Wednesday, August 24, 2005

Article in Review

An article appeared in Bainbridge Island Review today, August 24, titled Road end opened, closed. Here are selected quotes from the article with my comments interspersed. (Sorry no link. It's not online to my knowledge.)

Review: The road end has been gated and locked for 10 years.

According to the state appeals court, the fence was erected in 1986.

Review: The gate has remained locked, while neighbors decide whether to seek reconsideration of the appellate court ruling or petition the Supreme Court for review.

Meanwhile the City of Bainbridge Island endlessly twiddles its thumbs, allowing the libertopians to define facts on the ground despite that every court ruling says the beach is public. How many more decades can this go on?

Review: Lisa Neal, one of the neighbors doing battle with the city, had previously asked the public to avoid the road end "until the matter is completely resolved, perhaps by a higher court".

Welcome to full-on libertopia, where greed and disregard for the law is unabashed.

How many more decades Ms. Neal?

Review: Chester's actions were investigated for possible charges of trespassing and malicious mischief. But Bainbridge police issued a statement Tuesday that no charges are imminent.

On August 19, the police explicitly confirmed to me (via telephone) that I was being charged with a crime. This was confirmed again by a member of the city council on the 22nd.

To the Bainbridge Police and/or prosecutor: Please communicate my status to me in writing.

Police (per the Review): Due to reports in the media of the court's initial finding that the access was open to the public and being unaware that the case had been appealed, the subject thought he had the right...

Thought and still think. The libertopians can appeal until they are blue in the face. In the meantime it's a public beach per every court ruling.

I point to state law, which the police are required to uphold. The City points to libertopian shadow law. Regardless if the City chooses to be passive about the fence, the police have no right (to the best of my knowledge) to prevent the public from enjoying this public beach.

Until a vaguely coherent argument is presented by the City, I recognize the ruling of the state appeals court as definitive: Fletcher Landing is public.

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