Over the last several years, there have been a couple of threads from NY kiters whining about the Office of Parks arbitrarily banning kiting. So far as I know, their only approach so far has been to whine and brownnose with no success whatsoever.
As many of you know, I tend to advocate a more aggressive approach where the PRIMARY goal is to undermine any contention that any ban is LEGAL.
There is an article at http://www.courthousenews.com/2013/10/14/61989.htm
that discusses a current NY court ruling that the state Office of Parks exceeded its authority
by banning smoking at parks.
It is likely that documents in the case not only argue what authority and/or limits to the OoP’s authority exist, but also that they state EXACTLY where the supporting case law etc. can be found.
By being able to present a cognizant argument in support of allowing kiting with intelligent reference to DETAILED legal authority (whether actually binding or not), ANY authority is much less likely to automatically brush off the complaints. At the very least, they will get a CLEAR idea that fighting about will be a LOT MORE WORK than usual.
Once they decide that fighting is MORE WORK, they often develop a strange tendency to want to be MORE COOPERATIVE and coincidentally do LESS WORK.
Here is an excerpt from the article: [Emphasis added]
" Its rules banned
outdoor smoking at more than 200 parks, recreational facilities and historic sites under the agency's jurisdiction, including a handful of state parks in New York City
The agency said that the state Legislature had given a "broad grant of authority to State Parks to manage and operate its facilities to protect public health, safety and welfare," according to the plan for the rules published in the State Register.
CLASH, though, saw the regulations as usurping the Legislature's role as rulemaker
and cited the landmark 1987 Court of Appeals decision in Boreali v. Axelrod
on the constitutional separation of powers.
Ceresia, in a nine-page decision dated Oct. 8, agreed."
Malibu Kitesurfing - since 2002
(310) - 430 - KITE (5483)