anything yet on the dennis mcglynn, colorado circuit court of appeals with respect to the access issue, lake powell? been long enough hasnt it? dennis? fred?? bueller? bueller?
anything yet on the dennis mcglynn, colorado circuit court of appeals with respect to the access issue, lake powell? been long enough hasnt it? dennis? fred?? bueller? bueller?
The Tenth Circuit Court of Appeals said, "a parachute by any other name is still a parachute, and delivering a person by parachute is prohibited" and "technological improvement in the shape, maneuverability, and control of modern parachutes, including those used here, do not make them cease to be parachutes." Filed Dec. 15, 2000.
See the full court decision at http://www.kscourts.org/ca10/cases/2000/12/00-4098.htm
The argument should be this:
How can some one be delivered into the national park when that person is already in that park to begin with?
Also, The arial delivery law was made long before BASE jumping existed in modern times. So why was the law made? To require a permit for people to drop stuff from aircraft into national parks (like supplies and stuff). OK-the original purpose of the law seems fairly reasonable, but it has nothing to do with BASE Jumping.
What the NPS is missing is that part of enforcing laws legally, is to enforce them appropriately. In no way whatsoever was that law made with BASE Jumping in mind. It simply does not apply to BASE Jumping. In BASE Jumping, nothing is being delivered. The jumper is simply traveling past that part of the earth for recreational purposes. For them to apply that law on BASE Jumpers is illegal.
See Skydiving Magazine, March 2001, page 27, for complete details.
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