Assault and Battery at Second Sunday on April 8th, 2018

Bob Kuczewski · **Posted:** Wed May 02, 2018 12:10 am

The April (2018) Second Sunday was marred by yet another assault and battery.

I was at the Torrey Pines Gliderport on April 8th, 2018 when I again witnessed Robin Marien smoking at the park. Once again I pulled out my camera/cell phone to document the violation. Robin Marien was walking from east to west just north of the spectator logs near the gazebo when I began filming. He then passed behind the small utility building where he ditched his cigarette. He quickly emerged from the other side and lunged at me to swat my camera to the ground. The camera hit the concrete blocks, burst open, and the battery popped out. Robin darted toward the office building out of view as I picked up the parts of my camera/cell phone. I quickly put the phone back together and called the police to report the crime. They showed up a short time later to take the report. Unfortunately, there was no video available, and the police did not make an arrest.

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The next day (Monday, April 9th), I filed for a restraining order against Robin Marien requesting that he maintain a 5 foot distance from me at all times. The trial was held on May 1st, 2018 in the Superior Court of California (San Diego County). The judge in the case was unable to issue the restraining order due to lack of evidence, but he clearly admonished Robin Marien to stay away from me, and to not touch me again. That was my desire in filing the case - to keep Robin Marien from using physical violence or threats of violence - and the Judge's words were consistent with that goal.

Thanks to Ernie Casco and Dave Beardslee for being willing to testify in the case. We are slowly bringing order and justice to the Torrey Pines Gliderport, and I hope that will benefit all pilots who fly there.

dhmartens · **Posted:** Wed May 02, 2018 3:00 pm

http://www.sandiegocounty.gov/content/s ... _laws.html

What Cities in San Diego County prohibit smoking on outdoor dining patios at restaurants?
The cities of Chula Vista, Del Mar, El Cajon, Encinitas, National City and Solana Beach do not allow smoking on outdoor dining patios at restaurants. Restaurant owners in other areas of the county can make their own voluntary policy to prohibit smoking in the outdoor dining area of their eating establishment.

...so he may be able to smoke outside. Its better he doesn't smoke inside where the fumes harm employees trapped indoors unless he has a special room with specific filter ventilation. Ultimately he should quit smoking but not while training people preferably. Only 8% of smokers live past 85.

eagle · **Joined:** Tue Feb 11, 2014 12:58 pm **Posts:** 1061

No Way Really
Smoking at the Gliderport
Postby eagle » Mon Dec 19, 2016 10:45 am

But Officer
We gotta make our Tandem money

~ The Flight Director said it was Legal ~

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Our Criminal Government (the city council) is allowing this to go on

The Clear ~ Exploitation of our public recreational freedom and rights to a safe gliderport

Bob Kuczewski · **Posted:** Thu May 03, 2018 10:15 am

Thanks for posting here Doug!! :clap:

I'm very sure that there's no smoking in any City of San Diego park - including Torrey Pines. The site is clearly posted, and the officers even confirmed that it was illegal, but they wanted proof before they would issue a citation. You may have confused the City of San Diego with the County of San Diego. It's confusing because they are both "San Diego", but the Gliderport is property owned by the City of San Diego. Here's the actual sign posted on the Gliderport building:

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Eagle, wasn't it funny when Robin said he didn't smoke at the Gliderport and then I showed the judge about a dozen pictures of him smoking ... at the Gliderport!! :srofl:

Bob Kuczewski · **Posted:** Thu May 03, 2018 11:35 am

"I wasn't smoking at the Gliderport Your Honor."

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Liar.

Bob Kuczewski · **Posted:** Sat May 05, 2018 1:01 pm

Letter to the Torrey Hawks Club Members:

Bob Kuczewski on May 5th, 2018 wrote:

Protecting our Legal Rights at Torrey Pines

Hello Fellow Torrey Hawks and Friends,

This week saw another court case related to the Torrey Pines Gliderport. On Tuesday, May 1st, 2018 several members of the Torrey Hawks testified in a Restraining Order case against Robin Marien (current Torrey Pines Gliderport operator). The requested Restraining Order was not granted, but Judge Richard S. Whitney issued a stern advisement to Robin Marien that he must not make any more physical contact with me in the future.

I am passing this decision along to the club because there has been a long history of physical intimidation and actual physical contact by Marien and his employees in the past. I have been physically attacked a number of times, and I've heard numerous reports of similar unwanted contact (like "chest butting", punching, and other bullying tactics). Robin Marien has tried to justify this kind of physical abuse as being similar to a "bouncer" in a bar. Fortunately the courts have not upheld his comparison.

For the record, the Torrey Pines Gliderport belongs to the people of San Diego and it is part of the Torrey Pines City Park. The Robin Marien / David Jebb business holds a no-cost lease to operate on the property, but the lease grants clear rights to the general public to also use the property. These rights include the rights to be on the property and to photograph and/or film the activities on the property. These rights have been upheld in a number of court cases and decisions - including the case this past Tuesday.

Finally, I want to publicly thank David Beardslee and Ernie Casco for showing up to testify in court. Their willingness to testify in this case (and others) has helped ensure that all pilots can use this national treasure without fear of bullying or abuse. The Torrey Pines Gliderport is a public flying site, and the Torrey Hawks has been dedicated to ensuring that it remains a public flying site for all hang glider pilots into the future.

Thanks for your continued membership.

Sincerely,
Bob Kuczewski

dhmartens · **Posted:** Sat May 05, 2018 11:01 pm

A strange coincidence a restraining order type letter was given a neighbor not too many days ago for the chain smoking guest.
Your efforts succeeded greatly with the unintended related result - oh after a few years realize I am nicotine addicted from 2nd hand smoke.
http://www.verywellmind.com/nicotine-withdrawal-4157295

When the smoker left children were out in the courtyard celebrating with a bubble machine and thermals.

Thank the San Diego city council for reducing casualties 85% with their RFP signalling a recover to the tourist industry.
Maybe add a smoking cessation clause

Bob Kuczewski · **Posted:** Sun Jun 28, 2020 12:02 pm

There have been so many abuses by the the Torrey Pines concessionaire, that It's easy to forget some of them.

I came across this topic while looking for something else, but it reminds me of some of the progress we've been making. Thanks to all members of the Torrey Hawks.

Assault and Battery at Second Sunday on April 8th, 2018

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