Florida Judge Bans Transmissions

[sellington]

>From Usenet:

Article 30766 (20 more) in rec.radio.amateur.misc:
From: sharon at world.std.com (Sharon M Gartenberg)
Subject: Update on FL hams ordered to remove tower, stop transmitting
Message-ID: <C3uMnK.Jqq at world.std.com>
Organization: The World Public Access UNIX, Brookline, MA
Date: Sat, 13 Mar 1993 22:33:19 GMT


There was a request for more information about the case of two Florida
hams who were ordered by a county judge to take down their antenna tower.

Here is the latest:

David K. (WA4NST) and Sharon T. (N4XLF) Brower recently lost a two-year
legal battle over their 68-foot antenna tower. In his final judgment for
the plaintiffs (7 households), Judge Charles E. Smith of the 19th Judicial
Circuit in and for Indian River county, FL, found the radio transmissions
to be a noxious and offensive activity, and the appearance of the tower and
antennas an annoyance and nuisance to the neighborhood. ``This large, tall
tower and antenna sticks out like an eyesore to this subdivision and
neighborhood.'' Smith also ruled that the tower is a ``building'' which
exceeds the two-story building limit in the deed restrictions, although the
deed restrictions are silent about antenna support structures.

Pending appeal, the Browers have been enjoined from making ANY radio
transmissions from their home!!!

There is a fear that if the Browers' appear is unsuccessful, it will set a
dangerous precedent for any ham whose neighbors don't like the way their
antennas look and complain about interference to consumer electronics. Like
the Browers, the hams could be ordered to remove their towers and cease
all radio transmissions.

A fund has been established to assist with the legal costs associated with
this case. Contact: The Brower Legal Defense Trust,
James H. Laseter, N4ZYX, Trustee, 2716 Robin St., Ft. Pierce, FL  34982

Sharon, KC1YR
--
Sharon Machlis Gartenberg
Framingham, MA  USA
e-mail: sharon at world.std.com