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 Post subject: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Tue Aug 13, 2013 8:52 pm 
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For now, I just want to document the facts ...

The day started out nice enough. It was our regular Second Sunday, and I set up both my Falcon 195 and the "Little Hawk" 65.

The winds weren't great for hang gliding, but we had a handful of members show up, and I believe that Mike (flying my Falcon) was the only person to fly a hang glider all day. In other words, 100% of the hang gliding flights were by members of the Torrey Hawks. :D

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But the day was marred by yet another abuse by the concessionaire (Robin Marien). A few of our members brought guests to enjoy the day with us, and we offered them our customary "hands-on" experience with Little Hawk. You'll find the history of "Little Hawk" well documented throughout this forum, but in short, Little Hawk was specifically designed to be a safely-sized model hang glider for ground use by people with no hang gliding experience in situations where it might be difficult (or dangerous) for them to handle a full-sized glider. Little Hawk has been successfully used by members of the public at flying sites like Torrey Pines, Wallaby Ranch, Crestline, Fort Funston, as well as non-flying sites like parks and beaches from coast to coast.

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So as we have done at almost all of our fly-ins, we invited our guests to hold the Little Hawk glider in the setup area for photos and to take a few running steps to get a feel for how a hang glider flys with a little wind. We required all of our guests to wear helmets, and we had multiple experienced pilots on hand as well. These animated GIF images show two typical runs by two of our guests on Sunday, August 11th, 2013:

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I don't have an exact record of how many runs were made by our guests, but I would guess somewhere between 3 and 5 (total number for both guests). All of these runs were cearly visible to the Torrey Pines staff, and yet we were not interrupted, and we were not asked to alter our activities in any way. After these few runs, the Little Hawk glider was tied down so we could walk to launch with Mike who was going to fly my Falcon (as mentioned above).

Ernie and I (both waivered pilots) assisted Mike with his wires as we walked down to the launch area. Our two guests followed us under our supervision. Mike's launch was excellent (as usual), and we all began walking back to the setup area. At some point, Gabe Jebb began telling us that we could not have pilots on the field who had not signed the waivers.

First of all, the lease clearly states that the public shall not be excluded from any portion of the premesis. Second, the lease does not require anyone to sign any waivers (especially the lengthy and legally abusive Torrey Pines waivers) to be on the property. Third, it's common practice for people to be on that field without signing the waivers. It's common for guests. It's common for spectators. And it's common for people who happen to be cutting across the field going from one place to another.

So we went up to Gabe to ask about what the rules are for bringing guests down to launch. During that interaction, Gabe claimed that we were "harassing" him, and he said he was calling 911 to summon the police. He walked around with his phone for some time (apparently on hold for 911?) while I recorded the conversation and his response. At one point he approached me menacingly in what can only be viewed as some form of attempted intimidation:

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You'll notice from that footage, that Gabriel Jebb was clearly coming toward me while I remained stationary. I pointed out that the evidence would clearly show that we were NOT harassing him and that his actions would be more likely interpreted as harassment or intimidation. Somehow the police never arrived at the Gliderport in response to Gabe Jebb's supposed "911" call.

But during the incident, Gabe Jebb called out to Robin that we were harassing him and that he was calling 911. Robin responded by approaching us. Here's a transcript of that discussion (Blue for Bob, Red for Robin):

Quote:
Bob: Robin, maybe you could help us out here.
Robin: You know what Bob, I should just suspend you for 30 days because you keep bringing people out on the field that aren't waivered up, and you're teaching em .. hooking em into a hang glider ...
Bob: I haven't hooked anyone into a hang glider.
Robin: You're dragging them around the field underneath a hang glider.
Bob: ... I'm not "dragging them around the field" ...
Robin: ... underneath a hang glider. Yes you are.
Bob: I'm letting them hold a hang glider.
Robin: So you're letting them do it. I've asked you hundreds of times to quit dragging people out on the field that aren't waivered up. So you know what? I'll just suspend you for 30 days. You can't fly here for 30 days for breaking the rules. And when the cops come, I'll tell em. I've asked you hundreds of times. (Robin begins walking away)
Bob: So I'm suspended now? Can't fly for 30 days?
Robin: That's right. Breaking site rules.
Bob: Because I let somebody lift a hang glider?
Robin: That's right for dragging people who aren't waiverd up ...
Bob: I didn't "drag" people...
Robin: ... and putting them under a hang glider. I got it all on video. Do you want to see em all?
Bob: Yeah, show me em all. I'd love to see em all.
Robin: I'll show em to the cops when they come.
Bob: OK, that'll be fine.
Robin (walking off): I know you can't help being an asshole.

Here's what part of that conversation looked like from my perspective:

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Of course, this wasn't the first time that a Torrey Pines Concessionaire used their power to bully pilots. I'd been through it all with Gabe's father David Jebb in years gone by. The pattern was all too familiar. So I asked several times (on camera) for a written reason as to why I was being suspended. I was doing just that during what ended up being one of the most revealing conversations of the day.

In this last video, I was recording a conversation with one of Robin's instructors who had approached me with a "GoPro" video camera pointed at me. So I turned on my camera as well and ended up capturing this bit of footage with Robin and another member of his "team" both smoking right in front of the San Diego City sign that prohibits smoking:

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What's truly remarkable about this last video is that Robin actually calls out to me "I'm smoking Bob" and begins laughing as he turns and points to the San Diego City's "No Smoking" sign with a cigarette sticking out of his mouth. And yet this is the person who's supposed to be in charge of enforcing the rules? Robin is a living mockery of the San Diego City Government.

These last few pictures are still photos from the video showing Robin turning to point a mocking finger at the San Diego City's No Smoking sign:

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And here's a better picture of the sign that Robin is pointing at:

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:idea: Since San Diego is in a perpetual budget crunch, $1000 per day from Robin (and more from some members of his staff) might be a welcome contribution.

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Tue Aug 13, 2013 11:37 pm 
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Ooops. I almost forgot. No day at Torrey would be complete without Robin's traditional salute to hang gliding:

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Such a class act to represent the City of San Diego.     :roll:

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Wed Aug 14, 2013 11:43 am 
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More documentation of facts ...

On the evening of the suspension (August 11th, 2013) I wrote and sent the following email message to Robin and others:

On August 11th, 2013, Bob Kuczewski wrote:
Robin Merian (cc Jeremy Bishop, Ken Baier, Rich Hass, and others),

I am writing to request a written reason for my suspension today. Please be specific about what rules were broken and where those rules are posted (or otherwise available) for the public to see.

I will add that I've reviewed the video tapes of today's events, and I believe the evidence will demonstrate that this suspension is both unjustified and possibly a violation of your lease. I would like to give you fair warning that if you do not rescind this suspension in writing by August 12, 2013, I will begin totaling my expenses in pursing this matter, and I will be seeking compensation for those expenses and my time.

Sincerely,
Bob Kuczewski


Just today (August 14th, 2013), I sent the following message to USHPA President Rich Hass and my 3 Regional Directors:

On August 14th, 2013, Bob Kuczewski wrote:
Dan DeWeese, Corey Caffrey, Rob Sporrer, and Rich Hass,
(bcc to others),

I am writing to request your assistance regarding an unjustified suspension at Torrey Pines. This past Sunday (August 11th, 2013), Robin Marien suspended my flight privileges for 30 days at our club's flying site (Torrey Pines). I believe this was done out of retribution for my efforts to obtain fair oversight at Torrey Pines. I also believe it was done out of retribution for my efforts to promote hang gliding at Torrey Pines.

Of course, Robin couldn't suspend me for any of those actual reasons, so instead, he is claiming that I cannot fly because I have allowed people who haven't signed waivers to pick up and run with a 1/3 scale model hang glider known as "Little Hawk". I believe this prohibition is something that Robin has "made up" because he doesn't like our club promoting hang gliding at Torrey Pines. Indeed, there have been many times (when he finds it convenient) that Little Hawk has been allowed to be used for such outreach.

I have included many examples (below) where we have photos of guests holding and running with Little Hawk both at Torrey Pines and at other sites throughout the country. This includes a large group of maybe 30 students from the local Community College taking a "Rediscovering San Diego" course at Torrey:

  http://ushawks.org/forum/viewtopic.php?f=4&t=1166

My point is that Robin is picking and choosing when he wants to allow or deny our ability to use Little Hawk for outreach. On the date in question (August 11th, 2013), we allowed several of our guests (friends of our members) to lift the glider and take a short run in the hang gliding set-up area. We required them to wear a helmet for head protection, and we had at least two of our members guiding and supervising the activity. You can see photos and a description of the events at this link:

  http://ushawks.org/forum/viewtopic.php?f=4&t=1395

During the entire time that we were working with Little Hawk there was NO complaint from Robin or his staff. They never asked us to stop. They never approached our guests asking them to sign waivers to continue working with the glider.

Yet 20 minutes later, when we were having a discussion regarding bringing guests to watch a launch, Robin suddenly decided that he wanted to suspend me for 30 days based on my allowing our guests to work with Little Hawk ... 20 minutes earlier. If he had any SAFETY concerns at all, why didn't he stop the activity when it was happening instead of using it as an excuse to suspend me 20 minutes later?

Directors, we all know that the sport of hang gliding is declining. The Little Hawk glider is a very helpful tool to engage the public and provide both entertainment and understanding of the sport of hang gliding. Torrey Pines is one of the most visible sites in the country (maybe the world), and we should be allowed to use this tool to promote hang gliding at that site. Torrey Pines is a City Park, and we should be able to use it as a City Park. I have been able to set up Little Hawk in many parks and public areas from coast to coast (see links below). Some have been flight parks and others have been non-flight parks. The only place where this has EVER been prohibited is at Torrey Pines. I am asking for your help (and USHPA's help) to continue the practice of allowing the public to interact with this model glider at Torrey Pines, and I am asking for your help (and USHPA's help) to overturn this unjustified suspension.

Please contact me as soon as possible if you are willing to help. I will be following up with a phone call to ensure that you have gotten this message. As a minimum, I am requesting a written response from each of you regarding your willingness to help or not.

Sincerely,
Bob Kuczewski
USHPA Member since 2004


=== Links featuring Little Hawk throughout the US ===

Little Hawk at UCSD - June 2013
  http://ushawks.org/forum/viewtopic.php?f=2&t=1373

Little Hawk at UCSD - May 2013
  http://ushawks.org/forum/viewtopic.php?f=2&t=1326

Little Hawk at Torrey Pines - November 2012
  http://ushawks.org/forum/viewtopic.php?f=4&t=1166

Little Hawk at UCSD - September 2012
  http://ushawks.org/forum/viewtopic.php?f=2&t=1147

Little Hawk at Fort Funston - July 2012
  http://ushawks.org/forum/viewtopic.php?f=2&t=1098

Little Hawk at Crestline - May 27th, 2012
  http://ushawks.org/forum/viewtopic.php?f=2&t=1047

Little Hawk in Newport Beach - May 23, 2012
  http://ushawks.org/forum/viewtopic.php?f=2&t=958

Little Hawk at Torrey Pines - December 2011
  http://ushawks.org/forum/viewtopic.php?f=2&t=913

Little Hawk at UCSD - December 2011
  http://ushawks.org/forum/viewtopic.php?f=4&t=888

Little Hawk in Crestview Florida - December 2011
  http://ushawks.org/forum/viewtopic.php?f=2&t=872

Little Hawk at Embry Riddle Florida - March 2011
  http://ushawks.org/forum/viewtopic.php?f=2&t=620
  http://ushawks.org/forum/viewtopic.php?f=23&t=707

Little Hawk at Wallaby Ranch - March 2011
  http://ushawks.org/forum/viewtopic.php?f=2&t=625

Little Hawk at UCSD - December 2010
  http://ushawks.org/forum/viewtopic.php?f=4&t=193

Little Hawk at Torrey Pines - November 2010
  http://ushawks.org/forum/viewtopic.php?f=4&t=83

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Wed Aug 14, 2013 12:10 pm 
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I just got a reasonable reply from our USHPA President Rich Hass:

Quote:
Bob,

I'm sorry to hear you are continuing to have problems at Torrey Pines. I hope you can work through this. That said, you need to work with the RD's in your region and, if appropriate, with Ken Baier. It's not appropriate for me to get involved in local site management issues, which this is. In any event, these guys are the right people to help you.

Thanks,

Rich


I replied almost immediately:

Quote:
Thanks Rich,

That's a reasonable response at this time. However, I may call upon you as President of USHPA if none of my own Regional Directors nor Ken Baier are willing to help.

Sincerely,
Bob Kuczewski


I followed up with this:

Quote:
One more comment...

I have long been advocating for the Soaring Council to act in a capacity to review and help resolve matters such as this. That is something that USHPA should have been working to establish for years so that these matters could be handled locally and not have to involve Directors from Crestline, and Santa Barbara, and Washington State.

The fact that neither Ken Baier nor USHPA has introduced any motions to the Council to establish such a review policy is yet another failure of Ken Baier (and USHPA) on that Council. The fact that neither Ken Baier nor USHPA has advocated for a balanced Council with dedicated representatives for hang gliding is also an example of that failure.

I am willing to see how this proceeds, but I believe Robin's willingness to take such unjustified actions stems from his belief that those actions will not be reviewed by anyone who actually cares about hang gliding at Torrey Pines. So I am again asking for Ken to be replaced by someone willing to stand up for the USHPA hang gliding pilots who fly at that site.

Sincerely,
Bob Kuczewski

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Wed Aug 14, 2013 1:35 pm 
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Bob, If I were you I would not trust my ears as to what any staff member at Torrey Pines said to me. I would notify them of my hearing concerns and inform them that I will continue to follow the all rules and statutes that appear in written form concerning my use of the City Park. I would further inform them that any communication that any staff member directs to me will be in written form registered and post marked by the USPS. My signed returned receipt by myself or my personal attorney (so and so esquire) will be the staffs evidence that I have been notified of any alleged communication or directive. Then I would set up and launch. The ball would then be in their court. Their actions would also be recorded for court. Unless this group fear$ the legitimate court cost$ you will find it hard to get their attention. I will assist you with your filing fee$. :evil:


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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Thu Aug 15, 2013 8:47 am 
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billcummings wrote:
I would notify them of my hearing concerns and inform them that I will continue to follow the all rules and statutes that appear in written form concerning my use of the City Park.

:srofl:

Good suggestion Bill!!!

I think at this time, I'm going to go through all the proper channels to make it clear that USHPA is NOT willing to help pilots. Instead, USHPA always sides with the money-makers ... like the concessionaire at Torrey.

It's time that all pilots recognize that USHPA is a "Regional Director's club" and does not care about the pilots any further than to collect their money.

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Thu Aug 15, 2013 8:54 am 
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This morning I heard back from Dan DeWeese (one of our three USHPA Directors in Region 3):

Dan DeWeese wrote:
I think you should approach Robin personally and work the thing out Bob.

What happened with the training hill there Bob?

Did you make any headway with the University?


So that's the assistance I get when Rich Hass (USHPA President) said I should "work with the RD's in your region"?

Here's my reply to Dan DeWeese, Rich Hass, Rob Sporrer, Corey Caffrey and other observers:

Bob Kuczewski wrote:
Dan DeWeese (cc/bcc others),

I asked if you (as my Regional Director) would provide assistance. Here's the first sentence of my message:

    "I am writing to request your assistance regarding
       an unjustified suspension at Torrey Pines."

Of course, I know enough about USHPA to not expect any assistance from them (or you), but that does not relieve my obligation to ask the reasonable question first. Your answer is exactly what I expected and it puts me on solid ground stating that neither USHPA nor my closest Regional Director would offer any assistance when asked. I'm sure that as this proceeds, people will ask if I've gone through the proper channels to get assistance, and I want to have an iron-clad answer that I have indeed sought assistance from USHPA and my Regional Directors - to no avail.

Regarding the training hill, I have asked USHPA if they would provide site insurance for the hill and they have refused. I have also asked and applied for site insurance for Torrey Pines itself - which might have mitigated the current situation - but USHPA has turned that down as well.

In short, USHPA has been USHless. Thanks for providing further documentation.

Rob and Corey, you are also my Regional Directors, and I would like a response from you as well regarding what you will or will not do to help a pilot in your region who has requested your assistance.

Sincerely,
Bob Kuczewski


I followed up with a message to USHPA's Soaring Council representative Ken Baier:

Quote:
Ken Baier (cc Rich Hass and others),

Rich Hass asked me to "work with the RD's in your region and, if appropriate, with Ken Baier" regarding the current suspension. So I am asking you directly what steps you will take to resolve this situation.

Please let me know as soon as possible.

Bob Kuczewski


Let's see what we're paying for at USHPA.

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Thu Aug 15, 2013 5:37 pm 
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Note for TPG personnel and to users of Little Hawk:
Since Little Hawk does not have anyone hanging from it and gliding from it, but only running with it, then it is not a hang glider, but simply a wing intended for wing running, as when one runs with an umbrella. The WWRA clearly holds that Little Hawk's intended purpose, size, and arrangement does not qualify it as used as a "hang glider." Park users carry hats, umbrellas, newspapers, Little Hawks, etc. as part of their play, dreaming, running practice, walking practice.
It seems silly for TPG or anyone else to pretend that Little Hawk is a hang glider; Little Hawk is a symbol of a hang glider, but not a hang glider itself. Little Hawk has been handled by school children in other states and by people in parks throughout much of the United States.

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Fri Aug 16, 2013 6:26 pm 
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I’ll be darned if I can find my copy of Risk Mitigation information from USHPA.
I went to the USHPA site and found a button for members to click on but to do so I would be agreeing that I would not up load or repost any portion the PDF. (WTF) :wtf:

So fine! I’ll just allude to the USHPA Risk Mitigation information by paraphrasing in terms of veiled innuendo (that is not a French word for a suppository.) and purposeful obfuscation in the hopes of preserving deniability of any liability directed toward the USHPA (SSSHHHHH!)

Allegedly being guilty of something requiring secrecy our official PDF information getting out would be tipping our hand it would seem.

So if you are not an authorized member of the USHPA and you feel that you have come upon this posting while not possessing a LEVEL #3 SECURITY CLEARANCE you are now being asked to do the honorable thing and close this post.
The following is for eyes of official members of the USHPA ONLY! (You also might wish to close this post rather than let me waste any of your time---but--

Bob K. was banned from Torrey Pines for thirty days allegedly for allowing guests to be drug around while not being hooked into the 60 some odd square feet of the model Little Hawk. If Bob was really smart he should have put a paper hawks head and tail feathers on Little Hawk and painted wing feathers on the wings.
Then tell people to come run with my hawk shaped, sun shade. Let Robin try and explain to the police why they should escort you off of the property for that.
Don’t forget to up load the entire alleged crime to Youtube.

Bob, Just remember when Robin shows you his middle finger that really means,
“Damn it!, you’re right Bob - I just can’t think up a snappy comeback.”

If you could sneak up on Robin and inject him with sodium pentothal you would hear him say, “Gee but you’re so fast with the logical responses Bob I can’t think of anything to do right now but throw you the finger and walk away.”
In a battle of wits Robin appears to be unarmed. Poor Robin. It must be excruciatingly aggravating for him.
We Hawks should take up a collection for poor Robin.

Sam K. and I were lamenting on the Risk Mitigation recommended procedures like not having any un-waivered (that does not appear to be a real word) pilots in the setup and launching area of our sites. However our site at Dry Canyon New Mexico is in the Lincoln National Forest and we as a club have no horsepower at all to require visitors to sign away their legal rights or even tell them where and where not they can stand.
The only leverage that Robin could possibly legitimately have over you is USHPA peer pressure. To keep you from bringing visitors that had not signed our USHPA waiver onto the designated hang gliding setup area at risk of our insurance company canceling our insurance. (Not site but third party.) You would not have violated any rule, statute or law but I’ve been through this personally with an insurance company based in Winter Haven Florida.
If I were to fly anywhere on Colby Lake in northern Minnesota during the days of the Hoyt Lakes Water Carnival, that was put on by the Hoyt Lakes Boat Club, and the American Water Ski Association found out about it the boat club would have their insurance canceled. (Peer pressure.)
That’s where I learned that even when I do everything by the book there are people with power over me that do not let the “Book” interfere with their point of view or let me put their bottom line at ri$k.
So could Robin get your rating card pulled for violating one of his directives whether he was being underhanded or not? With the staff at USHPA currently --I believe he could. In spite of you being totally within the law. Be careful.
Sadly being correct is no shield from being wronged.
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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Sat Aug 17, 2013 9:36 am 
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Can I see a copy of the suspension? If he didn't issue a written copy then I imagine it was only a verbal warning and not a true suspension. I am also analyzing this treatment from the viewpoint of Veterans Affairs, which would have Federal Jurisdiction.

The viewpoint from students is they do not need their instructors distracted when they are in a dangerous lesson.


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