NYCkayaker NYC Water Trail--and [nonsense]

[mike]

  I know it is cold and windy, but sheesh........
 Police and other LEO types can't make up laws as they go along to suit
their whims. Though they seem to be trying everyday with  way too much
success and calling it homeland  security .
 Luckily, we have people that fight these police state battles every day. I
believe these are launch areas regulation, not laws.
Just because the police tell, you to do something do not make it a lawful
order.  Of course, that will be hashed out in court, and they might beat you
down, but fortunately, we have people that do stand up for the land of the
free and brave.
I have seen quite a few videos this week of local police telling people to
stop videotaping their actions, guess what, that is not a lawful order.



>>-----Original Message-----
>>From: nyckayaker-bounces at rockandwater.net [mailto:nyckayaker-
>>bounces at rockandwater.net] On Behalf Of Richard Clifford
>>Sent: Saturday, March 29, 2008 4:23 PM
>>To: 'NYCKayaker'
>>Subject: NYCkayaker NYC Water Trail--and [nonsense]
>>
>>NYCKayaker,
>>    How much fun is this? Answering legal questions on NYCKayaker.
>>    Well, the correct answer is that you would be asking your attorney:
>>"Really, what the heck is section 120 of the penal code?" And, your
>>attorney would answer: Sir, the NYC Police or the NYS Trooper, etc. has
>>charged you (for your activities) with violation of  Section 120.20 or
>>120.25.
>>
>>Perhaps, in some other combination the charge might be Section 120.30 or
>>120.35. But, that would not be right. - Richard Clifford
>>
>>
>>Sec. 120.20  Reckless endangerment in the second degree.
>>    A  person  is guilty of reckless endangerment in the second degree
>>when
>>he recklessly engages in  conduct  which  creates  a  substantial  risk
>>of
>>serious physical injury to another person.
>>    Reckless endangerment in the second degree is a class A misdemeanor.
>>
>>Sec. 120.25  Reckless endangerment in the first degree.
>>    A  person  is guilty of reckless endangerment in the first degree
>>when,
>>under circumstances evincing a depraved  indifference  to  human  life,
>>he
>>recklessly  engages  in  conduct  which  creates  a  grave risk of death
>>to
>>another person.
>>    Reckless endangerment in the first degree is a class D felony.
>>
>>
>>
>>TomBrooklyn wrote:
>>
>>>>>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.
>>>
>>**********************************************************************
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