US federal judge declares boating illegal in all US navigable waters

International Boat Industry ^ | 091406 | IBI Magazine

[AdAstraPerArdua]

In a rather bizarre ruling that has marine industry officials worried, Judge Robert G. James of the United States District Court, Western Division of Louisiana, has said that it is criminal trespass for the American boating public to boat, fish, or hunt on the Mississippi River and other navigable waters in the US.

In the case of Normal Parm v. Sheriff Mark Shumate, James ruled that federal law grants exclusive and private control over the waters of the river, outside the main shipping channel, to riparian landowners. The shallows of the navigable waters are no longer open to the public. That, in effect, makes boating illegal across most of the country.

"Even though this action seems like a horrible pre-April fools joke, it is very serious," said Phil Keeter, MRAA president, in a statement. "Because essentially all the waters and waterways of our country are considered navigable in the US law, this ruling declares recreational boating, water skiing, fishing, waterfowl hunting, and fishing tournaments to be illegal and the public subject to jail sentences for recreating with their families."

Last month, James rejected the findings of the Magistrate judge who found earlier that the American public had the right under federal law and Louisiana law to navigate, boat, fish, and hunt on the waters of the Mississippi river up to the normal high water line of the river. Judge James Kirk relied on the long established federal principles of navigation that recognized the public navigational rights "…entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common."

"MRAA is working with the Coast Guard, state boating law administrators, and NMMA to fight this onerous ruling," said Glen Mazzella, MRAA chairman, in the statement.

[AdAstraPerArdua]

I was going to buy a new boat, but I'm not sure now! :(

[Fighting Irish]

The nightmare continues......

[Prince Charles]

A Carter or a Clintoon judge?

[cripplecreek]

Somehow I doubt I'll face arrest for taking my boat out on the lake.

[Gay State Conservative]

The Clintons,Kerrys and Cronkites are OUTRAGED! No more yachting off of Martha's Vineyard?

[P-Marlowe]

Ok Judge, you've made your ruling. Now try to enforce it.

[DoughtyOne]

I won't write here what should happen to judges like this, but I can think it.

The judiciary in this nation is going nuts.

[getsoutalive]

Ping for later......this is unbelievable.

[DoughtyOne]

The problem is, those whose responsibility it is to enforce the laws on the books, are required to enforce this ruling. This places law enforcement agencies in an untenable situation.

[Racer1]

Think of all the gas it will save.

[P-Marlowe]

James, Robert Gillespie

Born 1946 in Ruston, LA

Federal Judicial Service:
Judge, U. S. District Court, Western District of Louisiana
Nominated by William J. Clinton on January 27, 1998, to a seat vacated by John M. Shaw; Confirmed by the Senate on July 31, 1998, and received commission on August 3, 1998.

Education:
Louisiana Tech University, B.A., 1968

Louisiana State University Law School, J.D., 1971

Professional Career:
Private practice, Ruston, Louisiana, 1971-1998
Business law instructor, Louisiana Tech University, 1992-1998
Judge, Ruston City Court, Louisiana, 1985-1998


Race or Ethnicity: White

Gender: Male

[Robe]

FYI:

Judge James Robertson

Judge Robertson was appointed United States District Judge in
December 1994. He graduated from Princeton University in 1959
and received an LL.B. from George Washington University Law School
in 1965 after serving in the U.S. Navy.

[FreedomPoster]

>>A Carter or a Clintoon judge?

"In 1998, the vacancy created by the assumption of senior status of Judge Shaw was filled by Robert G. James. Judge James serves as a district judge in the Monroe Division at this time."

That would be the 'Toon.

From here:

http://www.lawd.uscourts.gov/USDC/WDLAHIST-06.html

[Liberty Valance]

I think I just heard Huckleberry Finn laugh out loud.

[Centurion2000]

In a rather bizarre ruling that has marine industry officials worried, Judge Robert G. James of the United States District Court, Western Division of Louisiana, has said that it is criminal trespass for the American boating public to boat, fish, or hunt on the Mississippi River and other navigable waters in the US.

Who's going to enfore this again?

[P-Marlowe]

The problem is, those whose responsibility it is to enforce the laws on the books, are required to enforce this ruling. This places law enforcement agencies in an untenable situation.

No they are not. We don't enforce immigration laws.

[Diddle E. Squat]

A Clinton appointee, 1998:

http://tinyurl.com/mwbkz

[reagan_fanatic]

Sometimes I feel like I'm living in an alternative universe. This is insane.

[Liberal Classic]

[AdAstraPerArdua]

I didn't know 'White' was a race or an ethnicity! I thought it was a color!

Surely you can be of many different races and ethnicities and still be white?

[bmwcyle]

Buy and boat and several guns.

[P-Marlowe]

You've got the wrong judge.

[DustyMoment]

Judge Robert G. James of the United States District Court, Western Division of Louisiana

I question that he has the authority to make such a ruling and I challenge him to find enough law enforcement officers who will enforce it.

However, the next time Lousyana floods, I hope he won't be relying on anyone with a boat to rescue his dumb butt - don't wanna break his law, doncha know.

Maybe Nagin will send him a school bus . . . . . . .

[freepatriot32]

I got a couple of bags of feathers. Anyone out there got any tar?

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

[DoughtyOne]

LMAO...

Yes, that is true, but the powers that be haven't called them on the carpet for it. If this judge decides to do so, he can make things very difficult for agencies that don't abide by this ruling.

[Prince Charles]

Yes, he's been bought and paid for from the first:

"... Judge James Robertson, who dismissed tax evasion charges against Webster Hubbell, is the same judge who recently threw out several charges against two Tyson Food officials indicted by independent counsel Don Smaltz. The pair were convicted on the remaining charges after a two-hour jury deliberation."

[groovejedi]

Another idiot judeg, what the heck was he thinking????

[JamesP81]

Judge James Kirk....

I swear you can't make this crap up.

[Edgerunner]

Is it still ok to drive on the roads? Whenever you hear of this kind of lunacy you will find a liberal at the center of the absurdity.

[AdAstraPerArdua]

I could buy this and put the guns back on:

http://www.noblemarine.co.uk/boatsforsale/boat/11360/

[Prince Charles]

Another tidbit about this Bush hater:

"A US federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest at President George W. Bush's secret authorization of a domestic spying program, according to a Washington Post story. US District Judge James Robertson, a member of the secret Foreign Intelligence Surveillance Court, sent a letter to Chief Justice John Roberts late last Monday notifying him of his resignation without providing an explanation, the report said."

[basil]

Somehow I doubt I'll face arrest for taking my boat out on the lake.

That would depend on which lake you are talking about. Certainly the Great Lakes are navigable, as are other large lakes around the country.

[MindBender26]

Traditionally, a landowners rights extended to either the mean high water or mean low water mark, and that varied from state to state.

Does this mean that ocean beachfront property owners rights include all the beach in front of their homes that are not already public property. In fact, does this mean that they own out to the 3, 12 or 200 mile limit?

Does this mean that I own the airspace above my home and that to fly in any airspace off a federal airway, the pilot flying over my house must have my permission?

[Dustbunny]

Geeze, what a stupid ruling.

[Wallace T.]

Has this story been reported anywhere else but this source. This decision is loony even by liberal standards.

[pabianice]

Welcome, boating friends, to the world we in general avaition have been living for the past 40 years.

http://www.aopa.org

[DoughtyOne]

He's probably a diciple of the River Navigators program, set up by the dufus from Hope.

[ichabod1]

But is it James "T" Kirk.

[Red Badger]

Well, at least AIR is still free...............for a while, anyway........

[Robert A. Cook, PE]

?

So, who annointed (er, appointed) THIS idiot?

[ichabod1]

Whenever you hear of this kind of lunacy you will find a liberal at the center of the absurdity.

But of course. Deconstructionist Theory requires it.

[P-Marlowe]

If this judge decides to do so, he can make things very difficult for agencies that don't abide by this ruling.

Judges have no power to enforce the law. Only the executive branch has that power. All the judge can do is bluster. This is a stupid decision. He is a stupid judge. He's a Clintoon appointee. What else needs to be said.

Now if we can just show all the boat owners in the world what will happen to them if they vote democratic, the republicans may hold 400 seats in the house in January.

[divine_moment_of_facts]

To quote Bob Grant.. "It's sick out there and getting sicker!"

[freepatriot32]

Believe it or not this story is not from the onion or scrappleface.com it did come from the judges home planet of bizzaro world though.

Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.

[capt. norm]

They are about to tangle with a very large group with a lot of bucks.

More money is spent on boating and fishing than any other sport....and nothing else even comes close.

[RightWhale]

Private vehicles on the public highways are also merely tolerated. For the time being.

[Sam Cree]

Of interest.

[hedgetrimmer]

Unbelieveable.

[Obie Wan]

My suggestion ignore the ruling. If everybody who now boats on the Miss. river and other open waters continue to do their thing what are they going to do ? fine everybody, so don't pay the fines, throw you in jail ? yeah right their going to put 10 million people in jail for recreational boating on an open water way.If people continue to let reckless government rulings like this one stand, get used to having personal freedoms taken away one by one !!!