[SCCC] W6BX Tower Case - Hope this is OK to post

Dennis Vernacchia n6ki73 at gmail.com
Fri Feb 8 04:04:24 EST 2008


I have submitted to board members of local San Diego Clubs

Maybe you guys in LA/Org/SBER Counties can figure out best avenue of support


N6MD Kurt Barnhart to Hams
show details 12:08 AM (50 minutes ago)





Message Received from WB6X:

Hello all! I
just received the notice that I have 3 days to take my tower down, or I

will be fined for $1000 and can even go to jail.
     I talked to the code enforcement officer who

issued the citation and he agreed to give me the extension for two more
weeks. He stated that I have to take it down, even if I file the lawsuit.

     The cost of the crane will be $900-$1200, the
only hope for recovery of the loses is winning the litigation battle.

     Leonard Shaffer has been helping me out at his
own expense, he did a lot of research and has been conducting

communication with the city on my behalf. He will most likely help me
filing the lawsuit.

     If you or someone you know has experience in
litigation and can volunteer his or hers time, please ask them to contact

me.
      Within next couple of week I and some of
my friends will be setting the website to collect the money to pay for

attorney's fees. My hope is that from hams in CA at least 1000 will
donate $20. If this goal is achieved, there is a very high chance of

winning this battle. Success in this fight could be of a great benefit to
everyone having a ham license in the US.

  I am looking forward for any comments and thank you for your
time.
  Alec Zubaru, WB6X, Palmdale

----------------------------------------------------------

Fellow Hams...

This is a much longer story, but the short version is that a couple of
neighbors decided they didn't like an Amateur Radio Operator's tower and
they successfully lobbied their City Council to order the tower removed
because, in their words, it has interfered with their telephones and TV
reception and it's a threat to public safety.  Funny thing is that the
neighbors seemed to get interference even when the Ham in question was not
home.  The City Council has decided that it can preempt the FCC's
responsibility of regulating RF interference, even when interference hasn't
been reasonably proven.

The message in red (above) is a plea for help from the Ham who has been
ganged up on by his neighbors and a power-hungry City Council.

ONE CONCERN IS... that the action of this one City will embolden other
California jurisdictions to try and pull similar stunts.

A few smart lawyers (who are also Hams) believe that this issue can be won
in State or Federal Court, but the Ham in question cannot afford to fund
that effort himself, and this will take some time. These lawyers include
Fred Hopengarten, K1VR, and Pamela Royce, W6PNW.

IF YOU CAN HELP -- ask your Ham friends and clubs to collect voluntary
donations of $20 or more per person for this important cause. A number of
SoCal clubs have already raised $200 and more to assist in a legal defense.
If every club takes up a small collection, there will be strength in
numbers.

If you're able to help, send an email to <N6MD at arrl.net> and I'll send you a
postal mailing address of a trusted person who is consolidating the
contributions and making sure that they go into the defense fund and are not
mis-appropriated.  This is a legitimate initiative that includes the ARRL
and other leaders of the Southern California Amateur Radio Community. This
is NOT a scam just to collect money.

To learn more about this outrageous situation, Google:  Alec Zubaru, WB6X,
Palmdale

Or view this link -->> http://www.eham.net/forums/Misc/6496

See below for a few messages of support.

73,
Kurt Barnhart, N6MD
San Diego County

===================================================


Alec, I'll help if you can file this case in Van Nuys Superior Court.  Van
Nuys is within striking distance of my home QTH in Thousand Oaks.  I can't
be lead counsel because I am a full-time employee of the State of
California.
D. Christopher Fall  (State Bar #130030)
Staff Counsel III Specialist (Attorney)
California State Compensation Insurance Fund, an independent agency of the
State of California
2901 N. Ventura Road, Suite 120
Oxnard, California 93036-1146
Telephone: (805) 988 5566
Facsimile:  (805) 981 3496

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If the hams will help with expenses, I will help Len Shaffer with the
lawyerly details, if he wants my help, assuming we can agree on terms.  The
first
thing to do is gather funds for a "war chest."  Please do get your  tower
down
in time to avoid jail, but don't sell it.  It may be put up  again, in about
two years
(depending on the course of litigation)  -- perhaps at the city's expense.
73,
Pamela Royce, Esq.
W6PNW

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The Ventura County Amateur Radio Society has voted to send a check for the
tower fight fund.  I believe that CVARC, will also.
Terry, K7FE

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I have just returned home from the monthly meeting of The Antelope Valley
Amateur Radio Club, Inc. which was held in a meeting hall at the Palmdale
(YES.....Palmdale !!!) Civic Center. The city generously allows our club to
meet at no cost there once per month.
While at the meeting I passed the hat and collected $260 for Alec, WB6X, to
use as needed. The generosity of our members is indeed gratifying and not
all of them reside in Palmdale.
Keith Hoyt.....K6GXO

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