The city of Poway, CA did exactly this and there weren't enough hams in the
community
that could or would put up the attorney fees to fight them
So it gets down to money in many instances
You may be LEGALLY right ,,,but money talks.... and HAMS
...walk...unfortunately !
73, Dennis N6KI
San Diego
On Mon, Dec 15, 2008 at 6:46 PM, Roger (K8RI) <K8RI-on-TowerTalk@tm.net>wrote:
>
>
> Richards wrote:
> > Amen, Bruddah....
> >
> > Besides, no one is "reasonable" in California! In law school,
> > our Civil Procedure professor told us to disregard all the text book
> > cases that were decided in California - he said they were always wrong!
> >
> Unfortunately cities get away with passing ordinances that are against
> state and federal regulations on a daily basis, based both on
> interpretation and out and out ignoring those regulations. And those
> regulations have the force of law behind them until some one challenges
> them to the point of either going to court or the city finally backs
> down before going to court, which leaves them a lot more wiggle room
> than a court decision. They change their stance, or local regulation
> slightly, pushing for as much as they can get away with.
>
> 73
>
> Roger (K8RI)
> > Seriously... that's a true story!
> >
> > (i.e., not that CA cases are really always wrong... but our
> > prof really did say that to us... and meant it concerning
> > our final exam.)
> >
> >
> > ================ Anon. - K8JHR ==================
> >
> > Kelly Johnson wrote:
> >
> >> It's just not that simple. PRB-1 was written in a way that leaves
> >> lots of things to interpretation. The root of the problem is the term
> >> "reasonable". "Reasonable" is not an absolute term. It means
> >> different things to different people. Cities can do whatever they
> >> want until hams are willing to empty their pocketbooks and hire the
> >> lawyers necessary to fight it. The ARRL doesn't have the money to go
> >> fight all of these fights. The state AG isn't going to do a darn
> >> thing.
> >>
> >
> >
> > ================================================
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> >
> >
> >
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> >
> >
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