most anti-aviation city in the nation

and if the city council isn't enough of a headach, we always have the
hoa to add to the misery: copied from msn headlines today.
Wind chimes hanging from front porches, basketball hoops in driveways,
shampoo bottles on bathroom windowsills. Innocent markers of daily
life? Depends on where -- and among whom -- you live.

For the 57 million Americans living under homeowner's associations
(HOAs), these can be flagrant violations of their neighborhood
regulations, costing them hundreds in fines -- and at the worst, their
very homes.

"No one tells buyers what deep doo-doo they can get into," says George
Staropoli, who lives in an HOA in Scottsdale, Ariz., and founded
Citizens For Constitutional Local Government, a homeowner's rights
group. "It's a government outside the U.S. government."

it's really all about power, isn't it. it has nothing to do with
rights, privileges, fairness or common sense. when u realize how much
the housing market makes up, of the worth of this country, it becomes
obvious why a city would have such a knee jerk response to a perceived
problem of loss of possible revenue from the property tax base. brian
lives in one of the older residential sections of the city, that has a
well established and deeply entrenched retiree populace, that is just
looking out for number one. and can u blame em? they have nothing
else left in life to look forward to. when they croak, estate taxes on
a well manicured retirees home is certainly worth more without some
rundown junk yard next door.

at least the wright brothers had a bicycle shop to work out of so the
residential neighbors didn't have a chance to stop aviation before it
could begin.

Dave wrote:
Brian, hide the aircraft and take up making steel drums. It takes a long
time to beat one of those suckers into shape. Invite a nice carribean band
over to help you tune it, at 8. AM, on Sunday.

"Dan Horton" wrote in message
ups.com...
I hate to use the analogy, but a lot of African Americans were
against the civil rights movement, fearing that it was just gong to
stirr up trouble and the backlash would make things worse for them.

Yep, and MLK insisted that the movement stick to peaceful protest
only. The other side wanted a fight and certainly tried to provoke one
at every turn. That would have undermined support from very effective
allies like the Justice Department, not to mention the average citizen.

Nobody here proposes that we not work to eliminate the ordinance.
We need to be smart and not play our opponents game.

Dan

it's really all about power, isn't it. it has nothing to do with
rights, privileges, fairness or common sense.

Common sense is proposing a practical plan to rescind the
ordinance. So far all you've given us is useless hand-wringing Sure,
it's your right and privilege, but it's still useless.

You started this thread with a cry for help. Either show some
leadership by offering a goal-oriented plan, or supply specific
information so others can actually help you.

Dan

A lot of people have asked me how they can help.

I have set up a legal defence fund at
http://www.jaxairplane.com/contribute.htm. EAA is trying to get the
ordinance changed, but they can't directly help me with my upcoming
court case. I would appreciate it if you could pass the link around to
any other homebuilders you know and contribute if you can. Thanks.

Brian Kraut

EAA is trying to get the ordinance changed, but they can't directly
help me with my upcoming court case.

No doubt.

Recinding or amending the ordinance is a legislative matter
requiring the cooperation of the city council members, in particular
the sponsoring councilman. Nothing about defending you in court will
assist that effort. Quite the contrary. As long as you remain (to
paraphrase your own words) a thorn in the side of the city, you make
the EAA's job harder.

In our society we honor those who accept personal sacrifice for the
greater good of their peers. Please, consider clearing the field and
allowing the EAA to work for all.

Dan

"Dan Horton" wrote in message
oups.com...
In our society we honor those who accept personal sacrifice for the
greater good of their peers. Please, consider clearing the field and
allowing the EAA to work for all.

Dan

Dan, I don't doubt that you feel "clearing the field" is the appropriate
thing to do, but I disagree with the notion that anyone would honour a
personal sacrifice in this case. While you have likely accused him of more
than the city of Jacksonville has I have yet to see that he has done
anything wrong other than refuse to knuckle under to an oppressive city
council and a bullying neighbour. Even if he loses, I would admire him for
going down swinging, more than taking one on the chin so others might ignore
his plight and go about their business. The core here is that the gentleman
as far as I can see has not injured or inconvenienced any of his neighbours
in this case, but has been subject to harassment and hostility aided by the
city council. I would be seriously considering suing the neighbour and the
council.

I disagree with the notion that anyone would honour a personal
sacrifice in this case.

Quietly pleading guilty to a non-criminal misdemeanor with a max
fine of $500 isn't much of a sacrifice. More than a few battles have
been won with a strategic retreat to a more advantageous position.

Throw aside your feelings and consider the reality. Brian is going
to pay the fine anyway. "Not guilty" is unlikely in the first court
appearance because he is facing a custom-written ordinance designed to
leave little wiggle room for the judge. In general you don't get to
argue constitutionality or other issues until you get into the appeals
process. That can take years and lots of money, which is why he is
asking for a legal defense fund. In the meantime the ordinance remains
hanging over everyone's head, and will become permanent if he loses an
appeal anywhere along the line.

Consider the alternative. Brian pleads guilty and promises to be a
model citizen. The city attorney gets his petty victory, and the EAA
attorney has a clear field to communicate and persuade. If the EAA is
successful, the ordinance is rescinded or modified via legislative
means. Game over, total cost $500, public relations for homebuilders
is positive. If unsuccessful, all Brian needs to do is park another
airplane in the driveway. He gets to pick the time (just prior to an
election is good) and the circumstances (a pretty airplane in the midst
of flawless housekeeping, with lots of photos), which means even if the
other side pulls out older evidence it is clear that Brian has tried to
mitigate. He also buys time to do legal research and raise money. If
the EAA has tried and failed, successful national fundraising among
homebuilders becomes a given. Hell, I'll contribute.

"Sue the *******s", "Go down fighting", and opinions about
personal freedom are expressions of emotion, not rational planning.
Please, let's talk about objectives, rational plans, and chances of
success.

Dan

"Dan Horton" wrote in message
ups.com...
I disagree with the notion that anyone would honour a personal
sacrifice in this case.

Quietly pleading guilty to a non-criminal misdemeanor with a max
fine of $500 isn't much of a sacrifice. More than a few battles have
been won with a strategic retreat to a more advantageous position.

Throw aside your feelings and consider the reality. Brian is going

It just doesn't and will never sit well with me, even if the fine was zero
dollars. The very notion that city council could design an ordinance
specifically to punish someone for his neighbours activities is just wrong.
I look at your argument and I can't believe you would expect anyone to
accept it. Strategic or not, it does not appear to me that Brian has done
anything wrong and I would never, ever plead guilty in his shoes. If
sentenced I would appeal, countersue, etc. Your country was founded on the
notion that gov't should never have the opportunity to oppress it's
citizens, what the hell happened?