[GeoStL] Re: Suing the government
- From: "Jim Bensman" <jbensman1@xxxxxxxxxxx>
- To: <geocaching@xxxxxxxxxxxxx>
- Date: Mon, 23 Jun 2003 11:18:13 -0500
-
Suing is part of democracy and a vital part of our government. It is there
for when the government does not obey the law or Constitution. The problem
is not people suing, the problem is the government refusing to comply with
democratically established laws.
On one hand, we have the National Park Service saying there is not one
single place on ANY National Park Service managed land ANYWHERE in the
entire country that is suitable for geocaching. On the other hand we got
the NPS allowing snowmobiles in Yellowstone when the studies show it not
only harms the wildlife, but the pollution also affects park employee
health. Locally where the NPS took down my cache (Ozark National Scenic
Riverways), they have serious pollution problems (the Jack's Fork is an
impaired stream) yet they don't control horse use that is polluting the
rivers. And to look at the real insanity of what they claim, the NPS builds
roads, lodges, campgrounds, etc. for recreation, but claims there is not one
single place in the entire country that is suitable for geocaching.
My cache that they removed was between the Rounds Springs lower take out and
the campground. It was about 5 feet from the parking lot in a nonsenstive
area. One of the things the NPS has refused to answer was my question of
what was wrong with that site. IMHO, it proves there are places that are
appropriate for caches. Obviously there are places in National Parks I
would not want a cache, but the NPS could simply not allow them in sensitive
places or require a permit.
I have no problem with them providing reasonable regulations, but there is
absolutely no basis to outright ban it. What they are doing violates some
very clear laws, NPS regulations, NPS guidance, and the Constitution.
People throughout the country have tried to get them to address it. They
won't address the issue and what they are legally required to do. The First
Amendment guarantees our right to sue the Government. If they get sued, it
will make them, not us look bad. How can they rationally defend what they
are doing?
> -----Original Message-----
> From: geocaching-bounce@xxxxxxxxxxxxx
> [mailto:geocaching-bounce@xxxxxxxxxxxxx]On Behalf Of Jen Guyer
> Sent: Monday, June 23, 2003 10:29 AM
> To: geocaching@xxxxxxxxxxxxx
> Subject: [GeoStL] Suing the government
>
>
> -
> >> I was going to sue them. And I will. <<
>
> Won't that be good publicity for geocaching and get us on the
> agencies' good
> sides. NOT. Seriously, Wouldn't it be better to just enjoy the
> sites we CAN
> hide on rather than tick the government off by suing them over a GAME?
>
> Jen
>
>
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