Idiot Sherriff Arrests 70 Year Old Glider Pilot......For Just Flying

[Floatsflyer]

Floatsflyer, my post in answer to your topic was not meant to be rude, and I clearly wrote that while I think it is prohibited to fly over a nuclear plant, I wasn't sure.
If you or M E Edwards think that is rude, then I suggest that you don't read anything that I write and don't reply to anything I write.
Sounds like to me that you had a hard day or need to get back on your medication.

I'm not going to respond to this, I believe everyone sees your comments for what they are and I don't want Hal or Bryan to end this thread because the story represents a very important issue for all of us: That the FAA retains control of airspace issues, not idiot, ignorant, Billy Bob sherriffs. It's stated in either one of the AOPA written articles or in one of the videos that this sherriff requested that the glider be shot down!!! We should be afraid, very afraid.

[Matt Gonitzke]

It is one thing for the SSA to give their definition of loitering and another for the FAA to do it.

It was the FAA that gave their definition, not, the SSA...here's Marty's post again for your convenience:

Since the NOTAM doesn't define "loitering," SSA got clarification from the FAA that says: "In FAA's view, according to our Washington contacts, gliders do not "loiter." That is, circling is a mode of flight for us and is acceptable at or near these facilities. The key is to spend only as much time as needed to gain lift and move on beyond the facility."

[David Pavlich]

While I agree 100% that the sheriff acted poorly, we need to look back to when all this zealotry started: Sept. 11, 2001. I remember listening to Neil Boortz (he flies a Mooney) one morning some time ago. Someone left a plane paper bag sitting on a street corner in Atlanta. I forget what they ended up finding, I think it was something like a straw or hay, but it was harmless. HOWEVER, what led up to the authorities realizing it was harmless bordered on hysteria. Needless to say, the collective WE are now programmed to suspect anything that may look out of order. Frankly, I'm surprised some jihadist hasn't strapped on 20lbs of C4 loaded with ball bearings and blew up a subway or mall. It's a lot easier to stop a large, elaborate plan than it is to stop one nutburger that remains silent until he presses the button.

At any rate, the fact that the pilot is 70 years old and has had time to think through the possible outcome and expense led him to decline litigation.

David

[Bill Greenwood]

Matt, where do you get the part about the FAA statement on gliders? From SSA? I am not an SSA member any longer, but I have never received any such notice from the FAA itself and I am a glider pilot. MEdwards posted that statement which he says is from "a 2002 SSA website."

I believe that is not a statement or release by the FAA itself. I think what you and Marty have is a statement by SSA, (Soaring Society of America) about what they say and hope is the FAA position. There can certainly be a difference, especially if a case becomes a court matter. And here we have a matter that if push comes to shove can be claimed to be national security, and pilots may get the short end of the stick. Especially a small group like sailplane pilots probably have very little political and almost no economic clout. It may seem to us to be ridiculous to regard a light sailplane as a threat, but then TSA has never let ridiculous stop them from anything.

Many people, for instance, believe that the FAA controls hours of operations and noise matters at airports. Some years back a member of the Eagles band, ( might be Glen Frey) had a house overlooking the Aspen airport, and he didn't like airplanes or their noise. So he got the county attorney to try to close the airport to night flights. He secretly gave the county $100,000 to fight the case for him so he could remain incognito. The noise issue did not sell too well since small private planes were quieter than the airlines, so they converted it to a fight on safety which the public will usually buy, especially against a smaller group like pilots. This was long enough ago so that corporate and private jets were rare and even the airlines were ConvAir 580 tubroprops (great planes by the way). The Denver paper had a headline to the extent that "Private pilots want the right to crash into the mountains at night".
Many pilots claimed that the FAA, not the county had the final say. Sounds good but was politically naive. The county went over the head of FAA to the congressional budget committee that funds them and the result was a compromise that resulted in an 11pm to 7am curfew for all flights ( less medical) that is the rule today.

What matters in the end is money. If the pilot can win a lawsuit, more power to him. But if he is going to be satisfied to drop it with not even a written apology , then I'll bet the local sheriff is laughing at him still, not to mention the corporation that controls the power plant.
You may know of the recent case where Mexico arrested and held a 20 year old American on a bogus gun charge. The only thing the finally got him released from a filthy prison was when the U S quit begging and threatened to stop U S tourism to Mexico. That is big $$$$$ and got quick results, and he is free.

I don't know if pilots and especially glider pilots are any factor in tourism to S. C. or that county, but I'd like to see a boycott at least tried. Why give tourist money to people like that?

[1600vw]

I don't know if pilots and especially glider pilots are any factor in tourism to S. C. or that county, but I'd like to see a boycott at least tried. Why give tourist money to people like that?

Ditto.......

[Floatsflyer]

Ladies and gentlemen, this is the age of social media. If you wish to voice displeasure with the Mayberry Marvel with respect to his outrageous actions and behaviour or economic sanctions, tourism boycott, etc; etc, then here's some helpful info to communicate with him or the county directly:

Sheriff J. Wayne Byrd is on Facebook and Linkedin

His email is jwbyrd@darcosc.com

If you wish to use snail mail:

J. Wayne Byrd, Darlington County Sheriffs Office,
1621 Harry Byrd Highway
P.O. Box 783
Darlington County, South Carolina
29540-0783
Phone # 843-398-4501

Dale Surrett,
County Administrator,
dsurrett@darcosc.com
843-398-4100

Frank Willis, Executive Director,
Darlington County Economic Development Partnership
Florence, SC, 29501
fwillis@dcedp.biz
843-413-3210

Ms. Mozella "Pennie" Nicholson
Vice Chairman
Darlington County Council
1905 Elmwood St.
Hartsville, SC
843-383-9238(Home)
843-398-4100

Also seems our good ole boy yahoo is in a heep of trouble down there in SC with alleged illicit affairs, firings of deputies and lawsuits launched by agrieved husbands. This Billy Bob's a heep a work...allegedly. Here's just one article from an investigation by the local TV station. There are others.

http://www.wistv.com/story/19122120/...illicit-affair

[WLIU]

For what its worth, 18 USC 242, Deprivation of rights under color of law, likely applies to the arrest and detention of this pilot. I understand the individual's desire to put the incident behind him, but I will hazard a guess that there are many attorney's who would take the case on contingency. The damages awarded or settled for may be small or may be larger. Most certainly the court would order that the incident not be repeated, and if it was, the Sheriff would be in contempt. Likely career ending for someone in law enforcement.

If you want to encourage change in that jurisdiction, rather than economically penalize folks who are unconnected to the incident, send your e-mails and letters to the county supervisors who own the budget for the Sheriff's Office. The Sheriff may be elected, but he does not have an independent budget.

I will observe that the staff at the power plant can complain all that they want. That is their privilege. Law enforcement is obligated to know the laws and in this case they could have contacted the watch desk at the nearest FSDO to understand the current rules and their jurisdiction. If they did not, then that makes them even more liable for their behavior.

Everyone reading this now knows that you do not have to land if the local Sheriff calls on the radio. You don't even have to call the tower if the ground controller tells you to. Aviation lawyers will tell you absolutely not to. Call them when you have your own lawyer sitting next to you. Make due process work for you.

As for some of the heat in previous posts, I observe that some of the older contributors to this forum have not fully embraced the power of the internet and the variety of search engines available. And typed communication tends to be less nuanced and friendly than face to face. I will suggest that we ignore some of the rough edge that comes from participants who did not grow up typing their thoughts. Its surprising how many folks don't proof read what they type and don't understand that the text and grammar that they choose to express themselves can come across in ways that they did not think about.

That said, I agree that Google and its peers are your friend. I try to always look up something using a search engine before I blast out a question that shows the entire world how ignorant I am. Doesn't mean that I am not ignorant, but it helps hide it better...

Best of luck,

Wes
N78PS

[Floatsflyer]

Wes, I like your comments. I'm a student of human rights and civil liberties and have followed the careers and teachings of people like Alan Borovoy(one of the world's great minds and experts on the subject) but now that I know what I could not have reasonably known heretofor--that there are lunatic sheriffs on the ground looking to shoot me down- I'm not so sure that I would follow your advice below and ignore him. Better to suck up the rights violations and deal with the Billy Bob bozo in court and the court of public opinion, alive.

For what its worth, 18 USC 242, Deprivation of rights under color of law, likely applies to the arrest and detention of this pilot.

Everyone reading this now knows that you do not have to land if the local Sheriff calls on the radio. You don't even have to call the tower if the ground controller tells you to. Aviation lawyers will tell you absolutely not to. Call them when you have your own lawyer sitting next to you. Make due process work for you.

[Matt Gonitzke]

Bill, if you spend 30 seconds searching the SSA website for the word 'loiter' you will find the original article. I hate to point out what I quoted again, but it says "SSA got clarification from the FAA that says: "In FAA's view, according to our Washington contacts, gliders do not "loiter"" meaning that is the FAA's position, stated very clearly IMO.

[Wilfred]

One of the real civil right violations here (if the reports are accurate) is that the officials required the arrested pilot to promise not to sue in order for them to release him.

That is an action in itself that would be actionable in a court of law.