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From: Michael Kundu <projectseawolf_at_seanet.com>
subject: [Paddlewise] whale hunt/coast guard restrictions
Date: Thu, 30 Jul 1998 13:22:00 -0700
I apologise for my personal comments against Richard.  This Makah whale
hunt and the subsequent waste of taxpayer funds to police and enforce their
controversial 'sovereign' initiative really infuriates me, and that anger
sometimes translates into sharp, unwarranted keystrokes.

The unconstitutionality of the exclusion zone is that it limits the rights
of peaceful assembly in an area considered a national marine sanctuary.
Figuratively, this would be similar (roughly) to the US marshalls closing
off an area where the klan were holding a rally to prevent public
opposition or visible protest -- I think it sets a bad precedent -- and one
at our expense.

Albeit, I'm glad this discussion is occurring (the one about exclusion
zones impacting paddlers) it might soon be replayed elsewhere, and we
should be thinking about the matter.
Michael Kundu
Project SeaWolf/Arcturus Adventure Communications
"The Source for Extreme Adventuresports Photojournalism"
respond to ProjectSeaWolf_at_seanet.com

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From: R. Walker <rww_at_mailbox.neosoft.com>
subject: Re: [Paddlewise] whale hunt/coast guard restrictions
Date: Thu, 30 Jul 1998 20:57:03 +0000
> The unconstitutionality of the exclusion zone is that it limits the rights
> of peaceful assembly in an area considered a national marine sanctuary.

Assembly is always limitable in terms of place and manner.  1500
foot distance for underway vessels is never going to be considered
an unreasonable restriction on place and manner.

> Figuratively, this would be similar (roughly) to the US marshalls closing
> off an area where the klan were holding a rally to prevent public

We do this all the time, its called "parade permits".  They
set distances that the parties have to stay away from each other
that usually don't interfere to much with their individual
purposes, while allowing the expression to continue.  

The president shows up, the protesters are hearded into a
restricted area away from the scene, so the pres can have his
photo op, and the people can still protest.  Neither gets to
prevent the other from doing their thing.


Richard Walker
Houston, TX
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