tonycondon
Gastons CRO (Chief Dinner Reservation Officer)
That would probably just serve to get his medical yanked. Heh..
Sent from my Nexus 7 using Tapatalk HD
he flies gliders...
That would probably just serve to get his medical yanked. Heh..
Sent from my Nexus 7 using Tapatalk HD
he flies gliders...
Define " helped the pilot out "............
The attorney Frank Reid had found represented Fleming for the breach of peace charge, but Fleming sought additional assistance from an attorney familiar with aviation through AOPA’s Legal Services Plan/Pilot Protection Services. John Hodge, an attorney and 17,000-hour pilot who has flown gliders, provided aviation-related information under the plan’s 20 hours allotted for local law enforcement issues.
Something like that was attempted shortly after 9/11. I forget the details, but restrictions were placed on any flight within a specific distance and altitude above a nuke. This raised the question, "Where are the nukes?" The answer, "For security reasons we can't tell you." It was pointed out that knowing where they are was required information if they were to be avoided, and the restriction soon vanished.
Wait, what case should AOPA take pro bono? The criminal defense case? the Federal 1983 case? Look I think most any person pilot or not with any sense of justice is outraged by the actions of the Darlington County Sheriff but I think you need to take a step back for a second and evaluate the situation a bit closer.
1) The glider pilot resolved the criminal matter and of his own accord agreed not to sue the Sheriff or the county. That was his decision with the advice of counsel. Who the hell is anyone at AOPA to jump in and direct him to do otherwise?
2)Everyone here can beat their chests and say ah if that were me I'd never settle. "Make them try me for breaching the peace I'm gonna sue their ass off" The pilot apparently wanted this over with. My understanding is that he is not a US Citizen. Perhaps he was concerned regarding the immigration ramifications of a potential conviction. Has anyone thought of that? Also who is to say that a Darlington County Judge or Jury would not be made up of the same ingorant people from the sheriff's dept that demanded he land or they will shoot him down. Because lord knows there have never been any Narrow minded judges or half brained jurors that sit in judgement of others right? Did you read some of the initial comments from the Darlington County Citizenery supporting the sheriff? Like the one that said " Any idiot knows that a Nuclear power plant is a No Fly Zone"
3) AOPA has no individual standing in this matter but I suspect that had the glider pilot decided to fight AOPA would have at the very least filed an Amicus Brief in his support. I'd bet donations to his legal defense fund would have been substantial. AOPA bought it to the attention of all pilots and not in an insignficant manner. For heaven's sake as a result of AOPA publishing it the DCSO shut down their facebook page!
4) My guess is AOPA legal staff knows the way to resolve this matter is to quietly educate the DCSO. Face it the DCSO has publicly dug its heels in and they are never going to admit fault so what would you rather have them admit fault or just not do it again?
Wait, what case should AOPA take pro bono? The criminal defense case? the Federal 1983 case? Look I think most any person pilot or not with any sense of justice is outraged by the actions of the Darlington County Sheriff but I think you need to take a step back for a second and evaluate the situation a bit closer.
1) The glider pilot resolved the criminal matter and of his own accord agreed not to sue the Sheriff or the county. That was his decision with the advice of counsel. Who the hell is anyone at AOPA to jump in and direct him to do otherwise?
You couldn't make my case any better. Without a serious team behind him, Mr. Fleming made the only decision most people would make in the same situation. He backed down and let the law trample him. I don't blame him for ALL the reasons you just posted and if I were in his same situation, I would probably be upset but do the same thing. For ALL the reasons you just listed. On the other hand, if AOPA offered to step to the plate with/for him with all the resources they could muster, he might very well choose a different path. Maybe he wouldn't, but I'm DISGUSTED with AOPA that they didn't give him that opportunity. This case is the poster child for all that is wrong in America. He follows the laws to the LETTER and is jailed ... then our advocacy group does nothing.2)Everyone here can beat their chests and say ah if that were me I'd never settle. "Make them try me for breaching the peace I'm gonna sue their ass off" The pilot apparently wanted this over with. My understanding is that he is not a US Citizen. Perhaps he was concerned regarding the immigration ramifications of a potential conviction. Has anyone thought of that? Also who is to say that a Darlington County Judge or Jury would not be made up of the same ingorant people from the sheriff's dept that demanded he land or they will shoot him down. Because lord knows there have never been any Narrow minded judges or half brained jurors that sit in judgement of others right? Did you read some of the initial comments from the Darlington County Citizenery supporting the sheriff? Like the one that said " Any idiot knows that a Nuclear power plant is a No Fly Zone"
3) AOPA has no individual standing in this matter but I suspect that had the glider pilot decided to fight AOPA would have at the very least filed an Amicus Brief in his support. I'd bet donations to his legal defense fund would have been substantial. AOPA bought it to the attention of all pilots and not in an insignficant manner. For heaven's sake as a result of AOPA publishing it the DCSO shut down their facebook page!
4) My guess is AOPA legal staff knows the way to resolve this matter is to quietly educate the DCSO. Face it the DCSO has publicly dug its heels in and they are never going to admit fault so what would you rather have them admit fault or just not do it again?
I find your outrage kind of odd. Do you really think for $50 that the AOPA should come charging out of Fredrick and jump uninvited right into the middle of any member's altercation with the cops? And by what system of intelligence gathering could the AOPA even have found out about the incident before the pilot was out of jail and the charges dropped?
The AOPA did publicize this incident once they found about it, and the AOPA legal plan helped the pilot out.
Let's punish one of the two organizations that actively supports General Aviation because they didn't hurl a thunderbolt at the local Barney Fifes.
What could go wrong?
I guess I'd like to see a serious civil suit. I'd like to see this go as far as possible until Mr. Fleming wins. I'd like the county to be sued for every penny they have. THEN, I'd like to see AOPA start an education campaign using Darlington county as a case study ... "Sherriff Fife, you really need to be careful. The Darlington County Sherriff's office made this mistake and was sued for $X million."
In the end, I don't feel like I'm punishing an organization. I feel like I'm choosing to no longer send money to an organization that does not meet its own mission statement to "preserve the freedom to fly by advocating on behalf of our members".
They have no standing to sue. The aggrieved party who does opted to waive his right to sue to get this behind him.
You don't like the AOPA. That's fine. Most of us appreciate what they do and what we get for $45 a year. Personally, I'm thrilled they have a jet and whatever else they need/want to keep going. I get my money's worth. Why do I care how they spend theirs?
What other organization contacted DHS and other agencies to rattle their cages on this? As far as I can tell AOPA was the only one.
I have NEVER said they have any standing to sue. I've said they should stand by Mr. Fleming. I also believe he made the only decision that made sense sitting in a jail ... get me out. Now it is time for AOPA to support him. Maybe he wants to take a second crack at Barney now that he has some support. Maybe he doesn't. That is up to him. What is up to me is to stop supporting an organization that doesn't "preserve the freedom to fly by advocating on behalf of our members."
You can keep paying for their jet, seems to make you happy ... to each his own. I'm just sharing my disappointment with the organization in the hopes that by griping here, maybe AOPA will react. I know they won't when I contact them ... well, maybe I'll find out in a few weeks when they get back to me.
I have NEVER said they have any standing to sue. I've said they should stand by Mr. Fleming.
I still can't for the life of me figure what the heck you expect them to do? The man agreed to his deal....you just don't say, "Gee....I've changed my mind." It's done. It's over. Get over it!
Since you can't for the life of you life of you figure out what I'm saying, you clearly have a limited ability to read ... I'll try typing slowly. I said, in post 9I find AOPA has done exactly what is appropriate in this case. If you want to make some bigger point, go loiter over a nuclear plant for a few hours and then take it all the way to the Supreme Court if you wish. Sniveling here about some perceived lack of machismo on AOPA's part is pretty pointless.
"AOPA should take this case pro-bono. They should send an entire TEAM of AOPA attorneys down to discuss options with Mr. Fleming and encourage him, with their full backing, to take a stand against such behavior."
So, now typing REALLY slowly, I expect AOPA to contact Mr. Fleming, tell him the obvious ... that what happened to him is an affront to ALL pilots. I expect AOPA to ask Mr. Fleming what legal support he would like the AOPA to provide. Is he happy with the settlement made under duress? Would he like to sit down with a few top lawyers to discuss his options after being coerced to sign away his rights?
And you know that has not happened because....
wow, racist much?
"AOPA should take this case pro-bono. They should send an entire TEAM of AOPA attorneys down to discuss options with Mr. Fleming and encourage him, with their full backing, to take a stand against such behavior."
....
@Iflyforfun, Look I share your outrage, I really do I mean not since Da Mayor bulldozed Meigs have I seen such contempt and disregard for the law, aviation and civil rights.
I think however that your assuming a few things including that AOPA was not in communication with the glder pilot and that he wasn't advised of his options by his counsel including the option to go public and enlist the support of others. That very well could have happened. Perhaps it didn't but I have not seen information that it has.
You have suggested that AOPA should have been jetting down there with a legal team to advise him of his options...
I disagree with your assesement of the ease of going back on his agreement with the county and filing suit but again thats his decision.
...
Look, at least we can agree to be outraged at the DCSO.
Well, since you started with the "sniveling" insults, I'll play that game. I'm complaining, but you're not too terribly bright. It is only over if Mr. Fleming wants it to be over. A good lawyer could make the DCSO pretty miserable over this. It would not be a terribly difficult case to make that he agreed to not sue the DCSO under duress. That said, unless Mr. Fleming is independently wealthy, such a fight is fraught with personal risk. The math changes if you have AOPA behind you.
Since you can't for the life of you life of you figure out what I'm saying, you clearly have a limited ability to read ... I'll try typing slowly. I said, in post 9
"AOPA should take this case pro-bono. They should send an entire TEAM of AOPA attorneys down to discuss options with Mr. Fleming and encourage him, with their full backing, to take a stand against such behavior."
So, now typing REALLY slowly, I expect AOPA to contact Mr. Fleming, tell him the obvious ... that what happened to him is an affront to ALL pilots. I expect AOPA to ask Mr. Fleming what legal support he would like the AOPA to provide. Is he happy with the settlement made under duress? Would he like to sit down with a few top lawyers to discuss his options after being coerced to sign away his rights?
Want to keep it civil and tell me you don't agree with me, I'm good. Want to get ugly and tell me I'm sniveling and I'll point out that you aren't bright enough to read a simple sentence. "AOPA should take this case pro-bono. They should send an entire TEAM of AOPA attorneys down to discuss options with Mr. Fleming and encourage him, with their full backing, to take a stand against such behavior."
You seem like a nice guy. I love the picture of you and your kid in the cockpit. I think we would probably enjoy debating this over a beer at Oshkosh. That said, you want to swap insults, I'm game.
What do you think AOPA should do?
.
4) My guess is AOPA legal staff knows the way to resolve this matter is to quietly educate the DCSO. Face it the DCSO has publicly dug its heels in...
For heaven's sake as a result of AOPA publishing it the DCSO shut down their facebook page!
What do you think AOPA should do?
Dissolve and allow an organization that will do something to take its place?
Sorry but my most recent experience with AOPA was the smiling airport rep from AOPA painting an X on my runway.
Just stick to flying over the Dakotas and Montana and you have nothing to worry about.
So I guess we have two alternatives: pick our battles and don't stir up a hornet's nest over something already settled and not too huge. Which just lets it grow bigger as it becomes worse and more invasive next time.
Or, raise hell over this and make them know they can't do this to us! Which they can and will, with a quiet vengeance, as they stomp out our rights anyway.
Some choice....