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Florida Antenna/Transmitting Restrictions

Subject: Florida Antenna/Transmitting Restrictions
From: mwilson@arrl.org (Mark Wilson)
Date: Wed Mar 17 14:00:19 1993
These details were received at ARRL HQ today from the Browers 
(presented here verbatim from their news release):

     As of March 8, 1993, the appeal is pending and WA4NST and 
N4XLF are still QRT except for 2-meter mobile or guest operations 
at another ham's station. A fund has been established to assist 
with their legal costs. Contributions to the Brower Legal Defense 
Trust may be sent to:

     James H. Laseter, N4ZYX, Trustee
     2716 Robin Street
     Ft. Pierce, FL 24982

[Note: Contributors should not assume that their contributions 
are tax deductible.--AA2Z]

     Details of the case are as follows:

     David D. and Sharon T. Brower, WA4NST and N4XLF 
respectively, of Vero Beach, Florida, recently lost a two-year 
legal battle over their 68-foot radio tower and antennas. In the 
Final Judgment for the plaintiffs (seven households) Judge 
Charles E. Smith of the 19th Judicial Circuit in and for Indian 
River County, Florida, has found the radio transmission to be a 
noxious and offensive activity, the appearance of the tower and 
antenna an annoyance and nuisance to the neighborhood, and 
quoting from the Final Judgment, "This large, tall (87-feet) 
tower and antenna sticks out like an eyesore to this subdivision 
and neighborhood." Smith also broadly ruled that the tower is a 
building that exceeds the two-story limitation for buildings in 
the deed restrictions and limitations of the subdivision. The 
deed restrictions are silent about antenna support structures.
     Pending appeal, Smith has stayed his order to remove the 
radio tower and antenna but has enjoined the Browers from further 
radio transmissions from their home! If the Browers are not 
successful with the appeal, this case will set a dangerous 
precedent for any ham who has a neighbor that does not like the 
appearance of his exterior antenna and alleges interference to 
home electronic appliances. Like the Browers, the ham will be 
ordered by the court to remove his tower and cease radio 
transmissions.


Here's the latest from ARRL:

ARRL Counsel Chris Imlay, N3AKD, has been in contact both with 
the Browers and their attorney.

It is well established that the regulation of radio transmissions 
is within federal, not state, jurisdiction. The state court's 
decision is being appealed.  We're optimistic that the appeal 
will be successful to the extent that the judge exceeded his 
jurisdiction.

ARRL will participate to the extent requested by the Browers'
attorney, who is, of course, responsible for mapping the strategy
of the appeal on behalf of his clients.

Nothing is going to happen very quickly in this case.

73, 
Mark Wilson, AA2Z
Editor, QST
mwilson@arrl.org

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