News & Views for Southern Sailors - Southwinds Magazine

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LETTERSlocal officials could be removed from office and fined $5,000if they tried to.I swear I once read in SOUTHWINDS, back when MarcoIsland passed a law that restricted anchoring in their waters,that if a local community passed a law that they knew was inconflict with state law, that those who passed the law—meaning the Marco Island City Council—could be liable forprosecution. It seems like a lot of us boaters knew it was illegalwhen they passed it, so why didn’t the City Council?Don’t they have city attorneys? And didn’t those attorneyslook into that and advise them that it was in conflict? And ifso, then shouldn’t those Council members be prosecuted?Frank Benjamin,S/V Poor Richard• Sun/Rain awning, self supported, no halyard.• Rigid, folding, flexible frame. “Stands on lifeline”.• Waterproof, marine grade construction throughout.• Easy up & down. Stows complete in 10"x36" bag.• Designed for use in true cruising conditions.• Stock models for up to 50ft LOA $300-$800.• Custom designs also available.www.shadetreefabricshelters.comemail: info@shadetreefabricshelters.com1-888-684-3743 1-251-987-1229Frank,So right you are. I was under the understanding that any localgovernment which knowingly passes a law that is in conflict withstate or federal law makes those government officials subject toprosecution, but I am beginning to think it is a myth. After youwrote this, I Googled that article and saw that the FloridaLegislature specifically stated in law the punishment and finesthat local communities were subject to if they passed local gunlaws. That really makes me think it is a myth that all officials aresubject to such punishment. But perhaps for the gun law, theLegislature just wanted to delineate the exact fines and punishmentsto make a point. After all, if the Florida anchoring law hadstated those terms, do we really think that the Marco Island officialswould have passed their law restricting anchoring?Of course, if it isn’t the law in general that officials cannotknowingly pass laws in conflict with established law, then itshould be, because many of the problems we see on the water areenforcement through intimidation. That means that even if we allknow that they cannot legally arrest or fine us because we knowthe law is illegal, they will win because they are betting we aren’tgoing to go through the hassle of being arrested or fined and thenfighting it in court, which means lots of time and money. Whenfaced with that scenario, most of us would just decide to move ourboat and anchor it elsewhere. Why go through the hassle? I call it“punishment without conviction.”That’s how it worked with the two organizers of the Cubaregatta back in 2003. They were prosecuted under the Tradingwith the Enemy Act, which says U.S citizens can’t go spendmoney in Cuba. Like others before them, these people were chargedwith crimes, but never went to court. They went through a yearand a half of questioning, inspections, confiscation of files andharrassment. Because of the government harassment, one of theorganizers lost her sail loft in Key West—her livelihood. Thecharges were finally dropped—on the Friday before the Tuesdayelection day (for local, state and president) in November 2004 (acoincidence?). Punishment without conviction.If we could hold local and state officials liable for passinglaws they know are illegal, then a lot of these laws would never getpassed. Even after the Marco Island ruling, we still have otherFlorida communities restricting anchoring—with the knowledgethat it is most likely illegal.It’s all a matter of lawyers, guns and money. The gun lobbyhas more money and lawyers than the cruising boaters do. Isn’tthat the truth?Editor10 May 2012 SOUTHWINDS www.southwindsmagazine.com
Southeastern U.S. Air & Water Temperaturesand Gulf Stream Currents – MayFor live buoy water and weather data,go to the National Data Buoy Center atwww.ndbc.noaa.govWIND ROSES: Each wind rose shows the strength and directionof the prevailing winds in the area and month. Thesehave been recorded over a long period of time. In general,the lengths of the arrows indicate how often the winds camefrom that direction. The longer the arrow, the more often thewinds came from that direction. When the arrow is too longto be printed in a practical manner, a number is indicated.The number in the center of the circle shows the percentageof the time that the winds were calm. The lengths of thearrows plus the calms number in the center add up to 100percent. The number of feathers on the arrow indicates thestrength of the wind on the Beaufort scale (one feather isForce 1, etc.). Wind Roses are taken from Pilot Charts.27th Annual&RENDEZVOUSRaft & party on FridayRace in the Gulf & Party on SaturdayBreakfast with Charley Morgan &depart on SundayFor more information/registration:MorganInvasion.comor call Les Lathrop at727-367-4511 x 236SAILING FOR HOSPICEMay 18-20, 2012Hosted by The Club Treasure IslandOriginal Home ofThe Morgan InvasionNews & Views for Southern Sailors SOUTHWINDS May 2012 11
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