BigLoad
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Post by BigLoad on Sept 2, 2015 10:12:14 GMT -8
If you want to make sure that the "authorities" overreact to something you do, talk to them, fully understand their regulations, and then tell them that you are going to violate a few of those, pretty much because you feel that you have the right to do that, no matter what they say. Works every time. That's exactly right. It reminds me of the time I researched how outfitters were allowed to cache water in a particular Wilderness, and I asked the Rangers if I might be afforded that same privilege. As you might imagine, the response was emphatic and absolute (and I complied). They have little choice. A rule has no meaning if the enforcers are obligated to make an exception merely because you asked nicely.
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Deleted
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Post by Deleted on Sept 3, 2015 3:29:19 GMT -8
Ashepabst wrote: A state law against public consumption is not an "alcohol ban." It is a ban against public consumption — not private possession — of an alcoholic beverage. Ashepabst wrote: Where what is prohibited? Unless you are not yet of legal age, the law is not against possession. It is against public consumption. A state law against public consumption is not a prohibition or ban on alcohol. So you "taking a beer with you" is not the same deed as "drinking it in public." I'm not aware of such areas that ban outright the possession of an alcoholic beverage. Maybe you misunderstood the rules again. Ashepabst wrote: Your question is a non sequitur. The law and rule in Baxter State Park is against public consumption — not private consumption. Ashepabst wrote: Seriously? You think it is silly for a state law enforcement officer to even ticket the breaking of a state law? What exactly do you think they are paid to do? Good luck living in a society where people who pay commercial film crews to document and advertise their crimes are not prosecuted — as if money and paid publicity buys immunity from the law. --------------- Links: [/a]: Maine Revised Statutes, Title 17: Crimes, Chapter 69, Intoxication, §2003-A. Definitions. Baxter State Park Rule on Public Consumption: 6.5. General laws of the State pertaining to alcohol and drugs apply within the Park. Maine law prohibits the drinking of alcoholic beverages in public places.[/font][/ul]
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amaruq
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Post by amaruq on Sept 3, 2015 6:02:40 GMT -8
Does a tent constitute a private environment?
What if it's a big one? With open sides?
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desert dweller
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Post by desert dweller on Sept 3, 2015 7:11:49 GMT -8
Does a tent constitute a private environment? That's a good question. Though, I think it has already been answered via a court action. A tent is considered a legal residence with all the protections of a permanent residence. Those rights and protections vary from State to State which may be different from the Federal Agency's rules. This means that a Ranger can't enter your tent without a warrant unless he detects illegal activity or if an emergency is in progress. I'm sure Travis will correct me. Which is fine because he's much more knowledgeable than I about such things.
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Deleted
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Post by Deleted on Sept 3, 2015 8:06:57 GMT -8
I'm sure Travis will correct me. Which is fine because he's much more knowledgeable than I about such things. Actually I won't even attempt to because I think you are probably right. I'd say that's accurate enough as a general principle. There may be some context that could place that principle in question, but without more details on circumstances, that's the place to start. The Maine state law as applied on Kitahdin and in Baxter State Park is not at all unusual. Most states have similar laws, and the vast majority of places we backpack are probably covered by laws similar to those in Maine. But as Desert Dweller suggests, the laws (and interpretations) can vary from state to state. A person can go through case law and court decisions for any particular state or jurisdiction, but most of us don't seem to have had a big problem with it. Lots of members in these forums have included drinks in their trip planning for refreshment later in camp. And they've done so apparently without a problem and probably within the law. But if some guy announces his actions ahead of time, walks up to a small crowd of people, where crowding is actually prohibited, yet in the most public spot in a vicinity, opens a bottle in front of commercial camera crews, flagrantly blows the top of his drink into the air, and takes a big swig while openly relishing the publicity he sought — well, then he has just broken the law of almost any state in this country. There are not many jurisdictions where that would be legal. A private backcountry campsite is a very different setting.
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Deleted
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Post by Deleted on Sept 3, 2015 9:59:44 GMT -8
Seems like many of you are misinformed about the facts of this case. we'll see next week what the judge decides.
Jurek is not accused of breaking any laws and is not cited for breaking any laws. That would be a criminal matter. What he is accused of is violating BSP rules. That is why this is a civil matter. It does seem from a legal standpoint that Jurek will prevail because the facts are on his side.
The rangers counted the number of people in his party when issuing his permit and before ascending Katahdin. With the alcohol, he asked the rangers first before opening and taking a swig. The rangers are required to provide accurate information, otherwise the legal principle of entrapment applies. He did not do this in defiance of the rules. He has also acknowledged in his blog that he should have been better informed about the alcohol rules in BSP. The littering charge is just plain silly. It seems the whole action was preplanned by Bissell and that is why Jurek's attorney has subpoenaed Bissell's records.
Travis, I strongly suggest you see a proctologist about your condition.
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Deleted
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Post by Deleted on Sept 3, 2015 10:35:48 GMT -8
Travis, I strongly suggest you see a proctologist about your condition. You've ignored most everything written in this thread in favor of a crude personal insult aimed at other posters, myself among them. That says more about you than about anyone here. Jurek is not accused of breaking any laws and is not cited for breaking any laws. Public consumption is both a Maine state law and a state park rule. If you have a copy of the citations given to Jurek, post them here. We'll see. So he spends a lot of money on lawyers and gets off? What's he complaining about? You know the cliché: "An ounce of prevention is worth a pound of cure." Odd fact is that in over 40 years of backpacking, I've never had to spend a cent on lawyers. Too bad he has such tough luck, eh? The point is: Jurek is not special. Once you understand that, all the hoopla he started fades away. If Jurek gets special privileges, then how about senior citizens? How about veterans? How about the handicapped? How about anyone recovering from a knee injury who manages after months of healing to make it to the top of Katahdin? How about the hundreds of other through-hikers who make it to Katahdin? Many actually slept on the ground. Shall we let them all celebrate the same way? What makes anyone of them less special than Jurek? And how about they all spill a quarter cup or so of beer or whiskey or whatever at the top of Katahdin? You think that is fine for an area intended to be preserved as wilderness? How about those hundreds or thousands of visitors spill the alcohol on your living room carpet? Then you can report back to us on how satisfying you find that stink. Oh, and if you're married, let us know how your wife likes cleaning up the mess — since you don't mind it.
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Post by High Sierra Fan on Sept 3, 2015 12:48:09 GMT -8
And when they behave badly on land controlled by others with little sympathy to their specialness there can be consequences. "Could the Appalachian Trail Lose Katahdin?" www.backpacker.com/trips/long-trails/could-the-appalachian-trail-lose-katahdin/Through hikers are catching the attention of agencies: this year John Muir Trail through hikers faced extra attention for their start in Yosemite Wilderness Permits, with particular quotas for those just passing through. In an attempt to leave some of the JMT standard entrance trailheads' quotas available for people interested the the odd concept of actually spending their backpack IN Yosemite. The notion!
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Post by burntfoot on Sept 7, 2015 20:01:55 GMT -8
You folks pretty much summed it all up already - a trend toward a lack of outdoor ethics, and an overblown sense of entitlement.
Funny that this should occur now. This past month, our newspaper here in Gunnison had a series of articles about the overuse/abuse of the outdoors in Gunnison County. It has come to a head in Gothic, a ghost town north of Crested Butte that now houses the RMBL (Rocky Mountain Biological Lab). They have had problems with people trespassing, parking near or in their testing sites, speeding through town, not parking at the trailhead for Copper Lake and East Maroon Pass, and a host of other problems. The entitlement issue was brought out at one point, when the article pointed out that people stopped for whatever infraction argued with the RMBL people saying they had a right in a place where they had no right.
It used to be that people were respectful of private property, and obeyed the rules on public land. But, there seems to be a trend away from that.
I had a letter to the editor in our paper last week, as a result of those articles about Gothic and land use. And in it, I pointed out my own experiences with hikers in recent years. I hiked the Colorado Trail in 1992, the same year I moved to Gunnison. And since then, most years I had maintained a cache of sodas for hikers in the middle of a 4-day boring stretch of Colorado Trail/Continental Divide Trail. I had a couple of styrofoam coolers filled with sodas, as well as a black garbage bag for hikers to leave trail trash, and a log book. All I asked is that people use the garbage bag and not leave trash lying around, and that they return the log book to the two zip-lock bags I provided to protect it from the elements. About 5 or 6 years ago, people started leaving that site trashed. And, about 5 or 6 years ago, they started leaving the journal out in the open. Two years ago, after finding that place trashed once again, and the journal soggy, I yanked the coolers mid-season. I went to a forum frequented by long-distance hikers, and made a post apologizing for discontinuing support at that location, along with my reasons why. It spawned a lot of replies. Although I had a lot of support, three quarters of the replies attacked me saying that I should continue supplying sodas there, and shouldn't have any requirements or ulterior motives for doing so. I should supply sodas simply for the joy of doing so, soggy journal or no soggy journal, trashed site or not trashed site. To me, that was the ultimate in entitlement. I have not had sodas for hikers put out these past two seasons.
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BigLoad
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Post by BigLoad on Sept 7, 2015 20:35:43 GMT -8
I wonder how many of those people who objected would have been willing to keep cleaning up the mess themselves.
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Westy
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Post by Westy on Sept 8, 2015 10:39:06 GMT -8
as well as a black garbage bag for hikers to leave trail trash
Hiking in the High Uinta's?
It's so bad the forest service has a mounted backcountry ranger assigned to trail trash clean-up. Bring green trash bags as standard equipment. Here's our son's load of other people's trash.
Our visits to the High Uinta's always have sad moments when we come across abused areas created by thoughtless people. So we bring trash bags as standard Uinta equipment. One person in the group is designated trash man and get's a lighter team load for carrying the trash out.
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johnnyray
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Post by johnnyray on Sept 9, 2015 16:37:58 GMT -8
"Runner accepts plea deal, fined $500 for drinking atop Katahdin" bit.ly/1VOyoKd
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