[Bob Kuczewski]

This topic includes my Crestline flights on Aug 23, 2020, and September 1, 2020. But there's more to the story.

Prior to those flights, on August 9th, 2020, I legitimately obtained a 30 day USHPA membership in order to fly a tandem flight with a friend of mine. I gave my full name and made the issuer aware of my expulsion from USHPA. The issuer saw no problem, and issued the 30 day temporary card. The membership number on the card was 601528. That card provided insurance so that the card holder (myself) could fly at USHPA controlled sites.

Also prior to those flights, I joined the Crestline Soaring Society using their on-line application form. In the past, Crestline had paper applications available at the landing zone where a pilot could enter all of their information and submit a payment through their payment slot. The paper application would have allowed me to enter the full temporary membership card number, and I could have also noted my previous regular USHPA number. But Crestline hadn't included that option in their on-line form. Instead, the on-line form only allowed enough room for 5 digits (not the 6 digits of the temporary card). So I had the choice of entering 5 of the 6 digits (which would have been someone else's regular USHPA number) or using my previous regular USHPA number which would properly identify me. I chose the latter. I submitted the form with the required membership fee and proceeded to fly both flights as shown in the earlier photos.

After my flights at Crestline, I got an email message from David Webb on September 9, 2020:

Hi Bob,

Sorry for the inconvenience, but it was brought to our attention recently that your USHPA status is currently listed as an "explosion." CSS requires an active USHPA membership to fly all of our sites and to conduct flight operations in the LZ. It would appear that you flew from Crestline recently, so we must formally request that you do not fly from any CSS launch (Crestline, Marshall Peak, the 750, Regionals, etc) or use the AJX LZ until you can restore your USHPA membership in good standing.

Thanks for your understanding,
David Webb
CSS Safety Director

David's message (from "safety@crestlinesoaring.org" on September 9, 2020) included copies to "president@crestlinesoaring.org", and "veep@crestlinesoaring.org". David hadn't considered the possibility of me having a temporary membership card. So I responded to all (with a private copy to my driver) with this message:

Hello David and others,

I believe I was flying under appropriate insurance and membership requirements. Who has informed you otherwise?

Thanks in advance,
Bob Kuczewski

On that same day (still September 9, 2020), I got back this reply:

Hi Bob,

I looked up your USHPA status here:

https://www.ushpa.org/m/81898 <https://www.ushpa.org/m/81898>

That shows as expired, and USHPA informed us that your membership was expelled several years ago. CSS requires both club membership and an active USHPA membership.

Thanks,
David

David had checked my "regular" USHPA number, but did not consider that I might have had a 30 day temporary number. I was curious about the process, so I probed a little further (also on September 9, 2020):

Hello David,

You said "it was brought to our attention recently". I'd like to again ask who it was who brought it to your attention ... because they are wrong.

Thanks in advance,
Bob Kuczewski

David responded (still on September 9, 2020):

USHPA did, and it reflects on their website as well. Here is a screenshot from their "Member Revocations" page:

https://www.dropbox.com/s/6tk7mhnf0nwg9 ... M.png?dl=0

Link to that page is here:
https://www.ushpa.org/member/member-revocations.aspx
<https://www.ushpa.org/member/member-revocations.aspx>

Again, to reiterate, we require that you have a USHPA membership in good standing. Appreciate your understanding. Please reach out if that status changes.

Cheers,
David

I replied the next day, September 10, 2020:

Hello David and others,

I see how you've been confused. Your electronic sign up page asks for a USHPA number, and it only provides room for 5 digits. However, my 30 day temporary membership number is 6 digits (601,528 issued on August 9th, 2020). I could have truncated that to either 60152 or 01528 to fit your form, but neither of those would properly identify me, so I used my "regular USHPA number" of 81898.

This exchange brings up several issues:

1. Your electronic membership page should be modified to allow for entry of all legitimate membership numbers including 30 day temporary numbers. I would further suggest that the club continue to accept hand-written paper applications as it has in the past. That would allow explanatory notes and temporary membership numbers to be added to the application. It would also allow cash payment which is currently prohibited by your electronic system. If that system were still in place, I could have (and would have) included both of my membership numbers to eliminate any confusion.

2. You should not jump to conclusions when accusing people of breaking your rules. I was correct when I stated that "I was flying under appropriate insurance and membership requirements". I have always respected and abided by your club's rules, and that's why I have only flown there when I have had the appropriate membership and insurance. Given my long history of abiding by your rules, I do not appreciate being accused of breaking them.

3. Our sports have had an out-of-control rumor mill that has damaged both our sports' and our members' reputations. It is important to stop false and defamatory rumors at their source. That's why I asked where you had gotten your information. I'll take you at your word that you simply looked it up on USHPA's web site, and that it didn't come from a malicious source stirring up trouble. Only you know for sure.

Finally, it's important to note that I was expelled from USHPA due to my expert testimony in a case between a USHPA member and a USHPA supported business. USHPA supporred the business instead of it's own member in that case. USHPA's subsequent expulsion amounts to retaliation for my testimony in a court of law. The repercussions from that illegitimate expulsion are both widespread and ongoing. As a long time member of the CSS with an excellent safety record, I would appreciate official support from the CSS to reverse USHPA's expulsion. But that's up to you and your current administration.

I will continue to work for fairness at all of our sites as I have at Torrey and Dockweiler and others. I welcome your help. Please contact me any time.

Sincerely,
Bob Kuczewski
858-204-7499

I thought that would have settled it, but it didn't. David sent me this on that same day (September 10, 2020):

Hi Bob,

I'm unable to verify that USHPA number anywhere. Let me know who issued that temporary number to you and I will follow up with them.

I'm fairly new to the flying community, and I don't want to get wrapped up in some long-standing battle (which it looks like there is one), but I will just state the club's policies as they relate to your situation:

- CSS requires a USHPA membership in good standing. I can't verify your membership in any way, other than your word, so that's an issue.

- You stated below that you are aware of your USHPA expulsion. It therefore strikes me as very odd that you recently got a temporary USHPA number, knowingly trying to circumvent that expulsion.

- By trying to circumvent both USHPA's rules and the club's, you are threatening the overall health of the site. The club has very few rules in place, but the ones that are there are important to maintain operations and a safe flying environment.

I'd again ask that you please respect the club's guidelines, work out whatever you need to work out with USHPA, get your status with them fixed and back in good standing, and then come back and fly with us.

Hope the club's position is pretty clear on this. Please direct any future communication directly to USHPA and let us know when you have everything worked out.

Cheers,
David

Now David was starting to get offensive. I've found that people who sign their communications with "Cheers" rarely mean it. So I replied (again on September 10, 2020):

David, Crestline Officers, and others,

My 30 day membership states:

"This is to certify that Bob Kuczewski is a Student / Affiliate Member of USHPA with all of the benefits of membership for 30 days from the date of this issuance."

The date of issuance was August 9th, 2020. Your comments implying that the 30 day membership was obtained by attempting to "circumvent" anything are borderline defamatory. Please cease and desist from any such defamatory comments.

You have both my USHPA number and the 30 day membership number. I have complied with all of your club's rules. If you continue to state otherwise, then that is also defamation.

It is common knowledge that USHPA has been (and continues to) retaliate against me for my testimony in the Shannon Hamby case and for my speeches to the San Diego City Council. USHPA's retaliation is intended to intimidate other pilots who might similarly testify as experts in cases of injury and death. USHPA would like to enlist local clubs (such as the CSS) in their scheme of retaliation. Whether you join them or not is up to your club. I would personally advise against it. Instead, I expect you to treat any of my 30 day membership(s) just as you would treat any other visiting H4/P4 pilot with a 30 day membership. I had the membership card with me during both of my flights, and I presented it to anyone who asked. I have also provided you with the card number and you can confirm that with USHPA as you see fit.

In conclusion, I have abided by, and complied with, all of the regulations of the CSS. That should end of the matter unless you can prove otherwise. I do not want to hear of any more defamatory remarks made by any CSS officers or members. I do not wish to have negative relations with the CSS, but I will also not tolerate false statements about myself or my conduct. Let's leave it at that.

Sincerely,
Bob Kuczewski
858-204-7499

By that time, the CC and BCC lists had grown, and I wanted to offer David a personal comment. This had been our first communication, and I don't think I'd ever met him in person. So I sent him this privately on September 10, 2020:

Hello David,

I wanted to write to you personally to let you know that I understand that you are likely caught in the middle of something that you haven't researched and that you may not fully understand yourself. That's fine. I understand that.

It might help you to imagine that your own ability to fly were unjustly taken away. Of course, in fairness to you, you don't know whether my ability to fly was unjustly taken or not. That would take more research than I have a right to expect you to do.

But if you can at least admit the possibility that a serious injustice has been done, then it might help temper your responses and keep you from jumping to conclusions about my conduct. That's all I ask.

Sincerely,
Bob Kuczewski
858-204-7499

Shortly afterward (still on September 10, 2020), I got an email message from veep@crestlinesoaring.org:

Dear Mr. Kuczewski:

The Crestline Soaring Society is a local chapter of USHPA, and we must abide by USHPA's rules, which require any person desiring to fly at our site to be in good standing with USHPA. David has informed you that apparently you are not in good standing by virtue of your expulsion from USHPA, which is shown on USHPA's website. If your expulsion shown on USHPA's website is a mistake, please have USHPA correct it and update its website accordingly or send us a USHPA correspondence stating that you have been reinstated. Without that, unfortunately, we cannot allow you to fly here. This is not a decision based on anything other than the black-and-white rules of USHPA. We sympathize with your situation, but we cannot jeopardize our standing with USHPA.

We look forward to you letting us know that this has been resolved with USHPA, so that you enjoy flying with us again.

Very truly yours,
Stan Barankiewicz, Vice President
Crestline Soaring Society
5500 Ben Canyon Rd.
San Bernardino, CA 92407

I haven't read the Crestline rules and bylaws, but I doubt that they state that pilots must "be in good standing with USHPA" to use the site. It probably says something more along the lines of "must have valid USHPA membership and insurance" which I did have. What would it mean to be in "good standing with USHPA"? Does USHPA issue a "good standing" card that I'm not aware of?

So I responded the next day on September 11, 2020:

Hello Stan and others,

Just to be clear, are you saying that all of the 30 day memberships that I have purchased since my expulsion were fraudulent and did not actually carry the insurance that was claimed?

Sincerely,
Bob Kuczewski
858-204-7499

Checkmate. Either USHPA was issuing fraudulent insurance or my temporary membership was valid. I am certain that it was not issued fraudulently, and USHPA would not want to open that can of worms anyway, so David replied:

Dear Mr. Kuczewski:

Not at all. What we have asked you to do is clear up the matter with USHPA. Otherwise, please provide us with a photograph of your temporary USHPA certificate, so that we may take up the matter with USHPA directly.

Very truly yours,
Stan Barankiewicz, Vice President
Crestline Soaring Society
5500 Ben Canyon Rd.
San Bernardino, CA 92407

By that time, the 30 day temporary membership (issued on August 9, 2020) had already expired, so the point was moot. I had already given them the temporary number (see above), so I don't know why he wanted a copy of the actual card other than to retaliate against whoever issued it. So I responded (again on September 11, 2020):

Hello Stan and others,

That's great. Then the problem is resolved.

If the 30 day membership was not sold to me fraudulently, then it is valid and it was valid during my flights at Crestline.

As stated earlier below, the 30 day membership was issued on August 9th, 2020, and the number on the membership card was 601528. That should uniquely identify the contract with USHPA. I carried that card with me during both of my flights at Crestline and I showed it to anyone asking to see it.

I believe that resolves the matter in my favor, and anyone claiming otherwise is practicing defamation.

Sincerely,
Bob Kuczewski

At that point, Frank Colver decided to speak up. Frank had been my driver for my first day of flying, and he witnessed everything that transpired. Here's what Frank wrote:

To all concerned,

I can shed some light on this misunderstanding about Bob's ability to legally fly the Crestline property on the first time he did so. I was his driver that day and I can vouch for the fact that he did have in his possession, all day, his valid 30 day USHPA membership card, which had not expired.

The problem came up when he signed in the web application to fly that day. Because on the web registration there were not enough spaces to enter the 30 day membership number he entered his old USHPA membership number, as he has explained. I told him at the time that because, as we all agree, that number was no longer current and it would go "glitch" when checked. And that is exactly what happened. However, he did have the valid 30 day membership card on his person and I bear personal witness to that fact. I'm not aware of anyone asking to see it that day but if they did I'm sure he presented it.

I also suggest that sufficient space be added to the web application for 30 day member numbers. Visitors from other places also use 30 day USHPA memberships to fly these sites during their flying vacations.

Sincerely,
Frank Colver
USHPA #7
Current member in good standing.

Again, that should have settled it, but David wasn't done. He replied to all on September 11, 2020

Frank,

The issue here is not some CSS membership issue or website problem. Pilots can buy a CSS membership without even entering a USHPA number (this is a must for new pilots who are just starting out). The issue is that Bob is listed on the USHPA site (and confirmed by their staff) that he had been expelled. Expelled, in this case, means forced to leave. We have yet to see this temporary membership or get the name of the qualified individual who issued it, but it is clear that it was issued (or obtained) in bad faith. Bob has admitted to being aware of his expulsion and yet he chose to attain a temporary USHPA membership in direct conflict of that expulsion.

CSS requires a valid USHPA membership in good standing to fly our sites and use our LZ. We insist that all pilots respect these rules.

Thanks,
David

Frank replied (still on September 11, 2020):

David,

I understand your position as safety officer of CSS.

Bob's 30 day membership was not issued or obtained in bad faith, as I understand it. I know Bob very well and this would not even be in character for him. He is a very upright and by-the-book guy. Anyone he would purchase a 30 day membership from would have to be fully aware of his status at USHPA before the transaction takes place. I personally know of two previous 30 day membership purchases where this was definitely the case, they were both completely aware of his USHPA situation. They were both legitimate sellers.

Here's what I know:

When Bob returned from his trip to Florida he said had flown at Wallaby Ranch. His only purpose in going there was for his girlfriend to fly. He told me at the time that he had explained his USHPA expulsion to the operators when they offered to sell him a 30 day USHPA membership, so he could fly. He wanted them to be fully aware of his expulsion situation with USHPA, as I understood it when he was relating this to me. They told him it was OK to purchase it from them. To me that indicates that the expulsion didn't matter to them.

Bob had no reason to make this up when relating the experience to me because there was no SoCal flying involved or planned between me and him at the time.

Background:

His expulsion by USHPA management is personally vindictive on their part and is not supported by facts. They cannot name any SOP's, on the books at the time, that he violated, and the courts have all ruled that he had not broken any civil or criminal codes or laws. It is purely vindictive because he testified for the plaintiff in a case against the Torrey operator and he speaks often before the San Diego city council. The 30 day membership would not allow him to say to anyone that he represents USHPA, which is, as I understand it, what they wanted in the end.

Frank

Everything that Frank wrote was true. I hadn't wanted to bring Wallaby Ranch into it, but I hadn't communicated that to Frank. I would have expected USHPA to know that from the temporary number anyway, so it wasn't a big secret. I replied to all on that same day (September 11, 2020):

Thanks for the clarification Frank. I think your explanation should put the matter to rest.

Sadly, I am expecting that someone in the CSS will "tattle-tale" to USHPA about the source of my 30 day membership and that will lead to USHPA's retaliation against the issuer. That's disgusting.

This incident further clarifies that USHPA is no longer an organization supporting its members or the sport of hang gliding. It is now a tool of retaliation protecting the most dangerous and irresponsible elements in the free flight community.

My expulsion for speaking out draws a clear line in the sand. History will record who has stood on which side of that line. Thanks, Frank, for standing on the side of truth and justice.

Sincerely,
Bob Kuczewski

Again, that should have put the matter to rest, but David wasn't done yet. He wrote to all of us on September 11, 2020:

Bob,

We followed up with USHPA about your situation regarding temporary memberships, and here is their response:

Due to Bob Kuczewski's permanent expulsion from USHPA, he is ineligible for any type of USHPA membership, including temporary 30 day memberships. The purported issuance of any USHPA 30 day membership to Mr. Kuczewski would be invalid and no USHPA member benefits (including, but not limited to, insurance benefits) would be conferred upon him by the use of such a form.

We again ask you to rectify the issue with USHPA and let us know when you have a membership in good standing before flying at our site.

Cheers,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
david webb css safety director

What did I say about people signing their messages with "Cheers"?

So I responded on September 12, 2020:

Hello David,

I appreciate your quote from "USHPA", but I believe it is incorrect. Could you please forward the full message including the sender's name and other contact information so I could follow up with them directly?

Thanks in advance,
Bob Kuczewski

David replied on September 12, 2020:

No. You need to stop emailing the club and fix this matter with USHPA.

Thank you,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
david webb css safety director

Obviously, David didn't want to share everything that USHPA had said ... even though he quoted them earlier and was using them as an excuse. I wrote back on that same day (September 12, 2020):

David and others,

If you are sincere about me contacting USHPA on this matter, then would you please send me your full correspondence with them about this matter.

Thanks in advance,
Bob

That seemed like a reasonable request, but David didn't answer. I believe that was the end of the discussion.

[Chris McKeon]

Hi Bob:

Bob, you know what? I have an idea that after I am back to Flying My Predator again. Also. almost as important that I will be Flying again, is the Pending reality that I Will be able to Drive again as a Person who will Poses a Valid driver's License. I was just sitting here in Cazadero California. I thought to Myself: Bob will simply love it, even with say We go to the Cloud Buster, or Wolf's Peak Launch to get Ourselves into the Air. But these Sierra Mountain Launches do have a serios lacking Quality as compared to the Sites that You Concern Yourself with Launching from Down where You Fly there in Southern California. For These Two Launches are up in the Sierra's do indeed certain aspects that You might find a little Unsettling as compared to these Sierra sites that you deal with such as Crestline. Yes, up in the Sierra's at these Two Sites, and there are other sites that You could launch From. But these sites are not under the Mangement, Control of some Cessionary. Bob You will have to make an adjustment. Yes, Bob You will just have to deal with the fact that there is no Private entity What are They called at Crestline? A do They call Themselves a Concession?

Yes if You are a Pilot who appreciates being able to Launch their Glider from a site While not having to Submit to some Made up, Corrupt entity. Then Sites such as Cloud Buster, and Wolf's Peak are for You. Bob, you know that We call Flying our Gliders: {Free Flight} for a reason. Up in the Sierras You will feel Truly Free.

[Chris McKeon]

Hello Bob: Bob, I am thinking after reading through theses Posts Back and Forth regarding Your Expulsion of You from Flying the Sites that: "THEY CONTROL". Reading the BS that has been leveled against You by These esteemed, People have setup shop operating a Money-making concession Read: ["CONSESIONARES, who only are able to Fleece Pilots from their Money by having the Local Police in Their Back Pocket. Because if You, as Bob You are One of the undesirables, Pilots who do not measure up to The Concesiones Idea of Who should, and Who should not Be allowed to launch their Hang Gliders from Publicly owned Land. Bob, and other Pilots who live down in Southern California. I sympathize with You. I want to say if a Pilot who lives down there just happens to own Property and Pay Taxes. Heck You are one of the Owners of the land that some Shaddy operator of a Concession that enables with the backing of local Police to enrichen themselves.

So, look I am over Five Hundred Miles away. I do not care to launch My Glider from Torrey Pines. Heck I never probably ever will. But I do feel for You Guys.

Good luck with Your fight these corrupt Operators of a "Concession" at Torey Pines.


Good By Chris McKeon 925-497-1059.

[Bob Kuczewski]

Thanks Chris.

I suspect very few people have taken the time to read through all of those posts. I appreciate you taking the time to do so.

There's an old saying that money is the root of all evil. I don't know about ALL evil, but money certainly accounts for a good percentage of it.

The only way to protect society from the corruption of money is to form organizational structures that are resistant to such corruption. It has to be a system of checks and balances similar to those in the U.S. Constitution. One method of "checks and balances" is the free market itself. If one company starts to get "evil" in search of money, there will be competing companies that will spring up to compete. This is actually a pretty good system because there is no one power in control. The free market essentially manages itself. The only time that doesn't work is when a monopoly gains so much control that they can crush any competitors in the market. That's why we have laws to break up monopolies when they become too powerful.

USHPA has essentially become a monopoly. They control almost all of the most popular hang gliding sites. Yes, you can still drive out to the sticks and find uncontrolled sites with unknown hazards, but for the vast majority of our population, that's not practical (or safe) for regular flying.

USHPA was founded by Joe Faust to be a pilot's organization helping pilots to fly. But over time, USHPA has become a business and it is being governed by many of those with a financial interest in the sport. This trickles down to the chapters like Crestline Soaring Society (CSS) which must conform to USHPA's rules or lose their site insurance. It's a mess.

We created the U.S. Hawks as an alternative to USHPA. Unfortunately, we have had a difficult time growing our membership. Part of the difficulty has been the "iron curtain" of discussions on sites like hanggliding.org and ozreport.com. If, for example, you post a link to ushawks.org on hanggliding.org, it will be automatically changed to something else, and you may be banned or threatened to be banned. If you want to try it, create a new account on hanggliding.org and try to post a link to ushawks.org. See what happens and let us know.

But mostly, thanks for reading through all of those details. Knowledge is power, and reading builds knowledge. Keep up the work on your recovery. I look forward to reading about your return to the sky.

[Chris McKeon]

Bob Maybe, just Maybe I will end up Hang around Launch with a Sign made from cardboard, a sign just like the Bums that We have Who stand on the Sidewalk in front of Local Continence Stores Up Here in the East Bay. Their Signs read: "I Will Work for Food'. Yes, I will stand around at a Launch Site with My Sign that Will say: "I will Fly for Food". Regarding Bums: I was down I Phoenix Arizona Once. I saw Bums down there also. Check this out, this was Price-less: Well, this One Guy down in Phoenix Arizona had a Sign that said: "Why Lie, I Need a Beer"