Greetings, fellow NABX'ers and buggy pilots everywhere!

At Dean's request, I'm posting a concise synopsis of my case, so that all who wish to be informed will have just the facts, ma'am.

Sometime back in March, while buggying at Carlsbad State Beach in Carlsbad, California, I was approached by a "new" Lifeguard who had just been transferred in, he told me, from Torrey Pines State Beach, which is San Diego's clothing-optional beach area.

This officer, one J. S. Bilt, stated that it was "too crowded to be doing that here today". I looked around, and asked, "This is too crowded?". He responded in the affirmative, and added that I was not allowed to have a vehicle on the beach, in any case. Note: it was a cool and windy day, with only a few knots of people on the beach....quite the opposite of "crowded". I have also buggied on this beach during surfing competitions, with a real "crowd" in bleachers, and provided the entertainment for those tired of squinting at little, tiny surfers waaaaay out on the swell. Rangers, Lifeguards, Carlsbad Police Department, all were present, all had no problem with me whizzing back and forth at the waterline, sliding into turns in the surf and generally showing off.

I asked Officer Bilt if he didn't think it would be rather difficult to convince the court that a motorless, 18-inch-high coaster-cart was a vehicle. His response: "I could write you a citation, and we could test it out. It's not human-powered". "No," I responded, "I don't want to set any legal precedents here, and I acknowledge your authority to determine when I should leave the beach, so I'll just go." And I went.

About six weeks later, on May 7th, I again stopped at Carlsbad State Beach, to buggy. I've been buggying this beach since 1999, and my only encounter with one of the rangers was a day in 2001, if I remember correctly, when a ranger came out in his truck, stated that it was getting kinda crowded down by the water, and asked me to make it a policy to move up to the mesa, back from the water and elevated about 4 feet from the soft sand, whenever the beach started to fill up. I made that my practice from then on, and never had an argument, an incident, a negative encounter with a member of the public, or any trouble whatsoever. I was the only buggier I've ever seen on that beach. So, on May 7th, after one 10-mph cruise down the beach, in which I encountered about 15-20 people on the entire beach, and never approached any of them closer than 10 feet or so, here comes Mr. J. S. Bilt, in his 3/4-ton Dodge truck, which, of course, does not endanger the public. He alights from the truck, and his partner does also. He walks up to me and says, "It's too crowded here to be doing that". I counted... there were exactly 11 people on a quarter-mile of beach, counting the Lifeguard in his tower. It was cold, breezy, and clouding up, and people were leaving in a steady stream. My response to Mr. Bilt was, "You have GOT to be kidding!" He immediately reached for his ticket book, at which time his ride-along partner stepped behind me, took a spread-legged stance, and placed his hand on his gun. Whoa, nellie... this Kite Kriminal wasn't gonna get the jump on these two, no sir! It was ludicrous, it was laughable, but they weren't amused.

I was issued a citation for:

1. CCR (California Code of Regulations) 4319: Games and activities which endanger the public.

2. CCR 4355: Operating a vehicle on a beach.

Mr. Bilt showed me the ticket for signature, and told me verbally that he wasn't charging me with misdemeanors, as he could have, but only with "infractions", and the little boxes on the ticket were circled, "I" for infraction. What the officer didn't know, (or maybe he did?) and that I would find out at my arraignment in Traffic Court, was that these Regulations are not chargeable as infractions, but are only treated as full misdemeanors, and I was bound over for trial in Criminal Court.

The Commissioner was kind enough to advise that I immediately secure legal representation, and stated that these were criminal charges, and could carry fines as high as $5000.00 per offense, and up to six months in jail for each. He could make no further comment, as he is not allowed to deal with criminal cases. That was it... the State considers me a criminal, for riding a kite buggy on a state beach, where I had been doing so for seven years under the watchful eyes of three different enforcement agencies, without incident or argument.

My first attempt at securing legal representation delivered a smashing blow... $2500.00 flat fee for representation, and all the attorney would do is plead it down to an infraction, get me a smaller fine, and I'd plead guilty, pay my fine, and walk away.
This lawyer advised that no legal precedent would be set for future prosecutions of the same offense, and that this would be the cheapest alternative for me. I spent the weekend depressed and discouraged, to say the least, and figured I would borrow the 2500 bucks from my employer and plead out the case.

This morning, I spoke with my boss, who recommended I contact our legal counsel, which I did. He referred me to an attorney named Ray Gomez, a 35-year defense attorney in San Diego, and a man with contacts in all the right places.

Mr. Gomez advised that I meet with him tomorrow morning, but his first comment was, "You do NOT want to plead this out... you need to WIN this case. Otherwise, the state will have legal precedent to ban you and your entire organization from public lands anywhere in California, labelling your sport as 'endangering the public', and identifying a kite buggy as a 'vehicle'."

From the story I told him, he seemed to feel that this was well worth fighting, and that I really didn't have much choice. Of course, my loyalties to the buggy community as a whole go right out the window when I can't put food on the table for my family, but I feel that I can manage the financial end of things, if just given a little time, and so I have chosen to go forward to trial on this issue.

Over the last few evenings, I have watched a groundswell of support begin to happen out there, and it has been most gratifying to feel the caring of all of YOU. And this morning, I received a call from a total stranger, asking where to send his fifty bucks, for my defense fund. I nearly fell out my seat, and after talking with this gentleman named Rene-Marie, I cried.

The only suitable response to all of you out there is a heartfelt THANK YOU!!! Those who contacted me and offered direct, personal and financial support, and you know who you are... you are the kind of people who attracted me to this crowd, in the first place. I rest confident that I chose a great sport to get into, a great group of folks to do it with, and the rewards, even in the face of this situation, far outweigh the detriments.

To those who think I'm grandstanding, (and there are some), and who think I asked for these troubles and deserve my own fate... I pity you. You don't "get it". And if I lose this case, you'll have your own Officer Bilt to deal with, and soon.

So that's the history, and the story to date of my ordeal. I will keep everyone posted daily as things evolve, and I may appeal to you individually and/or collectively for letters, literature, testimonials, or just emotional support as things go forward.

Anyone who can spare a little cash for the defense fund, please do so... I will not take this money as "charity", but will consider it a loan, to be repaid back into the fund at a rate I can sustain and still pay the rent, until it's all returned and available for the next case like mine. This is what good sports organizations and hobby clubs do for their membership, and we can do it, too!

By the time this is over, I'm sure all California State Park personnel will at least know what a kite buggy is, why it doesn't have mechanical brakes, how fast it can go in what kind of conditions, and most important of all, that the pilot determines the danger... not the device. Then, perhaps others will still get tickets, but hopefully they'll actually deserve them, or they'll fight and win with help from NABX, AKA, and all of us.

We've always attempted to educate the public about our passion... somehow we missed educating law enforcement and land management agencies, with the obvious exception of Corey Jensen and Scott Dyer's efforts with the BLM at Ivanpah and El Mirage. I'm going to make every effort to turn this into a positive occurrence for us all, rather than a negative one just for me.

Keep good thoughts, prayers, meditations, whatever works for you... KITE BUGGIES ARE NOT A CRIME!!!

- The Karlsbad Kite Kriminal
(aka Lack-O-Slack)
(aka Mike Dooley)


**PKF Editor's Note: If you had responded to the preivious version of this thread, please repost your comments here. Sorry for the inconvenience.

Just so everyone knows, here at NABX we officially support Mike's efforts on our behalf.

For any of you who do not know Mr. Dooley personally, let me just let you all know that if he says he was operating his buggy safely, you can rest assured that indeed, he was. Mike is a kiting ambassador wherever he goes, and i'm sure will come out on top of this thing, but he is going to need the support of the buggy community, and we here, at this web site will try to keep everyone as informed as is possible.

The funds address and information will be back up asap.

dean~aoxo~jordan

Greets, Buggy Family!

Well, after a one-hour conversation with Mr. Raymond Gomez, I paid his retainer and hired him for my case. I have never plunked down that much money and come away with no kite or gear... and gee whiz... nice lawyer, but can you buggy with it?

This attorney has 35 years' experience in criminal courts, and knows every prosecutor, judge, and bureaucrat in the area, so I think he's the right guy for the job. Most importantly, he wants to fight and win this case... so yes, I can buggy with him.

Now, he has charged me with educating him on all things buggy. I've downloaded manuals, flyers, diagrams, and pamphlets from AKA, WindPower Sports, several UK powerkite sites, and other sources too numerous to mention in detail... suffice it to say the guy's gonna know everything except how it feels, and if he asks, I'll take him out to El Mirage and drag him around a bit. Might have to call on somebody with a tandem rig, for that.

Mr. Gomez will attend my "name the attorney" meeting tomorrow morning, which does not require my presence. He will enter a plea of "not guilty", and then set about the task of requesting that everything scheduled be delayed, to give him time to prepare his case. So, the August 22nd trial date that I now have will undoubtedly be moved out, probably to sometime in September.

This delay is a two-edged sword, in that it gives us time to prepare, but it also gives us time to forget, focus elsewhere, be distracted by events and occurrences that SHOULD distract us, after all! However, I'm a little concerned at this point that interest in this issue will wane, and attention be turned elsewhere, right when critical testimony or documentation is needed.

I will keep posting with updates as things occur, and will certainly welcome any testimonials, expert witness statements, or documentation of any kind supporting the safety and desirability of buggies, their non-polluting nature,
the ability to safely negotiate crowds or tight spaces, any thing at all. We can choose what to use and what not.

Most buggy safety literature, I'm finding, says things like "avoid people" or "don't fly over crowds", when, in fact, we find ourselves many times in situations where we must do just those things... like at any kite festival. So, if anyone out there has testimony, video, photos, or any record of kite buggies in crowded venues or on populated beaches, please drop me a line. I know Dean and several others buggied at Woodstock '99 in a HUGE crowd, and I've been up and back on Bolstad at WSIKF, on a Sunday... tsk, tsk... the "officials" were "not looking". (Amazing what you can get away with, when you know how to fix their computers.)

Thanks to all of you who are motivated to contribute to my cause, and to all those who aren't or who can't contribute, thanks to you, too, for your interest in this case. Even if you just think about your buggy technique and how you react to law enforcement or the public, then this is a worthy exercise for us all.

-The Karlsbad Kite Kriminal
-aka "Lack-O-Slack"
-aka Mike Dooley

I will not forget about this situation. This could of happend to any of us so we all need to be real careful out there and stay safe.

Susan

hey mikey
it goes without saying
you are in my thoughts and prays

I will be watching this one closley also.

I had a similar experience a couple months ago. I was confronted by some young 20-something ranger in his truck on my local state beach. He too said it was "too crowded" and the nearest knot of people was a couple hundred yards down the beach. I didn't push the issue, since there was so little wind that day anyway. Even with the 5m I could walk faster than I could go in the buggy.

I looked up those CCR's on http://www.calregs.com. 4355 can't stick if their definition of a "vehicle" is the same as CVC article 670. 4319 might stick, but if it does, then any recreational activity people do at the beach could be construed as "dangerous"; throwing a frisbee, a game of football, riding a skim board, surfing, flying a kite...

Hell, some idiot could trip over a sand castle, better ban that too, eh?

It seems to me that some of the new generation of LEO's are enforcing the letter of the law instead of upholding the spirit of the law.

Best of luck.

I totally agree, we need to be mindfull of our surroundings and our rights!
You have my complete support, Dooley, and I am very thankfull that you have chosen to fight this absurd charge.

Joe Irby

Buggying is a crime:

:!:

Only if you don't

This would be laughable if it weren't so close to home for all of us. I have only been in this sport for a short time, but have found, without exception, the most open, caring, and generous bunch of people I could ever hope to befriend! My heart and prayers go to you, my brother!

HEY MIKE KICK THERE BUTTS DUDE......I AM SO FREAKIN MAD AND UPSET FOR YOU RIGHT NOW......AND THANK YOU SO MUCH FOR TAKING UP THIS FIGHT FOR ALL OF US......ALSO IF THEY WANT TO TALK ABOUT CROWDS JUST SHOW THEM SOME PIKS FROM NABX WEBSITE FROM THE LAST BLAST IN PRIMM.....WE WHERE SAFELY BUGGING IN AND OUT OF THE CROWD....AND PLEASE GET THE ADDRESS BACK UP AS SOON AS POSSIBLE BECAUSE I WANT TO DONATE TO THE CAUSE.....AND DONT WORRY ABOUT IT PAYING ME BACK ITS A WELL WORTH WHILE CAUSE THAT IS NEAR AND DEAR TO MY HEART.....I CANT TELL YOU HOW MUCH I JUST LOVE EVERYONE IN OUR SPORT THEY ARE THE MOST KINDEST AND MOST CARING PEOPLE I HAVE EVER MEET AND CANT WAIT BEFORE WE ALL CAN BE TOGETHER AGAIN....KEEP UP THE GOOD FIGHT.......

SHANNON

Quote:

Originally posted by CHANNIN75AND PLEASE GET THE ADDRESS BACK UP AS SOON AS POSSIBLE BECAUSE I WANT TO DONATE TO THE CAUSE.....AND DONT WORRY ABOUT IT PAYING ME BACK ITS A WELL WORTH WHILE CAUSE THAT IS NEAR AND DEAR TO MY HEART..... SHANNON

Donation info can be found here...

http://www.powerkiteforum.com/viewthread.php?tid=1343

Good luck with this - its starting to become a problem in the UK finding places to fly/board/buggy with restrictions and bans coming in all the time.

I'll try to get some photos of my local flying site when its busy, and this weekend looks like ideal waether for the fair weather crowd to trurn out so hopefully there should be enough to show that it can be done safely even when busy.

Mike,
You certainly have a lot of keystrokes invested in this one so far. Of course you have my support and interest. (didn't you try the Jedi mind trick on this stormtrooper? Take some lessons from Dean.)
Good Luck.....
Jason

THANKS DAVE I WILL CHECK IT OUT ASAP........

I just put my money where my mouth is and sent a donation to the fund.

Having been through a legal battle recently, I can certainly empathize with the cost of blood sucking lawyers but when you need one, they are your only hope.

-john

Buggy Brethren,
This is a fight we are all invested in.

Jeanna at BLM Elmer's might be able to help with a letter about her experiences with buggiers.
Merle and Ranger Hall at BLM Needles might be able to help the same way.

We have good contacts within the law enforcment community.
We need their help too.

Here's another idea:
Instead of an auction for David's kite stake, I think a raffle would work better and help raise more money.
As it is, many are expressing support, and offering money, but only one will pay and the rest is not helping Dooley.

A raffle would generate more money.
That is the point after all.


Safen Up! Buggy On!

"I am often wrong, but never in doubt."

the coreylama

Quote:

Originally posted by coreykite Here's another idea: Instead of an auction for David's kite stake, I think a raffle would work better and help raise more money. As it is, many are expressing support, and offering money, but only one will pay and the rest is not helping Dooley. A raffle would generate more money. That is the point after all. the coreylama

More money is good. It's too late for David's stake but we still have Glenn's 4m JOJO RM. How would you go about implimenting a raffle?

How to Do A Raffle?

Maybe trust would be the key.
This would need to be trust-based.

Buy a roll of tickets and give them to Claxton
A roll of tickets.
With numbers on each one.
$5 per ticket.
Send in your money.
Somebody (Claxton) would put a ticket for every $5 into a jar.
At the pre-set date, the raffle closes and Claxton picks a Lucky Winner.

Or... If you don't need that much encouragement...
Just send a check to Dooley.
I am.



Safen Up! Buggy On!

"I am often wrong, but never in doubt."

the coreylama

Hey Buggy Brothers & Sisters ,
In regards to a raffle of Glen"s $4m JOJO RM Kite.
Thanks for the vote of confidence from the the coreylama.

I have had some experience doing a raffle. I would be glad to offer my assistasnce in this worthy cause for MDLDF.

I will pick up a roll of Raffle tickets today .
If those who would like to participate in this raffle, I would request that
you include the following:

1. Number Of Tickets Requested

2. Payment Can be made by cash /by money order/ by Check made out to
CLaxton Thompson / NAX with MDLDF Raffle on the Comment line.

3. Please Include a STAMPED, Self-Address Enevolpe for return of your
Tickets and cash receipt.

4. Shipping Address is :
Claxton A. Thompson
1916 Castle Bay Court
Oldsmar, FL 34766

5. As for a close date on the raffle, How about the date when the Trial
outcome has be determine or Lets ask Mike to give us a Close date.

6. I would like Mike Dooley to have the honor of Pulling the winning
Raffle ticket .

7. Once a Winner has been determine we can notify Glen where to send
the Kite to the Raffle Winner.:D

hey gang
i sent the kite to dave dickerson so he can take some pictures of it.
so we can post up a picture or two of what the kite looks like.
i would like to know how much its sell for.

Quote:

Originally posted by bugymangp hey gang i sent the kite to dave dickerson so he can take some pictures of it.

Yep, I got it and I'm keeping it. It's mine I tell ya, mine! Hahaha, just kidding. I don't actually have it yet, should be here Friday. I'll post pictures of it this weekend.

I would imagine Mike will need the funds before the trial date. Since the initial date is August 22nd, maybe run the auction until Aug 15th? If the trial is postponed, as anticipated, maybe extend it to Labor Day? Just some thoughts...

PS Thanks for doing all this Claxton. Be sure to make it for DBBB again this year, where you won't be asked to do anything, Promise!

I have and will put up another WMD custom kite stake for a Raffle.

In regards to the raffle, we at NABX would also offer a kite prize. I'll post the kind of kite(traction)as soon as i return to the kite stash.

Dooley yer gonna win!

aoxo~!

Quote:

Originally posted by RBGCAT Hey Buggy Brothers & Sisters , In regards to a raffle of Glen"s $4m JOJO RM Kite. Thanks for the vote of confidence from the the coreylama. I have had some experience doing a raffle. I would be glad to offer my assistasnce in this worthy cause for MDLDF. I will pick up a roll of Raffle tickets today . If those who would like to participate in this raffle, I would request that you include the following: 1. Number Of Tickets Requested 2. Payment Can be made by cash /by money order/ by Check made out to CLaxton Thompson / NAX with MDLDF Raffle on the Comment line. 3. Please Include a STAMPED, Self-Address Enevolpe for return of your Tickets and cash receipt. 4. Shipping Address is : Claxton A. Thompson 1916 Castle Bay Court Oldsmar, FL 34766 5. As for a close date on the raffle, How about the date when the Trial outcome has be determine or Lets ask Mike to give us a Close date. 6. I would like Mike Dooley to have the honor of Pulling the winning Raffle ticket . 7. Once a Winner has been determine we can notify Glen where to send the Kite to the Raffle Winner.:D

Another thought from the fertile minds...

How about a number (3-5) of raffles, each of shorter duration.
Say run one from now to July 18th.
Another can be started anytime and run to Aug.1st.
A third can run to Aug. 15th.
Maybe a fourth to the 29th.

More chances to give to the fund.

Of course we'll need more items to raffle off.
WindPower Sports donates a 3m power kite package.

Who else among the business side of kiting will join me?

If not now... When?
If not us... Who?


Safen Up! Buggy On!

"I am often wrong, but never in doubt."

the coreylama

Quote:

Originally posted by coreykite Who else among the business side of kiting will join me? If not now... When? If not us... Who? Safen Up! Buggy On! "I am often wrong, but never in doubt." the coreylama

Well, folks, the Coreylama said it first and best, as he often does, and I'm fair bursting with pride that it was him, as I have been expecting all along. This NABX group is growing into something of which we can all be proud of our association and contributions. And the retailers, wholesalers, and manufacturers of our gear are a big, fully integrated part of the whole thing, too. Much more so than AKA, or even the ARC, if you ask me... what other sport allows you to go out and play side-by-side with the guy who designed your rig, and even #@%$#! at him about welding quality, or, God forbid! steal his hat. :o)

I had just corresponded with Coreylama, before reading his post here, and it's a good thing. I prolly woulda gotten all mushy in my email to him, and scared him real good.

Thanks, Corey, for saying the right words at the right time once again, as you are so adept at doing.

Of course, it can't hurt to throw out a general "thank you" to the NABX crew and all the buggy family out there, too. I know I've said it too often, but you folks just can't know how awesome and uplifting this whole process has become for me... from the pits of depression and ready to sell my buggy and quit, I've been lifted up to a place where I think just about anything is possible for this group of rascally Americans. I told Corey... King George shoulda sent us to Iraq... the whole place would be partying (and buggying) by now, and the Iraqis would be wondering when all these Bedouins emigrated to the U.S.!

But to topic... Latest News:

My attorney called yesterday, and we set an appointment for Tuesday next at 10:00 a.m. He said, "I think there's a distinct possibility I'll have some very good news by then." He wouldn't say any more.

Please meditate on "dismissal, dismissal, dismissal". No expensive trial, nothing on my record that I didn't deserve to have there (yes, there's a past out there, like most of us).

Every last one of you reading this is a brother (or sister) from another mother, to me. Thank you again, and stay tuned.

-The Karlsbad Kite Kriminal
-aka "Lack-O-Slack"
-aka Mike Dooley
-AKA Pilot 116866

maybe something like this to raffel

http://client.webshots.com/photo/377398395/389928189saObWF

:evil:laugh



I'm in the works right now in making a new one to raffel. I find it hard to keep the ones I make so I may present them as a WMD kite stake collection THEN auction,raffel or sell them. I'll have it maybe done for the 3rd raffel if not i'll pull something from the current collection .

If theres anything else I can do please let me know. Polish your rims raffel..... buggy naked raffel

Greetings, Buggy Family world wide!

GREAT NEWS, EVEN BETTER THAN HOPED FOR!!!

My attorney, Raymond Gomez, has secured a COMPLETE DISMISSAL OF ALL CHARGES, WITH PREJUDICE!!!

Most important is the "with prejudice" part of this judicial decision; it means that the charges levelled against ME cannot be used against anyone, for this offense, ever again!

Hear this, everyone: In California, a kite buggy CANNOT BE CITED AS A VEHICLE, and in California, using a kite buggy on a public beach CANNOT BE CLASSIFIED AS "GAMES OR ACTIVITIES WHICH ENDANGER THE PUBLIC".

This decision was handed down on June 29th at 9:00 a.m. in Department 14 of the California Superior Court in San Diego County, by the Honorable Richard Mills.

The reason the news was held until this late date was that if the District Attorney or the officer who cited me wanted to charge me with some other offense, and re-submit the case, they had these last two weeks to do it. Nothing was filed, so I am free of any further harassment for this incident, and legal precedent has been established by the court as previously stated.

WHOOPEE!!! WE WON!!! And a better win than I could have hoped for.

Now, if the fund is working, all I have to do is come up with $2500 to make it feel like this never happened. Legally, it never happened, and can never happen to anyone else in exactly this same way. The Fun Police will have to come up with some other charge to use.

Now, the hard part begins: negotiating with the constabulary that rule the State Beach to get a COOPERATIVE agreement going that allows our sport, with appropriate limitations (rather than criminal charges), and so that future buggy pilots will know the "road rules" and how to deal with the authorities in these venues. As goes California, so goes the nation, or so they say... so now we have our work cut out for us. Finding the right people, presenting the right facts and literature, arranging some sit-downs, or even a buggy demonstration and education session for decision-makers in the State Parks and Recreation bureaucracy.

So... a very positive outcome for all of us, and a very hopeful stage has been set for further "ambassadorship" of our sport, with the long-term goal of spreading this great pastime to more people, in more places, legally and hassle-free.

Needless to say, I'm walking on air, and must repeat myself again: THANK YOU, TO ALL WHO SUPPORTED AND GAVE THOUGHT, TIME, EFFORT, AND MONEY ON MY BEHALF!!! You guys had as much to do with my ability to go forward with this thing as anyone, and you all deserve a HUGE amount of credit for taking this on with the attitude that you did. This is why we value our growing numbers, and why we act together, shoulder to shoulder, when something like this happens. It's a big, fat WE in the statement, "WE WON".

-The FORMER Karlsbad Kite Kriminal

hey mikey
way to go.
i love it when a plan comes together.

oh
i forgot???
so does this mean your NOT going to sell
your buggy gear.:puzzled::tumble:

Hahahahahaha! You thought you'd get my gear, eh?

No such luck!

Man, it's such a relief to be out from under that mess. Guess I better go buggy.

Nice ticket, officer.... can you buggy with it?

YES, WE CAN!