Torrey Trial - 33 Causes of Action
Posted: Mon Apr 18, 2022 9:34 amTorrey Trial - 33 Causes of Action
In California Superior Court case 37-2015-00015685 (Marien, Jebb, and Air California Adventure v. Kuczewski, Holland, and Does 2 through 20), the complaint (Second Amended Complaint) contains 33 Causes of Action. This post contains the links and videos from those Causes of Action sorted by date.
This topic was created to answer the many questions I've gotten about this law suit. The complaint claims that these statements (below) have defamed Robin Marien, Gabriel Jebb, or Air California Adventure. Ms. Holland and I assert that all of these statements are not defamation because they are either true or expressed as opinions (either explicitly or implicitly).
It is a fact that there have been many injuries and deaths at the Torrey Pines Gliderport. It is a fact that many of those who were injured or died were under the instruction or supervision of the plaintiffs. It is also a fact that people have been bullied, threatened, assaulted, and battered by some of the plaintiffs. It is also a fact that the City of San Diego has failed to provide any meaningful oversight of the Gliderport concession with regard to safety and bullying. There are compelling reasons to bring these issues to the City of San Diego, and there are compelling reasons to show the public that the City of San Diego has failed to act.
The following speeches and posts were all cited as being defamatory according to the plaintiff's Second Amended Complaint ("Causes of Action"). You can decide for yourself if any of these rise to the charge of defamation.
June 7, 2011 (8th Cause of Action)
September 25, 2012 (9th Cause of Action)
March 5, 2013 (10th and 25th Causes of Action)
March 19, 2013 (11th Cause of Action)
April 9, 2013 (12th Cause of Action)
April 23, 2013 (13th Cause of Action)
July 23, 2013 (14th and 26th Causes of Action)
September 10, 2013 (posted on September 21, 2013) (15th Cause of Action)
September 17, 2013 (16th and 27th Causes of Action)
October 22, 2013 (17th Cause of Action)
January 14, 2014 (18th and 28th Causes of Action)
Oct 24, 2014 (4th Cause of Action)
November 10, 2014 (5th Cause of Action)
November 10, 2014 (19th and 29th Causes of Action)
November 10, 2014 (21st Cause of Action)
November 20, 2014 (20th Cause of Action)
March 10, 2015 (22nd Cause of Action)
April 23, 2015 (23rd Cause of Action)
May 4, 2015 (6th and 24th Causes of Action)
May 9, 2015 (3rd Cause of Action)
June 13, 2015 (7th Cause of Action)
In California Superior Court case 37-2015-00015685 (Marien, Jebb, and Air California Adventure v. Kuczewski, Holland, and Does 2 through 20), the complaint (Second Amended Complaint) contains 33 Causes of Action. This post contains the links and videos from those Causes of Action sorted by date.
This topic was created to answer the many questions I've gotten about this law suit. The complaint claims that these statements (below) have defamed Robin Marien, Gabriel Jebb, or Air California Adventure. Ms. Holland and I assert that all of these statements are not defamation because they are either true or expressed as opinions (either explicitly or implicitly).
It is a fact that there have been many injuries and deaths at the Torrey Pines Gliderport. It is a fact that many of those who were injured or died were under the instruction or supervision of the plaintiffs. It is also a fact that people have been bullied, threatened, assaulted, and battered by some of the plaintiffs. It is also a fact that the City of San Diego has failed to provide any meaningful oversight of the Gliderport concession with regard to safety and bullying. There are compelling reasons to bring these issues to the City of San Diego, and there are compelling reasons to show the public that the City of San Diego has failed to act.
The following speeches and posts were all cited as being defamatory according to the plaintiff's Second Amended Complaint ("Causes of Action"). You can decide for yourself if any of these rise to the charge of defamation.
June 7, 2011 (8th Cause of Action)
September 25, 2012 (9th Cause of Action)
March 5, 2013 (10th and 25th Causes of Action)
March 19, 2013 (11th Cause of Action)
April 9, 2013 (12th Cause of Action)
April 23, 2013 (13th Cause of Action)
July 23, 2013 (14th and 26th Causes of Action)
September 10, 2013 (posted on September 21, 2013) (15th Cause of Action)
September 17, 2013 (16th and 27th Causes of Action)
October 22, 2013 (17th Cause of Action)
January 14, 2014 (18th and 28th Causes of Action)
Oct 24, 2014 (4th Cause of Action)
https://ushawks.org/forum/viewtopic.php?f=4&t=1608&p=8396#p8396
Bob Kuczewski wrote:wingspan33 wrote:It looks like you sent a reply to the TV reporter. Bravo! I'm wondering, did you receive a reply?
I was thinking of doing the same. In thinking just now, I would have asked where the reporter got his stats. Perhaps the USHPA? Did the USHPA list only one (US?) PG fatality in 2010?
Here in San Diego, paraglider crashes are often reported by the press as "hang glider" crashes. I wonder where they get that information? Imagine that you're a reporter doing a story on a rescue. Who are you going to call? The only public phone number for the Torrey Pines site is the concessionaire itself. Hmmm.... So why do you think the press might be continually reporting paragliding crashes as "hang gliding" crashes?
November 10, 2014 (5th Cause of Action)
Bob Kuczewski wrote:Last night at this time I was in jail for the crime of taking pictures at Torrey Pines and then standing my ground when I was told to leave the property. Here's the story with excerpts from my video of the entire event.
This particular incident started when I saw Gabriel Jebb (David Jebb's son) giving a paragliding lesson to a group of about 3 students. I was too far to observe many of the details, but I could clearly see that Gabe was demonstrating kiting without a helmet. This is common practice for Gabe and many other Torrey instructors, so I began to document it with my video camera. Here are a few frames from that video:
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For those who may not be familiar with paragliding, it can be quite common - especially in windy or turbulent conditions - to be unexpectedly lifted and/or dropped when kiting a paraglider. So it is always recommended that pilots never attach themselves to a paraglider without first donning a helmet. Yet here is the lead Torrey Pines instructor - Gabriel Jebb - regularly demonstrating the exact opposite to his students.
But I didn't say anything. I was just silently making a video tape of the incident ... until Gabe looked over and realized he'd been caught:
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Now a decent person might be a little embarrassed for having been caught on camera demonstrating poor habits to his students. And a decent person might thank me for pointing this out and put on a helmet right away. But that would be a decent person. Gabe decided the better approach was to attack me, and he took off his harness and began an aggressive approach intended to scare me. I stood my ground:
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When he got close enough, he actually reached up to try to grab my camera:
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Then he proceeded to put his face as close as he could get and butted his chest against me in an attempt to intimidate me:
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At some points, his face was so close that only his nostrils would fit in the frame (all of these frames are unaltered):
[]
About that time, some of the other Torrey thugs joined in the intimidation:
[]
In that last picture, you can see my own reflection while I'm holding my camera ... and standing my ground.
Around that time, Robin Marien (the "concessionaire") decided that he was going to untie my glider and remove it from the property. He had one of his thugs try to block the view of my camera so I couldn't actually photograph him doing it. As you can see, it didn't work very well.
[]
After being pushed, shoved, threatened, and finally my glider being tampered with, I decided it was time to call the police. I didn't think 911 was warranted, and I didn't have the "regular" police number handy, so I called a friend and asked her if she would call in the report ... and she did.
At that point, I think Robin knew he'd gone too far, so he did exactly what David Jebb had done when he'd gone too far ... called the police to report a "different" story. So the police showed up, and Robin fed them a pack of lies about what had happened:
[]
Eventually the police told me that I had to leave. I quoted the Gliderport Lease to them many times that "The public shall not be wholly or permanantly excluded from any portion of the premesis", and I offered to show them that quote from the lease on my cell phone. They declined. I also told them that I had a video of the incident which would clear it up, but they refused to view that as well.
So I told them that I had to break down my glider before I could leave and that would take about 30 minutes. I also told them that I was thinking about whether I should leave or stay to elevate the matter to a court case. I told them that I would be making that decision during those 30 minutes.
Before starting to break down the glider, I called a friend to come down and get my van and valuables in case I decided to go to jail. I then proceeded to break down my glider while the police watched. Here's a picture of the two officers watching while I was breaking down my glider.
[]
My friend arrived just about the time that I tied my glider to the roof of my van. I'd been thinking very long and hard about the choice in front of me. I thought about all the times that David Jebb and Gabe Jebb and Robin Marien had bullied people and threatened them with arrest. I thought about how they've always gotten away with it because everyone in the past (including myself) had always backed down. Then I thought about Rosa Parks. The choice was clear:
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I spent the good part of that evening and into the next morning in jail. It was an extremely unpleasant experience, but I accepted it as the price of justice. Now I have both a video and a court date.
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Update as of February 11th, 2015
I've added the following transcript of the video which was originally released on page 23 of this topic on February 10th, 2015.
====================================================================================================
[Video starts zoomed in]
[Gabe Jebb is kiting without a helmet immediately surrounded by 3 students - all wearing helmets]
[video zooms out and Bob moves closer to compensate for the reduced resolution while remaining out of the ring of students]
Gabe (looking at Bob): Just so you guys know, the guy over there in the white shirt [... unintelligible]
Gabe: First of all [... unintelligible]
Gabe: Pull in a lot of brake [... unintelligible]
[Gabe Inflates his paraglider several times]
Gabe: When you pull ...
Gabe (looking at Bob): Bob you gotta get out of here. I'm trying to instruct right now. I don't need you sitting there.
Bob: Um ...
Gabe: Get out of here.
Bob: You should put a helmet on.
Gabe: Get out of here.
Bob: If you're hooked into a glider you're setting a bad example for your students.
Gabe: I don't need you ... telling me to set a bad example. Now I want you to get out of here so I can focus on the students.
Bob: It's a city park. I'm standing here. I am far enough away. I'm not bothering you Gabe.
Gabe: You are bothering me. Your very presence here is bothering me. You're in the way of my students. You're in the way of the other pilots. You need to leave right now ...
Bob (panning the camera both directions showing an open field): I'm not in the way of anybody.
Gabe: ... before I have the police remove you.
Bob: Have the police remove me because I'm not in the way of anybody Gabe. You've had the police here before and they've said I have a right ...
Gabe: [inaudible ...] you want them again ...
Bob: ... I have a right to document what's going on here.
Gabe: [inaudible ...] you have every right in the world ...
Bob: Call them. Call them.
Gabe: Go do it by your hang glider.
Bob: Call them. Call them.
Gabe: Go do it by your hang glider Bob.
Bob: I'm watching you instructing without a helmet. This is a bad example for the students. You should put a helmet on Gabe.
Gabe (removing his harness): Bob, just get out of here. You're in my way. You're in the field. You're a distraction. You're distracting me from them...
Bob: I'm watching how many paces you have taken ...
[Gabe grabs for the camera and hits it]
Bob: Don't touch ... don't put your hand on me. Don't put your hand on ... You just put your hand on me.
Gabe: Get rid of the camera. I didn't give you permission to video me. Get rid of the camera.
Bob: This is a public place and you know I have a right to videotape anything I want to video.
Gabe: Absolutely. From over there. (begins aggressive chest butting). From over there. From over there.
Bob: You are far too close.
Bob (backing up): Get away from me! Get away from me!!
Gabe (continuing aggressive chest butting): Get the camera out of my face.
Bob: Get the ...?
Gabe: Over there.
Bob: You walked into this camera, and you say “Get the camera out of your face”? What a joke you are. Come walk into it again and say “Get it out of your face”.
Gabe: Get out of here Bob.
Bob: I was standing here. He walks over here ...
Gabe: Bob, Bob, get out of here.
Bob: ... and says “Get the camera out of my face”?
Gabe (slapping at the camera and Bob's hand): Bob, get out of here.
Bob: Don't touch me.
Gabe: Get out of my ...
Bob: You're touching ... you're touching my camera.
Gabe: I'm touching your camera ... I don't need your camera ...
Bob: Yea, we've got you admitting it. You're touching my camera.
Gabe: That's right. Get out of my face Bob. Get out of my face. [shrieking] Bob get out of my face.
(brief silence)
Gabe: Fine. (turns and hits at the camera again)
Bob: Don't touch me. Don't touch me.
Gabe: Get out of here.
Robin (calling out and approaching): Bob. Bob. Put the camera on me. You're harassing people.
Shelby (blue jacket approaching): You're harassing people.
Gabe: You're out of here.
Bob: I am not harassing anybody.
Gabe: Stop harassing me and get the fu** out of here.
Bob: I have a video of the whole thing.
Gabe: Get out of here.
Bob: No. I have a video of the whole thing.
Shelby: You're being a dick.
Bob: I'm standing here watching him kite without a helmet.
Shelby (pointing): Go.
Bob: That's against USHPA regulations.
Robin (approaching): No it's not.
Shelby: It is not.
Bob: Yes it is. Whenever you're hooked into a hang... uh ... paraglider you should have a helmet on and you guys know it.
Gabe (pacing around): There's no regulations against that Bob.
Bob: You know you should have it on.
Gabe (clapping hands): Come on “expert witness”.
Bob: You're setting a very bad example to your students.
Gabe: Tell me about the regulations Mr. Expert.
Shelby: He's just being a dick.
Gabe (approaching): Tell me about the regulations.
Shelby: Just ignore him. Just ignore him.
Gabe (approaching very close): What do you know about regulations?
Bob: I know you that ...
Shelby: He's so scared ...
Bob: ... you should be wearing a helmet if you're standing there.
Gabe: And I know that ...
Shelby: He'll knock you out.
Gabe: ... you shouldn't be intimidating students or myself.
Bob: I'm not intimidating. You're came over here intimidating me.
Gabe: Get out of here.
Bob: I'm standing here.
Gabe: Go stand over there Bob.
Bob: I have ... I have ...
Gabe (making contact): Go stand over there.
Bob: Don't touch me!
Gabe: We don't need you here.
Bob: Don't touch me!!
Gabe: I'm not touching you.
Bob: I have signed in. I have a right to be here.
Shelby: No. Not if you're not flying.
Bob: Call the police then. Call the police ...
Shelby: No. You call the police.
Gabe: (unintelligible)
Bob: ... because the police have said I have a right to stand here, and I have a right to videotape what's going on.
Robin (approaching): Stop harassing my instructors.
Bob: I'm not harassing anybody. I'm not harassing anybody.
Robin: You're harassing my instructors.
Bob: You're a liar.
Robin: bulls***.
Shelby: Get off the field.
Bob: I'm standing here videotaping ...
Shelby: This is an active landing field.
Bob: I'm standing here videotaping the instruction.
Robin: [unintelligible] ... camera.
Shelby: The camera's gonna be somewhere you don't want to be.
Shelby: Just get out. Get out. You're in an active landing area.
Bob: Call the police. Let's not fight here. You call the police. Call the police.
Robin: He's a douchebag.
Bob: Call the police.
Robin: Douchebag.
Shelby: He really is.
Robin: Big douchebag. Go ahead and put that on the City Council Bob. You're a douchebag.
Robin: And City Council, everybody knows it.
Shelby: He's scared to death. He's shaking and s***.
Robin: I know.
Bob: Well you've got three of you guys picking on one guy.
Shelby: Oh, oh. Just you and me. I'm a little guy. Just you and me.
Robin: [unintelligible]
Shelby: I'm a little guy. Hit me.
Bob: Are you threatening me? Are you saying you want to fight?
Shelby: You're saying ... you're acting like three people are threatening you.
Bob: I'm standing here videotaping this and all three of you came up to harass me.
Shelby: I'm an ex law enforcement, and you're way out of line dude. No one said anything...
Bob: Ex law enforcement? Where?
Robin: I'm carrying your hang glider off the property. You're not allowed here anymore.
Shelby: There you go. You've just been 86'ed.
Robin. All you do is come here and harass people. That's all you do.
Shelby: And you're [unintelligible]
Bob: You touch my hang glider and I'm going to call the police.
Shelby: Call them. You tell us to call them. You go call them.
Bob: I will call them right now Robin.
Robin (begins untying Bob's glider): Get your car out of the parking lot ...
Bob: I will call them right now.
Robin: I'm tired of you harassing our instructor staff while they're teaching.
Shelby: Yea, and you're on the landing field without helmets ... [unintelligible]
Bob: Robin you're not authorized to untie my glider. I'm asking you to take your hands off of my glider.
Robin: I'm banning you from the property.
Bob: Take your hands off of my glider.
Robin: No.
Bob: Banning me for what?
Robin: Harassing ... constantly harassing the clients ...
Bob: That's a lie ...
Robin: ... Gabe, us. See ya.
Shelby (obstructing view of Robin untying glider): What's up dude?
Robin: Talk to your lawyer and he'll tell me if you can be back on the property or not.
Bob: I will. I will. Maybe I'll call him right now.
[Camera off target while Bob pulls phone out of pocket and begins to dial a friend to call police]
Shelby (continuing to obstruct view): This is what they do on Black's Beach when when guys are harassing the people that are nude. We just get in your face.
Robin: You make it where people can't teach here 'cause you're constantly harassing ... everybody.
Shelby: What a dick.
Robin: Emails. Everybody with that camera of yours. I watch it.
Bob: I was filming Gabe from as many paces as it took him to get away from me – or to come up to me. And you'll see how many paces that is in the video. And I was not saying a word ...
Shelby: Blah blah blah. You're still being a jerk. You're still trying to pick fights with people.
Robin: [unintelligible]
Shelby: You got right in his face.
Bob: That's a lie. He came right up to me. I have a picture of him walking ... I have a picture of him making the strides. So you're such a liar.
Shelby: Blah Blah Blah. No. You're the liar.
Bob: It's so funny.
Shelby (high pitched voice): You're the liar. What am I? You're a baby.
Bob (calling out to Robin who is walking away from untied glider): Robin, if you leave this glider untied and it blows away ...
Shelby (waving hands in Bob's face): Oh fu** you. Shut up. Just shut up.
Bob: ... Robin if you leave this glider tied up – untied, and it blows away and causes an accident, you're responsible.
Bob (to Shelby): And I don't know who the hell you are, but you're really ...
Shelby: What? What? What? What am I? Come on. Get mad. Hit me.
Bob: ... really ...
Shelby: You've already threatened me over there.
Bob: I didn't hit you.
Shelby: Yea you did.
Bob (finally getting a response from phone call): Hello. Hey, um, I've got a problem here at the Gliderport. Um, Robin has actually taken my glider and untied it....
Shelby: No no no. No one has touched your stuff. No no no.
Bob (to Shelby): You're the liar. I have a picture of it.
Shelby: You're the liar. You've threatened three instructors.
Bob (to phone): He's untied it and he says he's throwing me out. And he's actually untied my glider and untied it. Would you please call the police and ask them to come here? Please? Right now?
Shelby: They asked you to leave the premises sir.
Bob: ... I wouldn't do 911 ...
Shelby: ... Sir, they asked you to leave the premises ...
Bob: ... but just, but just call the regular number and say that there's a problem at the Gliderport.
Shelby: You're in an unauthorized area.
Bob: Someone's being threatened...
Shelby: Sir you need to get off.
Bob: ... I have a video of it all ...
Shelby: You need to get off the premises.
Bob: That would be super. Thank you very much. Bye.
Shelby: What? What?
Bob: No comment.
Bob: Gabe is still down there kiting without a helmet ...
Shelby: He can do whatever he wants. He's a [unintelligible] instructor.
Bob: ... and my ...
Shelby (walking away): [unintelligible]
Bob: I would like my glider retied.
Shelby (making a “crazy” sign): Coo Coo, Coo Coo. You're really Coo Coo.
Bob: I'm going to retie it.
[Video turned off]
November 10, 2014 (19th and 29th Causes of Action)
November 10, 2014 (21st Cause of Action)
November 20, 2014 (20th Cause of Action)
https://ushawks.org/forum/viewtopic.php?f=2&t=1629&p=8617#p8617
Bob Kuczewski wrote:Yesterday I went with a friend to the local police station to file a police report for assault and battery and false arrest.
Brace yourself. The San Diego police refused - REFUSED - to take the report. How can it be that citizens cannot even FILE a police report?
Of course, let's not forget that the report would implicate Gabriel Jebb - the son of former San Diego police officer David Jebb.
March 10, 2015 (22nd Cause of Action)
https://ushawks.org/forum/viewtopic.php?f=2&t=1629&p=10758#p10758
https://ushawks.org/forum/viewtopic.php ... 300#p10725
https://youtu.be/r0kkaRixCFY
https://ushawks.org/forum/viewtopic.php ... 300#p10725
https://youtu.be/r0kkaRixCFY
April 23, 2015 (23rd Cause of Action)
http://ozreport.com/forum/viewtopic.php?p=138998#p138998
by Bob Hawk »Eric J wrote:As to the question of whether Bob asked Jack to commit voter fraud? I am pretty convinced at this point that that is complete hyperbole on Jacks part. Those who back up Jacks point of view, get to stay on Jacks site, and that includes some bullies.
Thanks for that analysis Eric. I always appreciate when people do their own thinking and come to their own conclusions. Thanks very much for your clear understanding of the "voter fraud" situation.
Regarding the term "bullying", I knew a very nice female paragliding pilot who wrote to me saying:
"When David or Gabe Jebb bullied me, I let it go because I knew that they bullied most everyone, but when it came from pilots whom I thought were my friends, it devastated me."
She ended up taking her own life.
That got me to thinking about what bullying really is, and I think it must always involve an element of superior power vested with the person doing the bullying. In the case of forums, the person who controls the "ban button" always has that power.
When I initiated the HGAA, I wanted to distribute that power to a group of us to keep it from being so centralized. Unfortunately, the actual control was still in the hands of one person (you guessed it ... Jack Axaopoulos "volunteered" to set up a site for us), and that effort only lasted a few months until it imploded.
I learned a lot from that, and we're trying to do a better job with the US Hawks (http://ushawks.org). So far, we've got a Board of Directors consisting of 5 good people from around the country, and we're slowly growing our membership. I still retain veto authority over the Board at this time, but we're working toward removing (or at least reducing) my power there as well.
What just happened at the USHPA Expulsion hearing reminds me that in addition to an elected Board, we're going to need a "Bill of Rights" to keep a corrupted Board from abusing the rights of our pilots. It's starting to sound like a rehash of the founding of our country ... and it probably is. The fundamentals behind governance and justice are probably similar across many situations.
It's been a long day, and I've just been expelled from USHPA, so I'm going to sign off for the night.
Davis, I am curious about the status of this topic and my own status on this forum. I would appreciate a little time to collect this topic as history before it's deleted or locked down again and before I'm re-banned. What are your thoughts on that topic.
Good night.
May 4, 2015 (6th and 24th Causes of Action)
https://ushawks.org/forum/viewtopic.php?f=4&t=1471&p=11745#p11745
Bob Kuczewski wrote:The intimidation against speaking up at Torrey is strong, and I get a fair amount of information from anonymous sources or from people who wish to remain anonymous.
Here's a message and photo I got yesterday:Anonymous wrote:This is what you're up against.
Robin and Jebb were at the mafia table having lunch.
Robin drives away with David Jebb, in a Red Corvette ... The Godfather.
- Jebb20150503rs.jpeg (59.26 KiB) Viewed 838 times
May 9, 2015 (3rd Cause of Action)
https://ushawks.org/forum/viewtopic.php?f=27&t=1505&p=11823#p11823
eagle wrote:The Torrey Pines Ridge RATS ~ Well Known for posing as pilots while travelling the World.
The DEA, the Narcotics Department, and Homeland Security have been caught with there Pants Down, Hence there poor attitude.
Bashing their Own organisation and tolerating there Own Corruption.
The dealers operate right under there noses and are Laughing and Bragging About it.
Makes the entire Torrey Pines Gliderport look like fools at the risk of everyone's Lives.
We the People have Known about it for Years
~ They're above the Law and Yet still CRIMINALS ~
- Gay Cop's.jpg (18.2 KiB) Viewed 840 times
June 13, 2015 (7th Cause of Action)
https://ushawks.org/forum/viewtopic.php?f=2&t=1929
Bob Kuczewski wrote:There have been numerous reports of paragliding being used as a "poor man's air force" for both legal and illegal purposes. Uses include drug smuggling, surveillance, and law enforcement.
It's been long suspected that segments of the paragliding community are involved with some of these legal and/or illegal aspects of the sport. This has particular relevance to hang gliding since it may explain why the sport of paragliding seems to have a "protected" status at places like Torrey Pines and USHPA.
This topic is a place to discuss these issues, and it was prompted by the recent post by Eagle containing these photos:
- Paraglider_gun_2.jpg (17.63 KiB) Viewed 840 times
- Paraglider_gun_1.jpg (27.09 KiB) Viewed 840 times