Quote:
Originally Posted by jrc
Rafting is only prohibited in certain areas, it's perfectly legal to raft in front of the Margate.
I don't think rafting laws are a constitutional issues. Basically they restrict parking (for boats) in a public park. People have the inalienable right to congregate, boats do not.
Do you really think rafting has anything to do with some poor soul breaking his neck in Braun Bay?
So if someone is rafted up in front of the Margate in broad daylight with the music blasting. When the MP get there what will they do? They can ask you to disperse or turn the music down but absent a real danger, they can't arrest anyone.
No crime is being commited. Being a loud jerk is not a crime. Rafting there is no crime, loud music during the day is no crime.
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jrc, when rafting rules are written such that they forbid people access to public areas (ergo, 150 ft no anchor from shore even for a single boat) it absolutely is a constitutional issuse. I was lining up to sue the state and my wife all but put the lid on it. Once I start a fight, I'm all in and she knew it
Look at it this way. If rafting promotes "safety" and "water quality" improvement then why do they exist only in certain areas.
The challenge is courts side with States. Most likely the case would go to the NH Supreme court after lower court sides with the State. Long battle to wage. I pull no punches here, trsut me when I tell you I was THIIIISSS close to going forward with it.