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The United States of America Vs Charlie


Charlie

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I just recieved a summons to appear in federal court for not having a Pass at a trailhead in the Cle elum dist. They say i can avoid this if I send them $50- has anyone else experienced this? So much for ignoring the "reminder" left on the windshield. I feel like a serious criminal- watch for me on Amerikas most wanted...... [Wazzup]

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That sucks dude.

Before you just give up your right to trail and make this a very cost-effective tactic (34 cents for $50 return) for those bloodsuckers consider this...

How far away is the court before to which you are summoned to appear? If you've got the time you should try fighting it. I don't think they can charge you more for just telling your story before the judge.

Were you out actually "recreating" near this trailhead [if indeed you were even parked where they said you were], please think before answering. Perhaps, alternatively, you were out performing a community service by picking up trash or otherwise maintaining the trail. Perhaps you had just stopped to take a leak and didn't actually recreate at all? Perhaps it would be worth a try to see if the statute covers people who park at the only safe place around (out of traffic) but then travel cross-country, not using the trails at all?

Charlie, if you've got the time, just think...YOU could be a test case!

All the way to the SUUUUPREME COURT baby!

Chuck

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quote:

Originally posted by pope:
When free parking is outlawed, only outlaws will park for free. Yo Charlie, it's cheaper to pay the ticket (though perhaps less satisfying) than to rent a Ryder truck and buy all of that fertilizer....don't do anything rash!

I meant I was going to enlarge the the summons (you know, with a zerox) Great, the CIA is going to be kicking in my door any minute now!

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There is a lawyer in Eugene that is taking these cases pro bono (although for activists I think). There is the fact that this is a "Fee Demo" project and that the USFS is telling congress that the compliance is proof of public acceptance. Kind of makes getting a summons look like extortion dosen't it?

There are three reasons to be in the woods without a permit; 1)religious purposes [like the Native Americans at Shasta]. 2)Your job (paid or not) calls you there. 3)Education. Surely all three apply, but I think the burden of proof (although I don't know the standard) is on you.

There is a nonprofit dedicated to fighting the Fee Demo and, more generally, the "Disenyification" of public lands. Here is their website: http://www.wildwilderness.org/

Good luck and keep us posted.

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I misspoke there are two reasons more to be in the forest without a permit. "Health reasons or any other purpose other than a recreational activity." Theoretically then, you could argue that you were there to protest the fee demo itself. If being there to protest is your purpose for the visit, you are exempt. Check this out: http://www.freeourforests.org/COE.html

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Yeah, I'm really pissed about this fee demo thing. Here's a website that has compiled all the legal stuff -transcripts, rulings, etc- pertaining to the fee demo: http://www.antifee.bizhosting.com/

If you get a lawyer, point them to that site; its a gold mine for someone who is going to argue against this. If you decide to defend yourself and want help doing research I'll volunteer. I'm not a lawyer; I dropped out of law school. Its a hateful profession.

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  • 2 weeks later...

After much negotiation, The United States of America and I settled on a monetary fee of $5.00. (I never had to show up for court- I just talked to an intern on the phone) I think the fact that I flexed my ties to the Kascade Trad Klan may have given me a little more political persuasiveness. Thanks for all the input. rolleyes.gif" border="0

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