ollie Posted January 28, 2012 Posted January 28, 2012 Wow! For some reason though that doesn't surprise me. I was hoping for better from our county. "you can always beat the keeper, but you can never beat the post" There are only three things in life that are certain : death, taxes, and the wind blowing at Capps Creek!
ColdWaterFshr Posted January 28, 2012 Posted January 28, 2012 I'm in for a Franklin as well, but I also like the Occupy Shoal Creek Float idea. He can't come after all of us.
drew03cmc Posted January 28, 2012 Posted January 28, 2012 I don't know whether we could get enough people to do it, but seems to me that another good way to go about this is to get as many people as possible to float this section of creek together, get the media to go along as well or at least tell them what's going on beforehand, and tell the sheriff and prosecutor beforehand (after showing them the text of the Supreme Court decision) exactly what we are going to do, including stopping and standing on the gravel bar on Prater's property, and we want to have law enforcement there to do whatever they feel like they should do. It would be nice to have them look at the Supreme Court decision and realize that we are in the right, and to tell Prater exactly that, with a warning that he is not to harass floaters (or waders). But if law enforcement decides that they think we are in the wrong, so be it. I think it's time for this whole issue to get some serious attention. Wow. That sounds pretty good. I wonder how the local LEOs would handle it. Andy
Smalliebigs Posted January 28, 2012 Posted January 28, 2012 If you choose to fight this on your own with whatever attorney you decide upon, I will volunteer to donate some money to the cause. I will also talk to everybody at the Smallmouth Alliance to see if some of them want to chip in either as a group or individually. But the decision is entirely yours, since you're the one with his neck in the noose, and I wouldn't blame you for letting it go. Let us know what you decide. way to go Al!!!! I agree with you %100 and Chief I'll give you a $100 but, let's get him a real attorney. Chief I already told you I need the name of the prosecuting attorney and we'll lawyer up from there.
Trout Commander Posted January 28, 2012 Posted January 28, 2012 In my partially educated legal opinion you should request transcripts of any communications between your lawyer and the PA to "make an informed decision as to whether to precede to court or not" then fire your lawyer and precede pro se. The PA will rule in your favor based purely on stare decisis. I'll only charge you one of the Benji's you get in the mail. (joking about the money only) I have spent most of my money on fly fishing and beer. The rest I just wasted. The latest Trout Commander blog post: Niangua River Six Pack
Members DaveMac Posted January 28, 2012 Members Posted January 28, 2012 Chief, I don't know you but I read all your posts and have enjoyed your Friday fishing photos since I joined the forum. I'm a firm believer that we are losing the right to access "public lands" to private owners who then restrict or eliminate access. In the state of Nebraska where I live, the state constitution dictates that the water of every stream (navigable or not) is accessible to the public, and that includes portage on land that is privately owned. Put me down for $100.
BilletHead Posted January 28, 2012 Posted January 28, 2012 Mr. and Mrs. BilletHead would do the hundred also, but we also know it is your rear on the line. Marty "We have met the enemy and it is us", Pogo If you compete with your fellow anglers, you become their competitor, If you help them you become their friend" Lefty Kreh " Never display your knowledge, you only share it" Lefty Kreh "Eat more bass and there will be more room for walleye to grow!" BilletHead " One thing in life is for sure. If you are careful you can straddle the barbed wire fence but make one mistake and you will be hurting" BilletHead P.S. "May your fences be short or hope you have long legs" BilletHead
jdmidwest Posted January 28, 2012 Posted January 28, 2012 Was he blocking access to the stream, blocking you from floating the stream, or telling you to get off his gravel bars? This would make a difference on how to pursue it. "Life has become immeasurably better since I have been forced to stop taking it seriously." — Hunter S. Thompson
Justin Spencer Posted January 28, 2012 Posted January 28, 2012 I'll go $100 as well, surely someone knows a fishing friendly lawyer that might be able to do this a little cheaper and would be proud to help "the cause". I know it's time and money spent for you Chief so I'm not going to hate on you either way. Courts make things so difficult that it is often easier just to pay a fine and go on with your life. Good system that doesn't always work great. "The problem with a politician’s quote on Facebook is you don’t know whether or not they really said it." –Abraham Lincoln Tales of an Ozark Campground Proprietor Dead Drift Fly Shop
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