Violent Confrontation with USHPA Chapter Officer

South Central New York Hang Glider Pilots' Association

Re: Violent Confrontation with USHPA Chapter Officer

Postby Bob Kuczewski » Wed Jul 17, 2019 7:23 pm

dhmartens wrote:My take on the issue is ushpa black listed you ...


Bingo. Guess what appeared in the San Diego Reader today:

Thom Senzee for the S.D. Reader wrote:More than one pilot critical of the current gliderport operator said they think changes need to happen at the site, but were unwilling to share critical opinions on the record about how the facility is operated by Jebb’s employer, lest they be “put on the blacklist with Bob K.”
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Re: Violent Confrontation with USHPA Chapter Officer

Postby JoeF » Wed Jul 17, 2019 7:33 pm

dhmartens wrote:I will have more later.


Most interested! :!:

=============================
About Bob's note: :arrow: SeeHere for article in San Diego Reader
Is self-regulation working at Torrey Pines Gliderport?
San Diego’s paragliding community continues to reel from the loss of two people many considered friends.
By Thom Senzee, July 17, 2019



PS: I sent a note to the SDR to spell your name correctly, Bob.
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Re: Violent Confrontation with USHPA Chapter Officer

Postby Bob Kuczewski » Wed Jul 17, 2019 11:00 pm

JoeF wrote:PS: I sent a note to the SDR to spell your name correctly, Bob.

Once an Olympian   ...   always an Olympian.

Once an Editor   ...   always an Editor.

Thanks for your Eagle-Eye watchfulness over us all!      :salute:
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Re: Violent Confrontation with USHPA Chapter Officer

Postby Bill Cummings » Thu Jul 18, 2019 7:04 am

“The common law tort of false imprisonment is defined as an unlawful restraint of an individual’s
personal liberty or freedom of movement. In order to constitute the wrong it is not necessary
that the individual be actually confined or assaulted.

It is to be noted that, there is no necessity in a false imprisonment case to prove that a person used
physical violence or laid hands on another person. It is sufficient to show that at any time or place
the person in any manner deprived another person of his/her liberty without sufficient legal authority.”


Use registered mail (return receipt) to Rick Brown, the local flying club, and USHPA a copy of the quote above.
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Re: Violent Confrontation with USHPA Chapter Officer

Postby wingspan33 » Sun Jul 21, 2019 6:24 am

Bill Cummings wrote:
“The common law tort of false imprisonment is . . . ”


Use registered mail (return receipt) to Rick Brown, the local flying club, and USHPA a copy of the quote above.


Bill, Thanks for the comment. The problem is I haven't got the different party's addresses (except the USHPA). Hard to mail stuff without the addresses. :eh: Also, one person involved, I only remember their first name. But I'm often surprised at what can be found on the internet.
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Re: Violent Meeting With the Ground

Postby Bob Kuczewski » Wed Jul 24, 2019 11:49 pm

wingspan33 wrote:
Yesterday would have been my first flight in July. Unfortunately I was prevented from flying by more than one club officer of Rochester Area Flyers.


I just want to post my official advice on this situation ...

  1. Join USHPA
  2. Join RAF
  3. Fly

Scott, you've been a hero for as long as I've known you. There's no one who has stood up to bullies like you have. You will have the rest of your life to deal with those rotten clubs. But your time to fly is growing ever shorter. Don't let those rotten people take one more minute of flying from you. Join their rotten clubs. Pay their rotten extortion. Then run for office every year and make them wish they'd found a better solution for you.
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Re: Violent Confrontation with USHPA Chapter Officer

Postby dhmartens » Thu Jul 25, 2019 11:33 am

I am reading about NY state castle (stand your ground) and firearms laws.
http://statelaws.findlaw.com/new-york-l ... -laws.html
you have no duty to retreat.

Use verbal warning that they will be incapacitated if they attempt to assault you.

Thats how we solved problems in Nebraska.

Note $215 dollars a year for RAF and Ushpa is cheaper and less stressful.
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Re: Violent Confrontation with USHPA Chapter Officer

Postby wingspan33 » Fri Jul 26, 2019 1:08 pm

D H,

I just took a look at NYS's Castle Law. It directly involves the protection of your home/casa. There was no home involved so my duty to "retreat" from a dangerous person becomes the best legal course. And law enforcement explained to me that verbal threats become a "he said she said" situation. They didn't seem to pay any attention to me having video recorded most of the conflict - which is evidence of what he and she said to me.

As far as your and Bob's advice to join U$hPa (and RAF). The price tag would actually be $210 ($150+$60). However, I have very little disposable income and paying such fees would negatively effect my financial situation/condition.

However, there is a law in New York State called Coercion in the second degree.

A person is guilty of coercion in the second degree when he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he or she has a legal right to engage, or compels or induces a person to join a group, [or] organization or criminal enterprise which such latter person has a right to abstain from joining, by means of instilling in him or her a fear that, if the demand is not complied with, the actor or another will:

1. Cause physical injury to a person;  or
2. Cause damage to property;  or
3. Engage in other conduct constituting a crime;  or
4. Accuse some person of a crime or cause criminal charges to be instituted against him or her;  or
5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;  or
6. Cause a strike, boycott or other collective labor group action injurious to some person's business;  except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;  or
7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;  or
8. Use or abuse his or her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely;  or
9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.

Coercion in the second degree is a class A misdemeanor.



On the day this conflict occurred I had permission from the land owner to be on and launch from his property. The Rochester U$hPa Chapter (RAF) also had permission to be there.

BUT, due to U$hPa's site insurance "requirements" RAF members compelled and induced me to abstain from engaging in conduct (setting up and launching my hang glider) in which I had a legal right to engage. They did so by threatening to stop me from flying using bodily force if necessary. In addition to that, they compelled and induced me to join a group, [or] organization (the U$hPa and RAF) which I had a right to abstain from joining, by means of instilling in me a fear that, if the demand was not complied with, members of RAF or another would:
1. Cause physical injury to me, or
2. Cause damage to my property;  (like my $400 camera or glider) or
3. Engage in other conduct constituting a crime
. . .
5. Cause a NYS Trooper to publicize an asserted fact (i.e., call the land owner and tell him I tried to get Rick Brown arrested - AFTER this same State trooper told me no legal action would be taken against Rick Brown), whether true or false, tending to subject me to hatred, contempt or ridicule;*  or

* In deed, the land owner has since told me I am not allowed on his property - Why? Because he's my best pal, has respect for me, and always says nice things about me? No. Because the land owner now falls in the opposite direction - toward hatred and contempt at the very least.
. . .
9. Perform any other act which would not in itself materially benefit RAF or the U$hPa but which is calculated to harm me materially with respect to my health, safety, . . . calling, . . . financial condition, reputation or personal relationships.

Oddly enough both you DH, and Bob are both trying to "induce me" (in the nicest way) to join the U$hPa and RAF because you know that I may suffer some disadvantage, associated with my ability to fly, if I don't do so. This is where ". . . or another will:" comes into play.

In fact, RAF's illegal acts, as I have reported here, are acting to coerce not only me but two other people (who I would and do consider to be friends or, at least, friendly) to join a group and/or organization that I have no legal requirement to join.

In talking with Bob he's expressed frustration with me for not taking the "best" course of action - that being to join the U$hPa and RAF. I myself am frustrated with Bob for not understanding my position in not doing so. My personal relationship with Bob and perhaps other members of the US Hawks is being harmed by the actions of Richard Brown, Katrin Parsiegla and Moritz Wagner, each leading members of Rochester Area Flyers. I am suffering further harm by way of the inaction and/or ineffective action connected with a number of U$hPa personnel.

This criminal statute fits EXACTLY with events that took place on Sunday, 7/14/19 . A Sargent at the local State Trooper's barracks (who's told me he's in command there) has seen the relevance of the above statute (that I only stumbled on a couple days ago) and has advised me to speak directly with the local DA's office so the situation can't be mistakenly or erroneously minimized to where it might not be pursued.
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Re: Violent Confrontation with USHPA Chapter Officer

Postby dhmartens » Fri Jul 26, 2019 2:12 pm

It is still $199 for a lawfirm to send a cease and desist letter to RAF so their BOD would have no choice then to back off.
Other than that a homemade crossbow and or forwarding this text issue to Rudy Giuliani who knows exactly what you are going through.
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Re: Violent Confrontation with USHPA Chapter Officer

Postby wingspan33 » Fri Jul 26, 2019 5:25 pm

dhmartens wrote:It is still $199 for a law firm to send a cease and desist letter to RAF so their BOD would have no choice then to back off.
Other than that a homemade crossbow and or forwarding this text issue to Rudy Giuliani who knows exactly what you are going through.


No home made crossbows please. A legal venue is powerful enough. Each person involved owns a home and risked losing it as the events of 7/14/19 unfolded.

Not everyone knows this but I'm my own lawyer. :shh: I once filed a civil complaint in our local Federal Court acting Pro Se (as my own lawyer). The other side, with a top law firm, caved and settled before the trial could even begin. After the settlement, the other side's attorney gave me her card and told me "If you ever need legal help call me." :shock: :thumbup:

And interestingly, there's a NYS law that allows a kind of "Stay Away" order to be in place. It fits this problem also and involves stalking. If you "clearly inform" someone to not communicate with or make contact with you, then if they do (and you can prove they did just that) then you can have them arrested. Typically it's used by someone who wants an X to leave them alone. But one guy may threaten another guy (for 1 in a million reasons) and the person who was threatened can send a message to not make contact or attempt to communicate.

I don't really have to worry about contact happening at the flying site because the land owner was coerced into revoking my permission to be on his property. The land owner is happy and RAF is happy, but I'm not. I don't threaten violence like the thugs in RAF, I'll use the law. And NO ONE should think I'll take any action against the land owner! This should have always stayed between me and RAF by way of rational discussion - not physical threats. Although I will admit that I felt compelled on 7/14 to inform the land owner about the threatening behavior of Richard Brown. His response was "He has no authority to say that!" (i.e., that I couldn't fly from the land owner's property).

Enough for now. I expect that one or more RAF member are keeping track of what goes on here. But they could also not give a hoot. :lolno:
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