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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Sun Aug 18, 2013 5:25 pm 
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Hey BobK,

If you had completed the IP course they, :ugeek: at Torrey, would probably charge you with illegal instruction conducted there also, or charge you some $ fee. :roll: :crazy:

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Thu Aug 22, 2013 1:30 pm 
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dhmartens wrote:
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 asked for a written reason both in person (on video), and I've followed up (08/11/2013 11:58PM) with this email message:

Quote:
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


I copied this to all of my 3 regional Directors. Robin has not responded yet, and USHPA (which is supposed to be an advocate to keep us flying) has done nothing.

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Sun Sep 08, 2013 10:25 am 
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The time is running out on my 30 day suspension, and I think it's important to challenge it. Unfortunately, I've been busy with so many other things this past month that I haven't gotten to it (I've also been hoping that it would be resolved through other channels like USHPA/Regional Directors). Unfortunately, USHPA has been unwilling to help, and our representative on the Soaring Council (Ken Baier) has also been unwilling to help. So I've decided that today (Sunday, September 8th, 2013) I will go to the Torrey Pines Gliderport and attempt to fly. If Robin wants to call the police and bring the matter to court, then that's where we will have to go. I don't appreciate the stress of having to go through all this nonsense, but I think it's important to establish that we can use our City flight park in the same manner as any other clubs can use their flight parks.

Here's the message that I've just sent to Robin Marien (and many others) announcing my intentions.

Email message sent to Robin Marien and many others on September 8th, 2013 wrote:
Robin Merian (cc Jeremy Bishop, Ken Baier, Rich Hass, and others),

I have attached below the text of the 2008 letter which was sent from my lawyer to your predecessor, David Jebb.

The letter was in reference to David Jebb's ban of myself and David Beardslee. The concluding paragraph includes this statement:

      "I have advised Mr. Kuczewski that he is free to use the
      Torrey Pines Gliderport as would any other member of
      the general public. Until you can demonstrate that you
      have the right to exclude him you may not do so."

I believe those words are as true today as they were five years ago, and I will be following that advice today.

Sincerely,
Bob Kuczewski
858-204-7499


========= Letter from December of 2008 ==========
Dear Mr. Jebb,

This office represents Bob Kuczewski in his legal affairs.

Mr. Kuczewski informed me that you are currently prohibiting him from being on the Torrey Pines Gliderport property and from participating in the recreational and flight activities at that City of San Diego owned park. He has also informed me that you have refused numerous requests for a written statement justifying this action.

I have examined your lease, and I believe that your actions against my client are in violation of several sections. For example, section 1.2 (Uses) states:

      “It is expressly agreed that the premises are leased to Flight
      Director/LESSEE solely and exclusively for the purposes of
      the operation and maintenance of the premises and buildings
      for a gliderport concession, the use of non-powered aircraft
      and the general public.”

This section clearly indicates that the premises are to be available to the general public. Nothing in the lease allows you to bar people from this publicly owned land. In order to do so, you would have to go through a process available either through the court system or through the City of San Diego once policies are adopted that allow it. As of now, no such policies exist.

This is a city park on part of which the City of San Diego has given you the right to operate a concession. Ownership of that concession, however, does not give you the right of exclusion.

Given this, I have advised Mr. Kuczewski that he is free to use the Torrey Pines Gliderport as would any other member of the general public. Until you can demonstrate that you have the right to exclude him you may not do so. If you attempt to, we will file suit and establish his right in this regard in a court of law.

Sincerely,
(name removed)
========= End of Letter from December of 2008 ==========


-----Original Message-----
From: Bob Kuczewski
To: Robin Merian
Cc: Ken Baier, Rich Hass, Jeremy Bishop
Subject: Request for Written Reason for Suspension
Date: Sun, 11 Aug 2013 23:58:48 -0700

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


Wish me luck!!

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Sun Sep 08, 2013 7:05 pm 
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How'd it go Bob?

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Sun Sep 08, 2013 10:43 pm 
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My offer to support you in any filings in court costs still stands Bob. I’ll need an address to send my check. I’m happy to support you in this effort to remove the impediments to hang gliding at Torrey Pines.

I consider this to be money well spent for site preservation. Money going exactly where I want it to go.

If the current concessionaire proves to be in the way of hang gliding at this site I will assist you and anyone else in that persons removal.

I truly believe that the wasted court cost money defending his edicts in violation of the lease with the city will throttle the vindictive nature of this unworthy concessionaire. This person has attacked my sport and has elicited my ire. :thumbdown: :thumbdown: :evil: :twisted:


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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Sun Sep 08, 2013 11:22 pm 
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Hi Bill and Sam,

Thanks for the offer of money, but you can save it for another good cause. I sent the email message above and then I went to Torrey to fly. As I was setting up my glider, I made a point of going right up to Robin (with my video camera as a witness) and telling him that I was going to fly in spite of his "suspension". He had no response, so I set up and I flew.

I'll be posting pictures and a few more comments later, but for now, I want to share what I got back from our USHPA President Rich Hass. I had called Rich in the morning before going to Torrey to see if he had called Robin regarding the incident as he had suggested he might do. He didn't answer so I left a message. When I got home from flying tonight, here's the message I found in my "in box" from Rich Hass (who also copied Robin Marien, Ken Baier, and Jeremy Bishop in his message):

Rich Hass, USHPA President wrote:
Bob in response to your earlier voice message today, I want to set the record straight on a couple of points:

Almost a month ago when we spoke, I offered to to call the concessionaire IF you were willing to make some compromises in an effort to improve relations and get along. You wanted to think about it. Later, you said focusing on site insurance was more important and further discussions on intervention were dropped AT YOUR REQUEST.

* I did make insurance-related calls on your behalf to confirm availability of site insurance under the same terms as it is available to other chapters.
* Your message today implies that I agreed to call Merian on your behalf. Not the case, as noted above.
* You claim you've tried every (including working through USHPA RD's) to resolve your situation. This isn't the case. You claim to have a few days of suspension before you are allowed to fly Torrey again. It seems clear to me you are trying to provoke an incident, which is quite the opposite of working to resolve an issue.
* If you persist in creating a confrontation at Torrey by ignoring your suspension today (as you said you intend to do), you are on your own.

Your issue with the concessionaire is of your making and so far as I can tell, there's no role for USHPA to play in resolving things. You've tried (once again) to tie this issue to what you believe is a lack of representation on the Soaring Council. These are entirely separate issues. Your approach to problem solving only illustrates why you get so little cooperation from anyone in the flying community.

My suggestion is, serve out the remaining suspension and then sit down and try to find ways to work with people; not against them. Further attempts to blame USHPA for all your problems only make you look foolish. Time to grow up.

Rich

Here was my response to Rich (send just this evening):

Bob Kuczewski wrote:
Rich (cc/bcc others),

I went to Torrey today and I told Robin that I was flying in spite of the suspension. If he wanted to call the police he was free to do so, and I was ready to take the matter to court. He backed down.

We also had visitors run with Little Hawk. Nothing was said.

Sometimes you have to stand up to bullies to back them down. That's a lesson that you (and Ken Baier) could learn from.

Rich, USHPA (and you) have had yet another chance to show that you stand up for pilots and you've failed again. You are showing your ignorance to say that the Soaring Council should not be involved. The Soaring Council has a long history of reviewing incidents that goes way back before I came along. But Jebb had dismantled that function and Robin's been pandering to the Soaring Council Representatives to keep them from taking action. That's the lesson to be learned. That and that USHPA is good for nothing when it comes to pilot's rights against bullying concessionaires.

By the way, it was ironic that we (myself and other members of the Torrey Hawks) stood up to Robin today (and won) while you were writing me a letter telling me to back down. So much for your "good" advice.

The fact is that I flew today because of MY approach and NOT because of yours. So who's approach is working ... and who's is failing?

Bob Kuczewski

I think the last line is probably the most important. People like Rich Hass remind me of Neville Chamberlain who took the position of appeasing the Nazi government in the hopes that appeasement would avert war. But people like Chamberlain (and Hass) don't understand that bullies just want what they want. Bullies aren't backed down by conceding to them. In fact, that's what makes them bullies in the first place. So conceding to a bully just feeds (and reinforces) the bully's bullying. The only way to stop a bully is to stand up in their face and refuse to back down.

That's what we did today, and I want to thank all the members of the Torrey Hawks who were there to lend their support.

Thanks!!!

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Sun Sep 08, 2013 11:49 pm 
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Here are some pictures from the day ...

Signing in:

Attachment:
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Telling Robin that I'm defying his suspension and I'm here to fly:

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Fun with Little Hawk:

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Mike's Flight:

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Bob's Flight:

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Wind Profile for the Day:

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Bob's landing on the beach (see Wind Profile above):

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Paragliders landing on the beach:

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A few Torrey Hawks members (a few other members weren't in this photo):

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It turns out that once again, 100% of the hang gliding flights at Torrey Pines were made by members of the Torrey Hawks Hang Gliding Club. Once again, 100% of the hang gliding activities at Torrey Pines were organized by the Torrey Hawks Hang Gliding Club. But USHPA still won't recognize that the Torrey Hawks deserve to be represented on the Torrey Pines Soaring Council.

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Tue Mar 10, 2015 9:17 pm 
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Go BobK :clap: :clap: :thumbup: :thumbup: :clap: :thumbup:

:wave:

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Tue Mar 10, 2015 9:35 pm 
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I just wanted to add a link to the "Jailed for taking pictures at Torrey" topic since they're very similar:

    http://ushawks.org/forum/viewtopic.php?f=2&t=1629

It's interesting to see the parallel between Gabe Jebb approaching to intimidate me in in this topic (August, 11th, 2013) and his similar behavior on November 9th, 2014. If the Judge hadn't instructed us to focus on the November 9th incident, this would have been good video to submit as well.

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 Post subject: Re: More abuses at Torrey Pines - Sunday August 11, 2013
PostPosted: Wed Mar 11, 2015 4:51 am 
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Hey Bob,

Several years back a pilot on launch at Mt. Tam (SF Bay Area) was cited by a ranger for not having a sticker on his helmet. The pilot was told to leave. He fought the ticket and won. The court determined that the pilot had not flown so therefore he had not violated any rules associated with the activity. I was told by one of the Tam Administrators that they would have to cite violators in the LZ (AFTER) they actually violated site requirements.
I admire your commitment to the issues at Torrey - you not only talk the talk, you walk the walk!!!
Some of the pictures you provide make it look like a bunch of thugs run the site (one idiot is giving you that 'if looks could kill' look :evil:. They certainly need to know that the muscle they're trying to flex isn't as powerful as they'd like to think. They should be ashamed of themselves for harassing you...

Good Luck!!!

Phil


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