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Welp, looks like we are ALL criminals...

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Old 09-15-2006, 08:05 PM
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Default Welp, looks like we are ALL criminals...

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In a rather bizarre ruling that has marine industry officials worried, Judge Robert G. James of the United States District Court, Western Division of Louisiana, has said that it is criminal trespass for the American boating public to boat, fish, or hunt on the Mississippi River and other navigable waters in the US.

In the case of Normal Parm v. Sheriff Mark Shumate, James ruled that federal law grants exclusive and private control over the waters of the river, outside the main shipping channel, to riparian landowners. The shallows of the navigable waters are no longer open to the public. That, in effect, makes boating illegal across most of the country.

"Even though this action seems like a horrible pre-April fools joke, it is very serious," said Phil Keeter, MRAA president, in a statement. "Because essentially all the waters and waterways of our country are considered navigable in the US law, this ruling declares recreational boating, water skiing, fishing, waterfowl hunting, and fishing tournaments to be illegal and the public subject to jail sentences for recreating with their families."

Last month, James rejected the findings of the Magistrate judge who found earlier that the American public had the right under federal law and Louisiana law to navigate, boat, fish, and hunt on the waters of the Mississippi river up to the normal high water line of the river. Judge James Kirk relied on the long established federal principles of navigation that recognized the public navigational rights "…entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common."

"MRAA is working with the Coast Guard, state boating law administrators, and NMMA to fight this onerous ruling," said Glen Mazzella, MRAA chairman, in the statement.
Ducky.. just freakin ducky....
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Old 09-15-2006, 08:10 PM
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Default Re: Welp, looks like we are ALL criminals...

I bet he's a Democrap and drives an electric car.
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Old 09-15-2006, 08:12 PM
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Default Re: Welp, looks like we are ALL criminals...

What a crock of chit!
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Old 09-15-2006, 08:30 PM
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Default Re: Welp, looks like we are ALL criminals...

Thats f*cked up
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Old 09-15-2006, 08:37 PM
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Default Re: Welp, looks like we are ALL criminals...

Hmm ... I may have to check a few legal descriptions but it runs in my mind that most to go the waters edge ... not to the middle of the river .... the definition of riparian is abutting to or located on the bank of a water way ... so I dont understand that ruling
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Old 09-15-2006, 08:38 PM
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Default Re: Welp, looks like we are ALL criminals...

I could not believe this when I first read this post. But a quick internet search and I found http://www.ibinews.com/ibinews/newsd...23ibinews.html along with the attached word document.

Unbelievable!!!!
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Old 09-15-2006, 08:42 PM
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Default Re: Welp, looks like we are ALL criminals...

Well i guess i am going to be a career criminal !!!!!!!!!!!!!!!
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Old 09-15-2006, 09:07 PM
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Default Re: Welp, looks like we are ALL criminals...

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Originally Posted by Hardin Marine
I could not believe this when I first read this post.

Don't doubt the Poodle

Thanks for the link.. I lost it after I cut n pasted the article.... Been a lonnnngg week...
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Old 09-15-2006, 11:46 PM
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Default Re: Welp, looks like we are ALL criminals...

Quote:
Originally Posted by Catmando
Another Repugnicant judge using an obcure ruling to bring the wrath of Big Government down on our heads.
And you know this how????
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Old 09-16-2006, 12:02 AM
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Cool Re: Welp, looks like we are ALL criminals...

I saw this yesterday on Scream and Fly. As I said there, I know Judge James, and I can promise he is a good man and and any decision he makes, he feels is compelled by law. He is very careful with his rulings, and he would not try to expand what the law is. He has always struck me as the kind of judge that couldn't care less about politics.

I wanted to try to get a copy of the ruling, but I was WAY too busy all damn day. I'll try next week.

I know the controversy, and it is basically a "big land owners vs the little guy" type thing. The Sheriff is acting on behalf of the land owners.
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