have filed a suit against the ban.

Can everyone send them an email with a link to the threads we were all paying close attention to?

And how do we start a public relations group within our own "family" to make sure all items of major importance get to the national publications for assistance?

Has anyone contacted BoatUS (West Marine) their mailings are always talking about how they are lobbying to protect boaters interests. Just a thought.

Payton 09-16-2006 06:38 AM

Re: Alabama Boat Ban Lawsuit
 
Magicfloat/ Robert Nelams, has been on this seemingly from the start. Or at least the start of it becoming public. He has been mentioned in one of the Hotboat articles and others.

Good luck Robert. We sure hope your side,the right side prevails.
Do you still have friends at the Dept of Cons? They have to understand why they are the ones to get sued. It is stupid the way that works but at least the state will get the message.

Pantera1 09-16-2006 08:02 AM

Re: Alabama Boat Ban Lawsuit
 
Good luck .. go get em :mad:

CcanDo 09-16-2006 10:38 AM

Re: Alabama Boat Ban Lawsuit
 
Magicfloat,would your attorney deem it prudent to make your Judge aware of the La. Judges ruling,as reported by ScottB.(please see that post)

Needless to say,time is of the essence.

Magicfloat 09-16-2006 10:53 AM

Re: Alabama Boat Ban Lawsuit
 
Link?

CcanDo 09-16-2006 12:33 PM

Re: Alabama Boat Ban Lawsuit
 
http://www.offshoreonly.com/forums/s...d.php?t=140601


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