Help us get the beach open!

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Re: Help us get the beach open!

Post by Ry » Sat Apr 03, 2010 2:45 pm

Fighting with environmental nuts, the case to re-open America's oldest Park

PLEASE HELP US!!! an entire Island cries. These were the words written on Cape Hatteras Point in Buxton, NC spelled out in cars, to be seen by aerial view. This was done by over 1,500 people in a protest to keep their beach open. America was losing it's first national seashore and Mass media was silent.

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At the expense of tens of millions of dollars in lost revenue, an incalculable loss of civil liberty and personal freedom, America's oldest National Park has been closed to the public over a bird, the piping plover. This bird is not endangered nor is it indigenous to the Island. Furthermore, there has not been one peer reviewed bit of science to show that people being in the park harmed the bird in anyway. Instead, everything is based on correlation studies which are ignoring other massive variables such as storms and deal with such small numbers that one single nesting pair can account for more than 10% of the total population. Furthermore since the beach closing began the bird population has dropped 20%.

Legally, the area is a Recreational Park by law and not a wild life refuge. In fact, when park was created, congress conducted three different studies acts which determined that lands adjacent to the parks would be sufficient for wild life, and they were set aside for just that. Furthermore, the park was shut down by the decree of an activist judge on the pretext of an executive order from the 1970s which just suddenly became important in 2008. This is an unconstitutional act, because neither the judicial branch or the executive branch have the power to overturn a congressional law. But that is what has happened. To make things worse, the groups which sued to cause the park closure, are not even aware of their abuses. One of these groups, the Audubon Society, is quite hypocritical as they are currently selling land acquired for "birds" to developers to make subdivisions, for 25 million dollars. So we can see clearly what this is really about.

But as activist groups tend to go, the rank and file members of environmental organizations are as wholly ignorant of what is actually done with their money as much as supporters of an evangelist TV preacher are. They assume wrongly that no one is hurt and that they are just helping the environment.

For example, the Southern Environmental Law Center, actually wrote in their news letter that there was no economic impact to the Islanders after closing their beach for the entire tourist season. They also falsely framed the issue as a conflict between saving animals and beach buggy drivers. They did not mention that animal populations as a whole have dropped, as the NPS is murdering hundreds of animals as part of predators control to save a few eggs. Also the bird populations have shrank. They also do not mention that the beach closures have nothing to do with driving on the beach as the park is closed to everyone, on foot or not, even to animals which will be shot, or gassed, if they enter the park. They do not mention the hundreds of thousands of dollars it has cost to pay the NPS to police the beach. And they straight up lied about their not being any economic impact to Cape Hatters for that is not true. Of course, there was no study sited, there weren't any sources for anything. It was just proclaimed by Derb Carter and ihis ilk emptily. This is because no study was even done. PEOPLE were not important enough to know about. And no one bothered to ask the locals or visitors how they felt about not being able to go to the public beach, which had been enjoyed for generations and promised by the US government to be open to the public upon its creation.

Currently, the entire local government of Dare County, the US congressman for the area Walter Jones, and both US Senators, Kay Hagan (D) and Richard Burr (R), as well as the state senator Marc Bassnight and the North Carolina governor Bev Perdue, all support open beaches. Both the House and the Senate have bills in place to re-open the beaches. The Senate bill is bipartisan and cosponsored by both of NC senators. In essence, the entire elected portion of government, which is to represent the will of the people actually effected by their decisions, is behind open beaches. On the other side, the side giving away other people's land, who are not effected because the don't live in the area that they are stealing from, are these activist groups who don't have a clue what is even going on.

This is why laws are supposed to come from the legislative branch and not judges. The legislative branch is elected and can be held accountable for bad decisions. They are also elected by a majority vote and not by a minority with money. But instead of their being a will of the people, it has become the will of the interest groups. The people have been ignored, their government officials are ignored, and the press on the issue has been utterly misleading. All the power has come to this unconstitutional judge and ignorant do-good interest groups who we have caught selling property for profit.

Not everyone can afford a home on the beach. A public beach was always available to those who do not own private beach front land. Sure the out of state home builders from New Jersey and other areas who built multiple rental homes on Hatteras during the credit bubble might enjoy forcing the visitors to rent their cottages to use the beach on thier private property, by closing the access to the publicly available areas. And the northern half of the county may enjoy transferring Hatteras's traffic up the beach to their own areas. And sure the NPS can get paid to do nothing when they simply close the park. But hey this is about birds right? Riiiight.

Why when this is an issue in North Carolina, is it in a Virginia paper, mid inland, in Charlottesville? Good question. Why are some people in Charlottesville so involved in what is happening to birds and land use in North Carolina? We have to write to Charlottesville, because that is where many of the destructive buffoons live who sit on the board of the Southern Environmental Law Center. We're hoping the good people of Charlottesville will raly with the people of the Outer Banks in outrage at what these Law Centers have done. We have to write to these scoundrels, in order for them to understand and recognized what they have been doing to people in a place, I dare say they've probably never been to and are currently not welcome.

To put it as simply as possible, we are no longer allowed to walk on the beach. They closed a beach on an Island. The results were very predictable. Dare county now has over a quarter of the population unemployed. Millions have been lost. It's a tourist economy. No one wants to go to an Island when they can't go to the public beach. Hatteras had a good thing. Instead of being peppered with private condos like every where else, we had a park set aside purely for recreation but not development. Now we have nothing but signs saying no humans allowed and unless you're the right type of bird, we'll kill you.

It's illegal for an executive order to over turn the law. It's illegal for a judge to overturn a law. It is asinine to close a beach on an Island especially when their is a bird sanctuary right next to it. It is wrong to punish the public for the Park Service's failure to comply with the governments own rules. What is the point of having a recreational park that doesn't allow recreation?

Oh but environmental groups are always eager to give away other people's land. They will let you assume it is to protect an endangered species. It isn't. They will let you assume, that the only people it is harming are big bad, greedy developers, who drive over turtle eggs in hummers that run of the fuel of baby seals. Nothing is the case. There are in fact no developers because the issue is about a park which by definition is already closed to development. All they have done is prevent me from taking my one year old to the beach to play in the sand. They prevent people from fishing with their families. They prevent people from sun bathing, surfing, playing beach volley ball, looking for shells, walking, cooking out, swimming, enjoying wild life, flying kites, or any kind of recreational activity you can think of, done on a beach. It's all been banned. Your park has been stolen from you.

Support S 1557 to undo the damage caused by this mentally deficient judge who holds the current record for the number of decisions reversed, and the wildly irresponsible acts of ignorant environmental groups who apparently didn't bother to investigate the impact of their ideologically based actions.

If you are part of the Southern Environmental Law Center or Audubon Society, I suggest you ask them what is going on, or just resign. And if you work for one of these groups then I say this, "Stop Hurting Us" leave us alone. The bird is fine, it has been more than 40 years since the executive order was issued. Get a clue, don't champion a cause for the sake of there being a cause. Figure out what you are actually doing to people before you act.

-Ryan Dawson Native Island Resident.

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Old King Boyle, punishes the public for the government breaking its own rules

DC trip to lobby for free about opening the beaches
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Re: Help us get the beach open!

Post by Ry » Sun Apr 25, 2010 6:06 am

I'm giving a speech in an hour.
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Re: Help us get the beach open!

Post by Ry » Sun Apr 25, 2010 3:16 pm

This morning's speech was great, I have another one for tomorrow night. Directed at the Park Service Meeting.

The Park was created by congress and the purpose of the park service is to provide access to it. Upon the creation of the park our ELECTED officials determined from 3 differents study acts that the adjacent lands to the park such as Pea Island were sufficient for wild life and the towns were private property. There are three types of property,
Private property open for the public to develop,
Park land, open to the pubic but closed to the development, and
Wild life reserves, closed to development and the public.

The Park is for recreation. That's the law. The public was never to worry that the Park land would suddenly become private property open to developers or suddenly become wild life refuge and closed to humans. It's our park. The federal government purchased or in some cases stole the land from the public in order to create the park. The park does not belong to the park service. It is not park service land; it is park land. The park service like the police, are public servents, and they don't own the park land any more than the cops can own the towns they patrol. You work for us and it's our land.

It is outstanding that pseudo environmental groups would try to claim that closing a beach on an Island wouldn't have any economic or cultural impacts. Many of the well meaning but ignorant folks in the Southern Environmental Law center don't even know what they have done.
question 1
WHY is the public being punished for a government organization breaking it's own rules? And yet the government organization is being paid to enforce the punishment! Funny how the NPS failed to act and do their job to provide recreatoin and properly manage the park 39 years and counting, but they were so quick to act to prevent recreation.
question 2
Since when can the judicial branch use an executive order to overturn congressional law? Neither the executive branch nor the judicial branch have the power to change the law. It's unconstitutional. That's the basic foundation of Representative government, that laws come from elected legislators, not kings or judges. The constitution used to mean something. It still means something to me. Maybe not to these animal murdering fascist but it means something to me.

question 3
Why is it, when the pretext for this mess hangs on the NPS's noncompliance with an executive order about ORVs, that pedestrians are banned from walking on the beach. How did they extrapolate WALKING from a failed plan to manage driving. Notice that's manage driving not banning it!
question 4
Before closing the federally promised beaches on an Island, did the police state bother to guage the economic impact BEFORE stealing the beaches? Has there been any compensation for the residence of the Island who have lost their liberty's, business, and property values?

It is a complete slap in the face that the best justifications the crazies have for destoying a culture, closing Americas oldest recreational park, and murdering thousands of other animals, isn't even science. It's correlation studies that are not subject to peer review and don't even use empirical evidence, there is no cause and effect. All they do is count populations and decide based on ideology what the causes are, and ignore whatever doesn't fit their conclusion. That's called pseudo science, a perfect match for pseudo environmentalists.

To say the NPS was so evil they'd kick puppies would actually be an understatement for these goons are murdering animals by traps, gas, and bullets. Is this 1984? Environmental groups are supporting the murder of animals and separating man form nature. And the public is trying to reverse it. The presence of people in the park is what protects plovers from predators. Now that we've been removed they have the idiot policy of just circling the park with kill zones.
question 5
Why is an arm of the executive branch writing up laws? I'm not choosing the plans a-f that is a forced choice between the lessor of evils. This is America's park belonging to the people and here is the plan. All beaches are open to everyone all year. Turtle and bird eggs get a 4 by 4 foot rope box placed around them just like they do in Nag's Head. Parking is free, ORV's are allowed where ever there are ramps. And there are no permits, passes, or hidden taxes. People and animals are allowed to be outside, image that. The last thing we need is some government organization in Brown Shirts saying Papers Please.

The NPS should be banned from every business on the Island except for one. I teach mixed martial arts across the street in the church, and I invite Mike Murry and any other NPS cowards to come practice for free. You won't even have to pay, just sign the insurance wavier and you're good to go.

Our elected officials agree with us. Our congressman, both our senators, our governor, and our whole local government all stand 100% behind open beaches. And yet they are closed, because of an incompotent judge who routinely has his decisions reversed for "basic legal error" and hypocritical environmental groups like Audubond whose founder was a bird murdering draft dodger from French Hati. Audubon has been caught selling property it acquired for birds, to developers for 25 million dollars. This is a land of hypocrisy. I feel like it's not America anymore. I come back from over seas in Japan, and I am still looking around for the place I grew up in, because I can't find it. This isn't the same place. Hatteras isn't Hatteras anymore, maybe America isn't America anymore. That stops here and now. Open our beaches as they were or leave because you are not welcome. The NPS should do what the name implies, service the park for the nation. If they'd rather be thieves then I'd rather they not be on the island at all. Maybe we should have a state park, run by elected offices who would be beholden to the people who actually live here instead of being decree enforcing communists who get a kick out of ticketing and banning the America public for any rationalization they can. Open beaches all year! This free society won't accept anything else.
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Re: Help us get the beach open!

Post by Ry » Thu Apr 29, 2010 9:49 am

People of Hatteras NC sticking it to the man


I am on the second one, and I did a bit of civil disobedience.
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Re: Help us get the beach open!

Post by Ry » Fri Apr 30, 2010 8:47 pm

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Re: Help us get the beach open!

Post by Ry » Fri May 07, 2010 10:38 pm

ARTICLE I

Sec. 2. Sovereignty of the people.


All political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.

Sec. 7. Suspending laws.


All power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the people, is injurious to their rights and shall not be exercised.

Sec. 19. Law of the land; equal protection of the laws.

No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin



The original enabling act passed was by the US congress that created the parks. It designated the Cape Hatteras National Sea Shore as a Recreational Park. It created the park service in order to provide access to the park. Adjacent to the park they created a wild life preserve for Pea Island.

By law from the legislative branch, Cape Hatteras has public beaches closed to development but open for recreation. Judge Boyle used an executive order which does not have the power to over turn the law, as a pretext to over turn the law that created the parks by incorporating park closures within the punishment of the Park Service not complying with an executive order about managing ORVs.

1 It is already unconstitutional for a judge to overturn a law.

2 It is dually ignorant for him to use an executive order to do it because that is also unconstitutional. Judges do not make laws or change laws, they interpret whether or not people break the law. Executive order guide how a law pass by congress is enforced. They cannot reverse the purpose of a law and make it not enforced.

3 Not only is what Judge Boyle did unconstitutional on the federal level it also break the North Carolina constitution.

Article 1 Sec 7 states

All power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the people, is injurious to their rights and shall not be exercised.


(oops our county commission DID give their consent to the decree. I just want everyone to know that those morons didn't choose the lessor of two evils, they chose evil. For without their consent the judge had no power to close anything!)

Our Park created by law is now no longer open when the NPS decided to close it through the tourist season. The will of the people is ignored completely. Our representatives have no say in the matter which is unconstitutional. In fact our Governor, Congressman, and both Senators and everyone of our county commissioners (our entire elected portion of government) all want open beaches.

Laws are supposed to come from elected officials not judges or kings. We have had a law suspended because of the whims of an activist judge and special interest groups.

Also Article 1 Sec 19

"No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land."

All people have been disseized of their liberties and privileges, and we have been exiled from our once public lands which are now closed to humans. That is depriving us of our liberty and public property.



Furthermore

Sec. 21. Inquiry into restraints on liberty.

Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the restraint if unlawful, and that remedy shall not be denied or delayed. The privilege of the writ of habeas corpus shall not be suspended.

I am exercising this right because my liberty to go to the beach has been restrained,and the promise the federal government gave me when it created the law that made the public beach has been stripped away by a Judge.



Lastly ARTICLE XIV

Sec. 5. Conservation of natural resources.

It shall be the policy of this State to conserve and protect its lands and waters for the benefit of all its citizenry, and to this end it shall be a proper function of the State of North Carolina and its political subdivisions to acquire and preserve park, recreational, and scenic areas, to control and limit the pollution of our air and water, to control excessive noise, and in every other appropriate way to preserve as a part of the common heritage of this State its forests, wetlands, estuaries, beaches, historical sites, openlands, and places of beauty.

To accomplish the aforementioned public purposes, the State and its counties, cities and towns, and other units of local government may acquire by purchase or gift properties or interests in properties which shall, upon their special dedication to and acceptance by resolution adopted by a vote of three-fifths of the members of each house of the General Assembly for those public purposes, constitute part of the "State Nature and Historic Preserve," and which shall not be used for other purposes except as authorized by law enacted by a vote of three-fifths of the members of each house of the General Assembly. The General Assembly shall prescribe by general law the conditions and procedures under which such properties or interests therein shall be dedicated for the aforementioned public purposes.

Our federal congress already designated the historical sites of the lighthouses and wright brother memorial. With that they also created our wild life preserve on Pea Island AND the RECREATIONAL PARK on the rest of Cape Hatteras Island and Ocracoke Island. For a judge to just decree this away is unconstitutional.


-Ryan Dawson

Cape Hatteras resident.
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Re: Help us get the beach open!

Post by PARCGREENE » Sat May 08, 2010 10:55 pm

I think massive civil disobedience via a march to the point would draw national publicity plus show the "powers that be" they are minute compared to the actions and will of the people.

Would they arrest 100 people? Maybe. I'm not afraid.

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Re: Help us get the beach open!

Post by Ry » Sun May 09, 2010 11:37 am

it is time for civil disobedience.
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Re: Help us get the beach open!

Post by Ry » Fri Jul 02, 2010 8:55 pm

Ron Paul added his name to the cosponsors to open the beach!
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Re: Help us get the beach open!

Post by Raoul » Sat Sep 18, 2010 1:57 am

what is the current status?
Last edited by Raoul on Sat Feb 05, 2011 11:18 am, edited 1 time in total.
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