NYCkayaker NYC Water Trail--and the Tyranny of Government

[TomBrooklyn]

> > From: Richard Clifford <RichardClifford at earthlink.net>
>  Here is the concept so we don't go off on a long discourse about 
> what one may and may not do. "Everyplace is regulated" by someone or 
> some state agency, and they all assert to operate under the rule of law, 
> to be doing it legally. 

As far as the State of NY is concerned, I could find nothing in it's Constitution
which would give them the right to restict anyone from boating, kayaking, paddling,
sailing, rolling, immersing, or swimming.any of those activities.  Therefore, if the
state has put any prohibitions on the above, those laws are unconstitional and
deserve to be challenged and struck from the books.  

A copy of that document can be found here... 
http://www.senate.state.ny.us/lbdcinfo/senconstitution.html


> The need for regulation often goes to issues of 
> rights and responsibilities of those locales. The boundaries for the 
> City of New York and its Parks Dept. do extend beyond the shoreline....So, if a 
> person is in the water (swimming or rolling) or on it (kayaking or 
> boating) or in the park then someone or some agency is going to be able 
> to "call the police" to tell you to stop, do it differently, or at a 
> different time or manner, or to do it somewhere else.

What document(s) give the City of New York the right to restrict kayaking and/or
immersing?  
 
> For one who is "outside" the boundaries of the NYC Parks Dept. would 
> simply lead to a call to NYC Marine Police and/or the US Coast Guard who 
> would come along and tell you what you may or may not do "legally." 

As far as the US Coast Guard is concerned, they are an agency of the Federal
Government and therefore required to comply with the US Constitution.  There is
nothing in that document which gives the Federal Government the authority to
restrict any normal kayaking activities.  Therefore, any action the USCG might take
would be unconstitutional and deserving of challenge.    

A copy of US Constitution can be found here...
http://www.usconstitution.net/const.html

> Compliance with those directions is an obligation. 

Is it not also an obligation for a free person to oppose tyranny of Government?  If
not an obligation, is it at least a right--a Human Right?  

TomBrooklyn
  
======================
> David Gottlieb wrote:
> 
> >I'm not sure that the Parks Dep't can legally prohibit someone from swimming
> >or practicing immersion escape techniques just because they provide access
> >to the greater waters. They can probably prohibit these activities if the
> >water area is included within the boundary of the specific park, but once
> >out of the boundaries they have no jurisdiction. ........

> "mike" wrote:
> > ...This chapter is a bit disturbing
> > "Because the waters can be polluted, boaters should avoid water contact to
> > the greatest degree possible. Swimming, water skiing, windsurfing, scuba
> > diving or practicing immersion escape techniques in the water to which the
> > launch site give access are prohibited"