[wingspan33]

Found this tid bit a few hours ago -

California Civil Code Section 52.1

52.1. (a) If a person or persons, whether or not acting under color
of law, interferes by threats, intimidation, or coercion, or
attempts to interfere by threats, intimidation, or coercion, with the
exercise or enjoyment by any individual . . . of rights secured by the
. . . laws of this state, the Attorney General, or any district attorney
or city attorney may bring a civil action for injunctive and other
appropriate equitable relief . . . in order to protect the peaceable
exercise or enjoyment of the right or rights secured. An action
brought . . . may also seek a civil penalty of twenty-five thousand
dollars ($25,000). If this civil penalty is requested, it shall be
assessed individually against each person who is determined to
have violated this section and the penalty shall be awarded to each
individual whose rights under this section are determined to have
been violated.
(b) Any individual whose exercise or enjoyment of rights secured
by the . . . laws of this state, has been interfered with, or
attempted to be interfered with, as described in subdivision
(a), may institute and prosecute in his or her own name and on his
or her own behalf a civil action for damages, including, but not
limited to, damages under Section 52, injunctive relief, and other
appropriate equitable relief to protect the peaceable exercise
or enjoyment of the right or rights secured.

#1. Is there a CA law about a citizen's right to the peaceful use of public lands/parks?

#2. How many Glider Port employees interfered by way of threats, intimidation, or coercion toward Bob?

#3 How many other people have been "interfered" with in a similar manner as Bob?

[Bob Kuczewski]

#1. Is there a CA law about a citizen's right to the peaceful use of public lands/parks?

#2. How many Glider Port employees interfered by way of threats, intimidation, or coercion toward Bob?

#3 How many other people have been "interfered" with in a similar manner as Bob?

I don't know the answers to these (yet), but I retained an attorney on Monday, and we filed a police report against Gabe Jebb for assault and battery yesterday. It's not clear if the police (or City Attorney) will do anything about it, but at least it's been filed, and they have the evidence.

Robin Marien has filed a restraining order against me to keep me from being on the Torrey Pines Gliderport property. The filing is full of perjurious statements by a number of individuals. The clearest case of perjury is against Gabriel Jebb where the video evidence is quite clear.

I appreciate ALL of the comments and suggestions regarding this case that have been (and hopefully will be) posted to this topic. I usually respond to almost every post on this forum, but you may find me somewhat silent with regard to many posts in this topic on the advice of my lawyer. So please keep posting your ideas, and please pardon me if I don't respond to them all. That doesn't mean I'm not reading them very carefully!!!

Thanks.     

[wingspan33]

Hey Bob,

I think we all understand about your, at least selective, response on this thread. One step at a time, as they say.

One note here in connection with your last post. Here in NYS, once a violation of NYS law is reported, law enforcement officials have NO CHOICE but to pursue the matter. This is so because a crime against one NY citizen is a crime against the whole State of NY. I wonder if California is the same? I'll have to look into that.

So, the whole idea of "not pressing charges", at least in NYS, is something only an ignorant person might be convinced of as being a possibility. Here, once a complaint is presented/filed, the police truly have no choice.

An old girl friend was once effectively assaulted by her X - boyfriend (he threatened her verbally while holding and brandishing a mallet). While she made an "informal" report to the police (while I observed) she did not want to file a "formal" complaint. The thing is, (and I explained this to her) once she stated the details, the police officer was legally obligated to write up a report and proceed in creating an arrest warrant. He failed to do so - because he knew he could get away with it (with most people). Also my old girl friend was more worried about retaliation from her X if she did file a complaint. Leads to a kind of a viscous circle.

[Bob Kuczewski]

Here in NYS, once a violation of NYS law is reported, law enforcement officials have NO CHOICE but to pursue the matter. This is so because a crime against one NY citizen is a crime against the whole State of NY. I wonder if California is the same? I'll have to look into that.

I went to the police station to file a report against Gabriel Jebb on November 19th, 20th, and 21st. They refused to allow me to file on the 19th. On the 20th, I was told that I could file a report, but they advised me to contact a lawyer first. I did that and came back to file the next day (21st) and was again told that I couldn't file it. It took bringing a lawyer to the station with me to finally force them to take the report on the 25th. But even then, they said that they wouldn't be making an arrest. Why not?

Given that Gabe Jebb is the son of a former San Diego police officer (David Jebb), it's hard to imagine that there isn't some forum of police corruption involved in this case.

[wingspan33]

Given that Gabe Jebb is the son of a former San Diego police officer (David Jebb), it's hard to imagine that there isn't some [form] of police corruption involved in this case.

Bob,

"Favoritism" may be the more "Politically Correct" version - especially depending on to whom you are speaking.

Beyond that, this is when a person makes a trip to the City Attorney or local DA's office. Present the complaint there (bypassing the police) and insist that they look at the video evidence. You have a CRIMINAL complaint - an arrest needs to be made. Probably more than one!

I would also suggest that you bring a witness (see if someone in the press will come along!).

[Bob Kuczewski]

You have a CRIMINAL complaint - an arrest needs to be made. Probably more than one!

You are right. I'll be considering that this weekend (along with a lot of other things I have to do on this).

By the way, here's a response that I just got from Rich Hass (USHPA's President):

Bob,

You should be pleased to know; earlier this week, the EC voted to amend the safety requirements in SOP 12-01.05 to to require members to wear a helmet whenever they are hooked into their glider. It will take a few days to get the SOP updated and posted on the USHPA website. USHPA will make reference to the updated requirement in its next members newsletter.

Thanks,

Rich Hass

Here's my reply:

Rich (cc/bcc others),

Thank you for your notice (included below) stating that the USHPA Executive Committee has made a change to the SOP regarding helmets.

But I want to be clear that I was NOT objecting to Gabe Jebb not wearing a helmet as an experienced pilot. I believe in giving experienced pilots the freedom to make their own decisions. I WAS objecting to Gabe Jebb demonstrating kiting techniques to his students while NOT wearing a helmet. That is a different matter, and I would hope that this would be included in the SOPs as a *recommended* practice for all pilots and a *requirement* when instructing.

Finally, I appreciate that my efforts to document this incident have been (eventually) acted upon by USHPA. However, the problem remains that I was told to leave the property and eventually jailed due to my documentation of this exact incident. And beyond that, I am now being prohibited from even being on the Torrey Pines Gliderport property as a result. If USHPA is serious about encouraging pilots to make the kinds of reports that result in safety improvements, then USHPA cannot stand by while people who document unsafe practices are retaliated against as I have been. I am again asking what USHPA will do to help in this situation. I've again included my "suggested" letter below for consideration.

Thanks,
Bob Kuczewski

==== This is how USHPA SHOULD react ====
Hello Bob,

I want to thank you for having the courage to video tape and report this incident. It's clear that you endured considerable abuse for this, and as a USHPA Director I want to apologize for the behavior of the USHPA instructors who participated in the harassment that you've experienced.

I can assure you that such behavior will NOT be tolerated, and I will be personally seeking the maximum penalty that USHPA can impose - including but not limited to removal of instructor ratings.

Bob, as USHPA Directors, we cannot see and know everything that happens at our sites. So we MUST rely on the pilots - from coast to coast - to step forward and report these kinds of safety violations that could easily jeopardize our flying sites and our members. I am appalled and disgusted at the obvious bullying tactics by USHPA instructors who were clearly attempting to intimidate you from performing that necessary function. I would have expected a USHPA instructor (like Gabe Jebb) to politely thank you for pointing out his lapse. I would have expected a site operator (like Robin Marien) to likewise thank you for helping improve the quality and safety of the instruction at his site. The fact that they chose instead to taunt, harass, belittle, jail, and eventually ban you from flying is beyond my comprehension.

Bob, let me apologize if I've ever shown any uncertainty as to the validity of your efforts to reform Torrey Pines. What I've seen in just this one incident (let alone the numerous incidents in the past) is more than enough proof that USHPA's "hands off" approach at Torrey Pines has failed. I am hereby committed to USHPA taking an active leadership role at Torrey Pines, and I will be recommending that we increase our representation for USHPA and USHPA Chapters on the Torrey Pines Soaring Council so we can better represent the hang gliding and paragliding pilots at that site. Please accept my apology that this has been allowed to go this far, and let me know what USHPA can do to help in your defense against the obviously fraudulent charges that have been
filed against you.
===================================

[tommy42]

Post the video on youtube and hope it goes viral!

[Bill Cummings]

United States Code of Law (Fed.).
http://www.gpo.gov/fdsys/pkg/USCODE-201 ... sec241.htm
18 U.S.C.
United States Code, 2011 Edition
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
Sec. 241 - Conspiracy against rights
From the U.S. Government Printing Office, http://www.gpo.gov

§241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Also:
http://www.gpo.gov/fdsys/pkg/USCODE-201 ... sec242.htm

[JoeF]

BobKuczewskiLETTER.pdf

Character reference over Bob Kuczewski

(203.33 KiB) Downloaded 390 times

Letter of character reference is attached.

MODERATOR'S NOTE: Full text of attached PDF:

To Whom It May Concern,                                         December 1, 2014, County of Los Angeles
Re: Character reference over Bob Kuczewski

I am Joe Faust, co-founder of the United States Hang Glider Association; publisher of Hang Glider Weekly; Low & Slow; Upper WindPower; USA Olympian as high jumper, father of three children, founder of the most-early international hang gliding association in Self-Soar Association which had over 30,000 members; valedictorian of Culver City High School in 1959; former secret clearance at McDonnell Aerospace Corporation regarding my industrial engineering service; property owner in Los Angeles County at 5271 Borland Rd, Los Angeles, CA 90032; telephone: 323 222-6895; email: editor@upperwindpower.com ; graduate in pure mathematics from California State University at Los Angeles; former public school mathematics teacher in Los Angeles Unified School District; founder of contemporary Airborne Wind Energy Industry Association that serves the growth of the renewable energy industry that derives electricity from the use of large advanced kite systems, expert in hang gliding history expressed in robust open-source publishing on the Internet, current hang glider builder and pilot (since 1960s), visitor to many hang glider flying sites including Torrey Pines Gliderport; observer of Bob Kuczewski in many of his ways: site conduct, project fulfillment, political activism, hang glider handling, social-service to hang gliding community, sharing wing running with people in public parks, safety communications, and more.

From my experiences with Bob Kuczewski there has been my unreserved support for his founding a local and national hang gliding association. He is the most fair-dealing person for hang gliding matters that I have known in my 50 years of observing people in the hang gliding world. There is not an ounce of violence in Bob Kuczewski, but there is a ton of passion for seeking justice for others who participate in hang gliding; wrong will face a brick wall in Bob Kuczewski, but never wrongful move of violence; his message is one of mercy, peace, justice, and creative action. I have supported his projects in hang gliding without reserve. I, among many, thank him for taking on many of our important issues.

Signed, Dec. 1, 2014

     Joe Faust

[wingspan33]

Bill,

That's great information. The California section of the law I quoted at the top of the page is the State's version of the same law. But it's very good to have the Federal version since possibilities exist that Bob could face (law enforcement based) bias with local and/or State officials. While that hopefully will not be the case, it's good to keep a broader perspective on the legal options.

Also Federal Courts are far more friendly to Pro Se Plantiffs. Presenting a basic case, which includes such clear supporting evidence, is easily within the means of someone like Bob. In the process he could save thousands on lawyer's fees. As an "Inc." the opposition would not be so fortunate.

Also, Joe,

I read your Reference Letter. Very good. I've got to work on my own version today. I encourage others to put their own Character Reference Letters together ASAP.