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Re: Jailed for taking pictures at Torrey

Postby Craig Muhonen » Fri Feb 28, 2020 9:51 pm

Bob Kuczewski wrote:
bobk wrote:Let's see what kind of "support" a pilot gets from USHPA.

Well ... I did get a response from USHPA President Rich Hass, and I will be posting it soon. In his response, Rich made a somewhat disparaging comment regarding my candidacy for Regional Director. That got me to thinking about how I would respond if I were in his shoes (or any of our Region 3 Director's shoes). Here's my reply to Rich Hass and the other Directors:

Hello Rich, Region 3 Directors, and Silent Observers,

I got a long reply from Rich Hass which I'll pass along a bit later. In his reply, Rich made a somewhat disparaging reference to my candidacy as Regional Director. So I'd like to take this opportunity to let everyone see how I would have responded if I were in his (or any of the other Director's) shoes:

===================================
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, and eventually jail you 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.
===================================


Well, that's what I would have done as a Director or President of USHPA. Stay tuned to see what actually came from . . .
     . . . the desk of Rich Hass.

Bob Kuczewski


Craig Muhonen writes: Bob's written words are very well "put together", and stand alone unchanged, in black and white. Semantics, and inflection, and jesters, in the vocal world, just make it grey, with no contrast.

I challenge other writers to come forward again, and reestablish confidence in US HAWKS founders. Word Smithing and articulation, is a learned quality, and counts for allot, "The Logos in action" JP
"grow brave by reflection". And invincible with written words.
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Re: Jailed for taking pictures at Torrey

Postby Craig Muhonen » Fri Feb 28, 2020 10:20 pm

Rick Masters wrote:SLAPP suits get thrown out all the time in California
"California’s anti-SLAPP statute provides for a special motion to strike a complaint where the complaint arises from activity exercising the rights of petition and free speech. "
http://www.casp.net/california-anti-sla ... /statutes/

and

5/12/2015 2:23:00 PM
Cottonwood Council terminates Red Rock Skydiving airport lease
"The city says that Carl Priggee is a tenant with no other authority to police or remove anyone from the airport.
City officials advised Priggee that he may not exclude anyone from the public airport."
http://verdenews.com/main.asp?SectionID ... leID=65703

and

"Workplace violence" seems to have a legal definition in reference to a relationship between an employer and an employee.
But BobK was a customer granted specific additional rights as well as a public person.
-------------
"The unpredictable nature of these suits induces many employers to, settle workplace violence claims to avoid the potential of sympathetic juries and unfavorable outcomes."

Claims brought against employers for workplace violence "have resulted in millions of dollars in settlements and judgments, bad publicity, and increased insurance premiums for employers."
See Sampson & Topazian, supra note 7, at 22 (quoting Robert L. Levin, Workplace Violence: Navigating through the Minefield of Legal Liability, 11 LAB. LAw. 171, 175 (1995)).
-- Marquette Law Review, Volume 81, Issue 1, Fall 1997, Article 8
Beyond the Exclusivity Rule: Employer's Liability for Workplace Violence
Stephen J. Beaver

http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1433&context=mulr Page 107
-------------
Once again, your opponents are demonstrating they do not understand the term "lawyer's playground" and have taken very bad advice.
I can't believe they were stupid enough to ask for a jury trial in San Diego after two false arrests.
Hang in there BobK. You will receive $atisfaction.

===============**================================
Craig writes: ....$$$atisfaction
"grow brave by reflection". And invincible with written words.
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Re: Jailed for taking pictures at Torrey

Postby Craig Muhonen » Fri Feb 28, 2020 10:30 pm

Free wrote:
RickMasters wrote:Image
        OVER 1,300 PEOPLE HAVE BEEN KILLED ON PARAGLIDERS
            Image
For anyone not familiar with the PDMC (or PGDMC, as Joe calls it):
Paraglider pilots must fly within this zone of no recourse during takeoff and landing.
That is twice during every flight where their lives hang on fate – where they bet their lives nothing will go wrong.
This situation does not exist in any other branch of aviation except for helicopters near hover.
Paraglider deaths and severe injuries occur from entering this zone in three ways.
The first is experiencing a full or partial collapse within the zone. If the collapse cannot be recovered in time,
death or injury is a common result.
The second is entering the zone in a spiral dive.
The third is entering the zone at terminal velocity under full billowing collapse or where the pilot
has fallen inside the sail during wild oscillations.
Note that the effective deployment altitude varies with the speed of entry.
More info here https://web.archive.org/web/20120326143 ... gy2011.htm


Perfect new logo and great research/information, Rick.
That is a very large elephant in the middle of the room.

The facts seem clear, there must be a corporate Divorce between hang gliders and these collapsible canopies.

================================================
Craig writes: Saturday Mar. 9th 2019, 2:40 pm. is around the corner.

RIP...... RAUL VALERIO of Laguna Hills, 61 years.

GLENN BENGTSSON of Carlsbad, 43 years
"grow brave by reflection". And invincible with written words.
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Re: Jailed for taking pictures at Torrey

Postby Craig Muhonen » Fri Feb 28, 2020 11:04 pm

Bob Kuczewski wrote:OK, It's Monday morning and time to catch up a bit ...

Rich Hass sent that long message I posted earlier basically wiggling out of taking any action at Torrey. And for clarification, I had replied with what *I* would have written if *I* were a Director or President of USHPA (in case anyone was confused).

I had planned to write a detailed rebuttal to Rich Hass (and I still will), but while I was doing that, Rich discovered that he was about to get caught in another lie regarding me accepting compensation for testifying in a legal case. Here's his "apology":

Rich Hass wrote:Everyone,

I would like to clarify a comment I made regarding Bob’s relationship as an expert witness in the lawsuit against the Gliderport. It was my understanding, Bob initially agreed to accept compensation. I now understand, Bob was offered compensation but is not accepting it. I apologize for the error.

Aside from the question of compensation, the reason for my raising the expert witness subject is unchanged. That is, Bob’s role as an expert witness in a lawsuit against the Gliderport may well have been a factor in why Gabriel responded to Bob filming his students the way he did. I’m not condoning Gabriel’s behavior; just trying to shed some light on the context—which has been missing.

Please do not forward my earlier email. I have no interest in mischaracterizing Bob’s arrangement as an expert witness against the Gliderport. Once again, I apologize for the error.

Thanks,

Rich


So where did Rich get the misinformation that he used in his original message? And why did he speak without first getting all the facts? This is the kind of "shoot first, get the facts later" leadership that we have at USHPA. It's both disgusting and disappointing.

Thankfully, my emailbox has been filled with more than the doublespeak from Rich Hass. Here are a few comments that I've gotten (with identifying information removed):

A pilot wrote:That is amazing! Good for you and hang in there Bob.

Another pilot wrote:This is really something!
Not knowing the politics of the site or the past rivalries there, it appears to me you should be OK in court with a video that shows the aggressor in action.
By the way...
(1) what laws on the books did you violate?
(2) How can a member be arrested without breaking a law?
(3) legal to fly there is not trespassing!

Another pilot wrote:Read about your travails at Torrey. Looks like the usual tactics used by any facist regime. Gotta love those SD cops. Sorry you had to go to jail to prove a point. Hang in there Bob.
  :
I don't post much anymore. I find that it just leads to resentment or envy or something negative. I used to post a lot but now I just answer off line.

I did post "give 'em hell Bob" when I read of your dilemma on hg.org. The thread was removed the next day.

The people that know and understand what is happening don't need an explanation, and the people who don't, aren't worth the effort.

Unfortunately there are too many people who take "heresay" as fact and form "prejudice" opinions without researching the truth. The truth is not important to them. The "agenda" drives their thoughts and actions. I wish you the best. Let me know if you need any money for a defense fund.

Pilot .. with ellipses added wrote:Bob,
I think you have Gabe by the "...", but you should formally request a revocation of Gabe's USHPA certificates based on the following:

USHPA Basic Safety Requirements
http://www.ushpa.aero/documents/sop/sop-12-01.pdf

12-01.02 Operations
A. Site Operational Rules and Standards - At flying sites where hang gliding, paragliding, and mini-wing operations are regulated under the USHPA Pilot Proficiency Program, (USHPA SOP 12-02), pilot proficiency requirements and operating rules and procedures will be specified by the USHPA Instructor, Observer or Examiner or other officials responsible for regulating use of the site. At sites where the use is by agreement with a city, county, state or federal agency, certain such rules and procedures may carry the force of law.

12-01.05 Equipment
B. Other Equipment

1. It is required that pilots wear protective headgear while in flight.

Torrey Pines Gilderport Rules
http://sandiegofreeflight.com/jm170/index.php/gliderport/178-site-rules
Site Rules:
All Flight Operations:
Rule 5. Helmet, whistle, and reserve parachute are required for all flights.

Policy on Revocation and Reinstatement of Ratings, Certifications, and Appointments

http://www.ushpa.aero/documents/sop/sop-12-07.pdf
12-07.01 Introduction (Review)
12-07.03 Causes for Revocation

B. Conduct under the auspices of the rating, certification or appointment that unreasonably endangers the persons or property of others. This includes unsafe instruction, flight operations that endanger others (such as “buzzing” spectators or waking other pilots in the air), and awarding of ratings, certifications or appointments to people who would be dangerous to themselves or others operating within the limits of the rating, certification or appointment.

F. Violations of federal, state or local laws that jeopardize a flying site or site access.

G. Any actions that jeopardize a flying site, including but not limited to using a site for instruction or tandem flights without securing landowner permission where such permission may be required.
.
M. Violations of any of the USHPA Instructor requirements, including:

5. Instructing without following USHPA instructional guidelines.

Just a hunch, with an operation like they run at Torrey Pines they probably don’t turn in all the temporary membership forms. Request an audit.

6. Failure to return (or otherwise account for) all temporary membership forms. See “P”.

C. Full Revocation for Cause

1. Reasons for Revocation

a. The revoking official decides both the facts of the case and the actions warranted. The revoking official may use submitted evidence and may also independently obtain information used to make this decision.

b. Revocation may be based on any cause for revocation described in SOP 12-07.03. Evidence of conduct justifying revocation may include one or more of the following types of evidence:

i. First-hand observations by the revoking official.
ii. Oral statements recounting first-hand observations of the conduct by the witness.
iii. Written statements recounting first hand observations of the conduct by the writer. Such writings may not be anonymous.
iv. Photographs of the conduct.
v. Videos of the conduct.
vi. Oral statements, writings, photographs, videos, marketing materials, and other items apparently authored by the pilot.

Good Luck

Another pilot wrote:What you're dealing with at Torrey with your PG s***s is EXACTLY what I was dealing with at .... The harassment wasn't as severe but the "suspension" was lifetime (same as for my local club) - also without a hint of a legitimate pretense of cause.

That was a gutsy move and the right thing to do and I'll back you to the hilt on it ...

Best o' luck on it.

Another pilot wrote:In recent high profile court rulings, judges have ruled that video taping is a part of our right in Free Speech under Constitutional law, thus the [use] of videos in public is allowed. I think the judge will see that your video shows who is irate and the aggressor. Also I hope you can sue the person who has charged you with a false arrest of trespassing. I'd say the USHPA attorneys are busy with this on their desk right now!

Yet another pilot (with a few cosmetic changes) wrote:TARGETING OF PILOTS
The truth is l'm being threatened in the same way..

All while the gliderport management & staff break laws & flight rules..

This is how it goes...

they claim ...
1. disrupting business
2. Give pilot a notice to leave. Banning for period of time . No Judge, Jury or trail.
3. They Call police.
4. Police make an arrest of trespassing.

therefore we ...
1. Can't speak out. OR EVEN TALK ABOUT IT
2. Can't film to prove anything.
3. Cant call Police , they do nothing. Gets worse.
4. I Have no voice Anything.

SO FAR Our Leaders have failed ...
A. City Fails to take action
B. POLICE fail to correct problems
C. USHPA's failure in taking action.. irresponsible control of our sport.
D. Failure in pulling ratings: Instructors & flight directors.

Welcome to America

An observer after mistaking my proposed letter as being from USHPA wrote:Ah, my fault. Wishful thinking. The eternal optimist.

Another Long Time Pilot (with a few cosmetic changes) wrote:Bob,

This is incredible! As I have said in the recent past, it's time to stop playing by the concessionaire's (and City of San Diego's?) rules.

The concessionaire does not own the property. In fact, as I understand it, they are operating at a City owned location under a lapsed City contract. Due to the OBVIOUS corruption taking place in regard to the Torrey Pines Glider Port business operations - including the repeated violations of Black Letter law regarding the Public Trust (which involves obligations - and liabilities - directly attributable to the City of San Diego!) - you, and who ever else might join you, need to STOP playing by their (corrupt) rules! It's time to ...

    [suggested strategy omitted]

Good luck with all this BS you've gotten thrown at you.

Yet another pilot (with a few cosmetic changes and identifying information omitted) wrote:Bill Bennett had me arrested back in 1992-ish for similar s***. Nothing changes up there… Good luck. If I were you I’d sue the crap out of that place.

Funny, my experience was almost the same. After Bill Bennett told me I was banned indefinitely for no reason I showed up the next day and flew anyway. Cops were there when I landed. [identifying information omitted] I also had the concessionaires agreement ready to go but the cops didn’t care. Arrested me anyway. [name omitted] came down and bailed me out with my own money later that evening. I didn’t fly Torrey for years after that until Bill Bennett was gone. UP was in charge for a while but once Jebb showed up things went back to the same old s***.

Another pilot wrote:Here's an idea: get a restraining order against that guy. AND file a lawsuit.

Yet another long-time pilot wrote:Bob,

I'm always hopeful that things work out well for you in the long run.

I would very much like to make a $200.00 donation to your legal defense. Seriously, and I hope others do as well.
Would you please send me your mailing address?

Wishing you the best,
[name omitted]




By the way, I've turned down several offers for monetary assistance, but I do appreciate the thoughts and support they represent.

Craig writes:

RISK / REWARD Bob, lawyers co$t Mucho.
"grow brave by reflection". And invincible with written words.
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Re: Jailed for taking pictures at Torrey

Postby Craig Muhonen » Fri Feb 28, 2020 11:34 pm

Bob Kuczewski wrote:
Free wrote:The rumor of my death was an exaggeration. People have been lying about me for a long time.
Birthday 63 with Sam Clemens, again.


:clap: :clap: :clap: :clap: :clap: :clap: :clap: :clap: :clap: :clap:

Free wrote:Haven't written much lately. Wrote plenty in the past and where has that gotten me?


It's not over ... til it's over.    A long time friend gave me a gift engraved with a quote from Winston Churchill: "Never, never, never, never quit." (plus or minus one "quit" since this is from memory).

We founded the US Hawks back in 2010. It's taken 4 years to slowly get past Jack's "iron curtain" on hanggliding.org, and we're finally starting to get the growth we should have gotten back when the HGAA was started. That's OK. The time has helped us really figure out who our friends are.

Warren, you've still got your own club forum (Mo Hawks), and we've added a blog section. And if neither of those fit, there's always the "Free Speech Zone". What better place for "Free" than that? I hope we see more of your posts in the future!!!

Free wrote:U$hpa corporation is an arrogant parasite on an entertainment.

Corporations have no soul and Rich Hass is tone deaf. He comes across as an arrogant prick.
He incorrectly chose the wrong side in this "incident/stunt".


Rich Hass has been choosing the wrong side at Torrey for as long as I've known him. But we actually owe him thanks because I don't think we'd have an alternative (the US Hawks) if it weren't for the arrogance that you've mentioned. Rich Hass could very easily have supported things like balanced representation on the Soaring Council or open voting by Directors, and those things would have made it harder to build support for an alternative. But Rich Hass has arrogantly thumbed his nose at these simple fundamental requests ... and here we are today ... gaining more and more new members and chapters every year. Thanks Rich!!!    :thumbup:

Free wrote:The "stunt" is the embarrasment to the borg that needs to go global.
It's time to post the video. That's my legal opinion.


Well, there's a lot going on here. After that incident, Robin Marien had the audacity to file for a "Temporary Restraining Order" (TRO) against me. In California, those are given out with no questions asked of the other side (me). However, they did have to file sworn statements which are provably false. So I've hired a lawyer, and I'm sticking with his advice on what to publish or not. I have also shown it to a few selected people (like Jacmac - our club President) so he could make public statements confirming its existence. I assure you that it will all be published eventually.

Free wrote:Win in the court of public opinion before you invest a whole lot in lawyers.


I used to have a lot of faith in the "court of public opinion" until I watched Jack manipulate the "public" into kicking out myself, Scott, and many others. The HGAA was a modern-day re-enactment of the Salem Witch Trials. Human nature doesn't change a lot in a few hundred years. :(

Free wrote:Rosa Parks was different. Be a James O'Keefe, instead. https://www.projectveritas.com/james-okeefe-iii/


I don't know much about him, but what I've read on his web site looks good so far:

https://www.projectveritas.com/james-okeefe-iii/ wrote:James O’Keefe III

okeefe.jpeg


James O’Keefe is the Founder and President of Project Veritas, a non-profit organization dedicated to developing a national network of effective and courageous undercover citizen journalists. O’Keefe’s groundbreaking investigations have exposed corruption and malfeasance in major taxpayer-funded institutions, including ACORN, Planned Parenthood, public education, labor unions, NPR, Medicaid, Organizing for America, State Election Divisions, Obamaphones, and many other organizations. And this crucial work continues.

O’Keefe’s undercover investigations have generated media firestorms that frequently prompt state investigations, federal inquiries, and congressional action. Most recently his investigations into Obamacare Navigators led to a Congressional hearing and two state hearings, leading to stricter rules being implemented in the State of Texas. Other investigations into entitlements have led to worker retrainings, firings and criminal investigations by authorities. Recently, O’Keefe’s voter fraud exposés inspired several states to reform their election laws, induced high-level resignations in Washington, and forcing FBI and Department of Justice officials to defend themselves before lawmakers.

Even the left-Nation wrote, “O’Keefe’s influence on voting rights opponents and legislators alike is particularly jarring.” Slate.com conceded, “O’Keefe has had more of an impact on the 2012 election than any other journalist.” And O’Keefe succeeded despite constant threats of legal action from embarrassed State Attorney Generals and relentless defamation from major media.

In 2013, O’Keefe authored The New York Times bestselling book Breakthrough: Our Guerilla War to Expose Fraud and Save Democracy, which tells the true story of subverting a corrupt and complacent media establishment, surviving many gratuitous legal challenges, and restoring truth to journalism by successfully pioneering a new form of guerilla reporting.

O’Keefe is a graduate of Rutgers University. A congressional resolution was introduced in 2009 with 31 cosponsors praising him for his work. He is the recipient of the Robert Novak Award for Journalistic Excellence (2011), has been named “Fox News Power Player of the Week” twice by Chris Wallace, and was placed on the Forbes 30 under 30 for media moguls.


It's really good to know you're alive Warren. I mean that most sincerely.    :clap: :clap: :clap: :clap: :clap: :clap: :clap: :clap: :clap: :clap:


Craig writes : RISK / REWARD. Bob.... don't be " Beaucoup Dien Cai Dau"
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Re: Jailed for taking pictures at Torrey

Postby Craig Muhonen » Sun Mar 01, 2020 8:20 am

"grow brave by reflection". And invincible with written words.
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Re: Jailed for taking pictures at Torrey

Postby Craig Muhonen » Sun Mar 01, 2020 8:33 am

https://ushga.aero/masters/index.php/ushpa-dystopia/
one of many reports from Rick Masters that are so well put together. as always , TY


https://m.youtube.com/watch?v=m57gzA2JCcM. Arlo & Alice

On March 9th at 2:40 PM....

Bob & Margie should: (along with some friends flying above in memorial)

With cameras rolling: (and I'm going to buy Bob a new jacket)

Lead A "band of brothers" , and the spirit of Raul & Glenn and others, and their familys, .(where are they?????) (Now that's the story) .their 4 part harmonies and their flutes, and guitars ...carrying signs, and 33 ..8 x 10 , color glossy photographs..with circles and arrows.. and
a paragraph on the back... of each one....explaining what each one was.... to be used as evidence against u$hpa.......... and say... "IF YOU WANT TO END WAR...... .and STUFF.... YOU GOTTA SING LOUD..."

Then say... "we are marching and playing music here without a permitt, we have come on this public park with sorrow in our hearts, and spoken of anger and grief... we have spoken our minds only to be SLAPPed' in court, and arrested...... .three times...(without a police report!!!??? we will never sign your illegal wavers ...we will make formal complaints to the grand jury, ...we will drop our cigarette butts without "field stripping" them, ....and we will drop pamphlets (Thomas Paine's "Common Sense") from our likeable, low flying ," illegal", "aircraft" (craft being the word)....... .we will be asking you
"how are YOU gonna act???[/b)... ..and...

[b]PLEASE..and you MUST......arrest us ALL....for littering
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Re: Jailed for taking pictures at Torrey

Postby dhmartens » Mon Mar 23, 2020 9:48 pm

"Torrey Pines parking lot now shut down".
https://www.youtube.com/watch?v=O_hD9ddeGhE&t=144s

You still may be able to bike in to get a flight (soft closure).
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