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From: Rick Sylvia <Rick.Sylvia_at_ferginc.com>
subject: [Paddlewise] FW: FW: Safety, Ads, & PFDs
Date: Thu, 7 Sep 2000 14:22:27 -0400
> >- some people need to be protected from themselves, unfortunately.
> 
Mark Wrote:

> I can't resist asking: why?  Apart from the issue of the family and
> dependents of such a person (which I have already acknowledged *is* a
> legit
> issue, IMO), why does the government have a valid interest in protecting
> me
> from myself?  Why is that the government's business?
> 
> Let's say I don't have any children or dependents.  I don't have any debt
> that's not covered by my current assets.  No one will suffer financial
> loss
> at my death.  Why is it anyone's business other than mine if I want to
> take
> personal risks, like kayaking, rock climbing, hang gliding, etc.?  Even if
> I
> decide to do these things in novel ways, that only I like, and that are
> more
> risky (say, without a PFD)?  (The issue of the interest of an insurance
> company, BTW, apart from not being a valid *government* interest, is
> easily
> dealt with by providing that certain things invalidate the coverage --
> like
> paddling a kayak without a PFD.)  I truly have a hard time understanding
> what reasoning it is that leads to the conclusion that the government has
> a
> legitimate right to protect people from themselves (as opposed to
> protecting
> *other* people).
> 
> Mark
> 
> 
Well, Mark, you make a valid  point. I was looking at it from a little bit
of a different angle, though.  The laws are there to protect everyone, not
just "experienced" Kayakers (or other water sports) making calculated
decisions.  Some folks just flat out don't know any better.  For example,
last year, the teenage daughter of a friend of mine and her boyfriend went
to one of the Sounds in North Carolina to visit his uncle for the weekend.
The uncle had a 2 person kayak that he "fiddled" with.  The two teens took
it out for a ride.  

Tide came in - water turned rough - they were over a mile from shore - not
even a PFD in the boat (in fact, they carried nothing but two paddles). They
capsized, and had no clue how to get back in.  Eventually, he drowned (took
almost a week to find his body).  She survived.  She managed to get to a
duck blind and stayed there for two days until she was rescued.   My wife
and I prayed with her parents for three days, not knowing if she were dead
or alive.   

Here it comes...... I SURE WISH A MARINE SAFETY OFFICER HAD OF SEMI
"HARRASSED" THEM AND ESCORTED THEM BACK TO SHORE OR SCARED THEM TO THE POINT
THAT THEY WENT BACK THEMSELVES.  My point is that many, many, many people
don't fully understand the risks and don't comprehend the choice that they
are making. It's those people who need protection from themselves, not you
or I who understand the risks (well, I'm still a rookie, so I'm still
studying the risks) , and carefully make our decisions based on many, many
factors - the thrill of danger included.

But, in your scenario, I can't argue your points.  But in my scenario, I'll
debate all day long.  Guess that means that it's scenario dependant, which
really makes writing the law difficult....ie: how do you identify the
"dummies" who need protection, and wouldn't that be discriminatory?  I think
they found an answer when they settled on having to have a PFD on board, but
left it to you whether or not you decide to put it on.  Glad I'm not a
politician trying to rewrite that law.  :-)

Rick
(the one from Va.)


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