NPS version of 9th Circuit Ruling

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From the NPS Morning Report for August 1, 2000: (http://www.nps.gov/morningreport/msg00623.html)

"OPERATIONAL NOTES"

"BASE Jumping Regulations Ruling - The Ninth Circuit has upheld several important regulations that are employed against BASE jumpers who illegally jump from heights within NPS areas. The court agreed with the Tenth Circuit in holding that the rectangular shaped ram-air aeroplastic wings employed by BASE jumpers are "parachutes," in spite of the sophistication of the device and its ability to operate like a hang glider. The defendant BASE jumpers had argued that the device qualified as powerless flight and accordingly could not be prohibited by 36 C.F.R. section 2.17(a)(3). The court also agreed with the Tenth Circuit that the term "delivery" used in section 2.17(a)(3) includes self-delivery, or "moving oneself from one area to another," which would apply to a single individual who BASE jumps. The court also noted that the NPS has authority to enforce these regulations. Although the Federal Aviation Administration has jurisdiction to "develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace," the FAA does not have exclusive jurisdiction in NPS areas and nothing precludes the NPS from regulating landings within NPS areas. Most important, the court also affirmed the conviction of a defendant for disorderly conduct under section 2.34(a)(4) for recklessly creating a risk of harm to himself, other BASE jumpers and to members of the public by "creating or maintaining a hazardous or physically offensive condition." "The safety threat implicated in BASE jumping is most often the potential harm to the jumper due to the fatalities and injuries characterizing the extreme sport. We do not, however, discount the safety risks in BASE jumping to members of the public, particularly in areas where people are likely to congregate... We therefore affirm the district court's determination that BASE jumping can create a risk of harm to the public and defer to the courts' evidentiary findings." United States v. Albers, No. 99-10071 (9th Cir. 7/17/00). See also earlier appellate case relating to seizures by rangers on houseboat in United States v. Albers, 136 F.3d 670 (9th Cir. 1998). For more information on this case or other court decisions, contact NPS legal instructor Don Usher at FLETC via cc:Mail at NP-WASO."

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It's to bad. The NPS is, always has been and always will be, tyrant idiots with guns who also happen to have a crooked criminal justice system with an unlimited budget on their side.
Again they fail to address the issue as it pertains to Lake Powell. It does not matter that a parachute is a parachute is a parachute. The bottom line is , is that aerial delivery of or by a parachute is not illegal onto the lake. The US government has stipulated such in court. How can you land a PARACHUTE legally while jumping from a plane but not from a cliff, and when you do jump from a cliff somehow call it illegal aerial delivery?

It would seem that THE IDIOTS WITH GUNS can make the rules as they go.

the NPS sucks, dennis mcglynn

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The most frightening thing about this whole sorry state of affairs is not just the extremes to which the Nazi Punk Service has gone to get its way (at the cost of more than $1 million in taxpayer dollars) but the magnitude of the idiot dialectic visited upon us by the courts... and then twisted by the anonymous Nazi Punk in the NPS Morning Report who doesn't even have the balls to sign his name to his fractured missive.

Even good Nazi Punks are no doubt hard-pressed to follow the "logic" presented by the pin-headed ##### who wrote that little screed.

When I think of the horrifying misuse of power and law and legeal "reasoning" represented by the reprehensible regurgitations of the Ninth Circuit nincompoops, I am genuinely afraid for the future of this country, because if they can demonize and Nazify something as simple and clean and pure and wilderness parachuting, just imagine what they're doing with all their gun laws and "hate" crime laws and the entire repertoire of totalitarian agendas being pushed across the board.

And for you reporters lurking this board: It's time to get off those lazy asses of yours and quit letting the Nazis spoon-feed you and go out and earn your wages.... because the one and only bright spot in this sordid little display of Nazi Punk power is that it's now all ON THE RECORD_, and both the pegnacious ##### who wrote the morning report bilge and the pencil-necked geek deputy director who declared on "60 Minutes II" that the activity is forbidden at a national level have at least given a real target now. (REmember, before Fred & Co. flushed the Nazi Punks from their lying little holes, the Nazi Punk Service always said "there is no national policy against BASE jumping... each unit's superintendent can make the decision independently."

We all knew this was a stinking reeking LIE but we could not prove it until now.

Now, it's on the record. We have detailed writings and "rationales" and OFFICIAL statement of both identified and anonymous weasels declaring it as such, and now the Nazi Punk discrimination is right out there in the open for everyone to see.. and eventually, some reporter is going to get their head out and do what won't even be that hard a job.

So have some faith, Dennis; Nazis always work best behind vlosed doors or at the point of a gun... and right now the door is swinging wider open all the time.

Love,


Robin

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so why are the basejumpers attacking the definition of a parachute and aircraft?

why not what Dennis was saying about people being able to land in Lake Powell after jumping from a plane?

-Chris Stokely

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When we first started arguing this case, that was our argument, ( our ram air canopies are in fact aircraft so we should be allowed the same privilege as any other aircraft to deliver and retrieve ourselves to and from the surface of LAKE POWELL). Our argument was and is a dam good one. As Fred told me today they can just do and say whatever they want, but they know they have been in and are in for one hell of a fight. In the course of our fight over the last several years the government has stipulated, ( only in my case and only in the 10th circuit ) that you can land a parachute without a permit if you jump from a plane. In their constant rhetoric bullsht of trying to always make up the rules as they go and as it suites them, they have created this new fundamental approach. Get this, IT IS NOT ILLEGAL TO JUMP FROM A PLANE AND LAND A PARACHUTE ONTO THE SURFACE OF LAKE POWELL WITHOUT A PERMIT ONLY FROM A CLIFF, ONLY FROM A CLIFF IS IT CONSIDERED ILLEGAL AERIAL DELIVERY. This was never stipulated by the government in the 9th circuit so they did not feel they had to answer to it. Remember justice was not the issue, only that the NPS does not like or want base jumpers around
Fred said our first brief is due in the 10th circuit on the 9th of this month. Then he fully expects the government to ask for an extension. He says they will get it. Then months later they will file a response to our brief and then we get to respond to their response. Then the 10th circuit appellate court will set a date for oral argument,(in Denver CO) Fred estimates Jan or Feb at the very earliest, and then a reply and a decision from the courts by next July. They plan to drag it out and blow us off for as long as possible.
As Fred said they can do and say whatever they want(and they do) but at least they know they are in for a fight.

Talking to Fred today made me feel pretty good. He told me to tell everyone to not give up and that this fight is far from over, and that he is looking very forward to seeing everyone at bridge day.

I hope this makes some sense to you Chris and the rest of you who are interested.
I do still think the NPS are a bunch of BOZOs, and you go Robin (LOL).

Dennis McGlynn RBB#1 (LOL)

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So, let's just say I fly my powered paraglider into the Yosemite Valley one day......wouldn't that be interesting! I'd love fly about 12' over their heads while they do nothing but dream up another outdated law to charge me with, if they can catch me.

http://www.paraborne.com/gallery/low_flyby_small.jpg

Can't wait to hear more about the access issues at bridge day...
cya all there!

jason
base428