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Horror story in National Forest


tom_johnston1

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I have been very hesitant to make a post about a very negative

experience that I had recently in a National Forest. However, some

other active contributors to photo.net have recommended that I do so

since it may be of interest and concern to other photographers.

 

In brief, a couple of weeks ago while photographing off of a National

Forest Service road, I was given a $100 fine for obstructing traffic,

even though I was neither parked on the empty gravel road, nor was my

camera on it. It's a long story that I won't bore you with here, but

I will provide you with a link to a newspaper article about it as

well as a link to a bulletin board where the issue has been aired (in

sometimes violent fashion). I wanted to post some pictures as well,

but I just can't remember how to post them on photo.net.

 

My story was a feature story in two northern Wisconsin newspapers and

the regional TV station even showed an

interest in it but I had to leave the area to return to my home

in Illinois before they could get a TV

crew out to the area. The whole matter opened a huge can of worms. My

life has even been threatened.

 

But the good news is that virtually

the entire public, the media, resort owners, individuals, sportman's

groups, local political groups, tourism people, and even industrial

interests (the largest logging company in the area) have come down

firmly on my side. My story caused others to come forward and tell

of their own "horror" stories about the NFS law enforcement officers

in

the Chequamegon National Forest, including the alleged solitation of

bribes, etc. by NFS law enforcement officers. The editors of the

newspapers are

being flooded with letters about this matter. It has turned out to be

a very hot issue up that way.

 

Out of principle, I am driving the 300

mile round trip which will be necessary to fight the case in federal

court in Madison, Wisconsin (which a lawyer told me is virtually

hopeless no matter what the evidence is).

 

There are some important issues and principles here that go far beyond

my own

personal interests and which can affect other photographers and

individuals who use NFS land for any purpose. If you would like to

know more about this, I am including a link to one of the original

newspaper articles which will give you an idea of what happened (up to

that point). I am also providing a link to a public forum board for

Park

Falls, Wisconsin where the issue is extremely hot but is finally

cooling

down a little, thank goodness. Please feel free

to post your own comments on that board if you like. You won't

believe some of the posts, especially some of the earlier ones.

However, there is a lot more to this than even those sources reveal.

If you live in the area, perhaps you already know about this. If you

have had a similar experience please contact the newspapers and the

proper authorities. They want to hear from you. If enough people

speak up, maybe we can put an end to this.

 

Also, feel free to email me concerning this matter.

 

http://www.parkfallswi.com/placed/story/07-20-2000citizens.html

 

http://www.parkfallswi.com/quickpoll/forum/

 

Thanks,

Tom Johnston

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The White Mountains National Forest has its share of, shall we just say, rather zealous rangers.

 

In a completely empty parking lot on a weekday in the off season early in the morning I parked right next to the trail head and let my (well behaved)dog out while I grabbed camera bag & backpack and locked the car. A ranger was right there for the leash law infraction. When he saw my license and realized that I'm a local, and that my daughter was then in a class where his wife was the aide, he put his ticket book away but gave me a less than friendly lecture about dogs, following rules, too many users, yadda yadda ...

 

But much more like Tom's experience was the case of two retired gentlemen who live in a very backwoods area just outside the forest borders, close by an NFS-owned public beach/boat launch/picnic area on a smaller lake. They sought & received verbal permission to clear up accumulated trash & junk from the beach & picnic area. When they went there to do it they were arrested for unauthorized messing with the NFS's property. There was a hullabaloo of course, with our Congressman even weighing in, stories in all the papers, etc. A Motion to Dismiss the charges failed but the Federal Judge at trial did a little minor wrist-rapping and the 2 gentlemen are free, but I doubt they'll ever lift a finger to help the NFS. And as long as the charges stood they were at risk of loss of liberty, huge fines, and not free to travel outside the jurisdiction.

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Although all law enforcement officers have the authority to issue citations, none is mandated to do so.

 

Their primary purpose is to be peace officers and to serve the public. They all have wide discretionary powers within which they can operate to achieve the same purpose.

 

If a traffic hazzard seems to exist, a friendly conversation can do wonders. Since there were no other cars around, this was not even a warning/example to other motorists. In other words, right or wrong, it all seems a bit high-handed.

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I don't know a lot about the rangers in other parts of the country, but the National Park and Forest Service rangers and personnel here in Washington State are absolutely terrific. I've met dozens of them in over thirty years of hiking throughout the state and they have been some of the friendliest, most knowlegeable, hard working, and nicest people I've ever met -- certainly cuts above other government employees I have had to deal with. I can't say enough good things about them.

 

It is unfortuante and sad to hear that they are so mean and incompetent in other areas.

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Without knowing the details of your case, which you say a lawyer has told you is doomed to fail (regarding the citation), have you consulted a lawyer amongst the flood of people who you say are on your side about possibily suing the government, or National Park Service, or whatever agency is appropriate so the case is not thrown out. You might be able to delay the verdict on your ticket pending the outcome of your countersuit, or even have them combined before the same judge. Not being a lawyer, and not knowing the applicable state or Federal statutes, I only suggest this so you don't waste your time in driving three hundred miles. I think you need to sue the government on some grounds that an attorney feels you can win, and then hoping someone sees it as applicable to the judgement that must be rendered regarding your ticket. Otherwise, I think you're wasting your time.
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