Why Ludington's Kayak Guy's Arrest Affects You

[XLFD]

You may have caught the news of an arrest of a kayaker over the last weekend in one of the local media outlets, such as the MCP, and found it amusing before scrolling down to other things.  Or you could have been like me, and wanted to know more and wondered why the kayaker was pursued in the first place. 

Fortunately, our local media, who typically get the weekend press releases from the Mason County Sheriff's Office (MCSO) and run with it almost verbatim, were not the only ones that took an interest in the story.  Lynne Moore of Mlive delved a little deeper into the subject, perhaps lured by the fact that the MCSO report had two other instances of assaultive behavior on MCSO deputies over this last weekend.  Her report follows with the two other incidents edited out for focus and brevity:

LUDINGTON, MI – A sucker punch to a deputy's face allegedly by a drunken kayaker was among three assaultive incidents against Mason County Sheriff's deputies over the weekend, the others taking place at a hospital and a library of all places.

Alan Glenn Ross, 56, of Ludington was arraigned Monday for felonious assault on a sheriff's deputy, who ended up tasing the kayaker on Ludington's Crosswinds Beach. The deputy, who was called after the kayaker allegedly harrassed local fishermen, suffered cuts to his mouth, said Mason County Sheriff Kim C. Cole...

Ross allegedly had been harassing fishermen lined on the Ludington channel's north break wall, Cole said. The fishermen complained to Michigan Department of Natural Resources conservation officers who were checking for fishing licenses, Cole said.

"(Ross) paddled close and gave the DNR officers the finger and started yelling obscenities," Cole said.

He then paddled to the south side of the channel, so the conservation officers called for assistance apprehending him, and one of Cole's deputies responded, the sheriff said.

"When the deputy approached him, he started verbally battering the deputy, swearing at the deputy, refusing the deputy's commands," Cole said. "And when the deputy approached him, he punched him once."

The deputy suffered a split lip and cut on the inside of his mouth. He grabbed his taser and fired, but the cartridge misfired, Cole said.

"After the taser failed, the guy started closing in on the deputy," Cole said. "The deputy took some evasive steps and was ... effective with the second taser."

Ross was arraigned Monday for aggravated felonious assault on a police officer - strong arm and disorderly conduct, according to the sheriff's office. Bail was set at 10 percent of $7,500, and he remained lodged in the Mason County Jail Monday afternoon.

The account of this incident should make you uneasy, for even if you believe Ross was acting improperly, the facts presented indicate both the conservation officers and deputy also acted inappropriately.  Here's why.

The fisherman claim that Ross was harassing them, presumably verbally, since no encroachment or physical harassing behavior is inferred.  The DNR officers were there checking licenses and got upset themselves when Ross, still in his kayak, swore at them and gave them the 'finger'.  Ross' behavior is definitely antisocial and against normal public decorum, but he's well within his First Amendment rights to swear at a DNR officer and offer them up the finger.  Courts in Michigan and elsewhere recognize such speech as protected. 

The 'Disorderly Conduct' charge at this point is thus unfounded, as a look at that statute (MCL 750.167 ) has only one section that comes close to application, namely DC occurs when:  

"(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance."   Here are what constitutes a legal description of public disturbances.

If the eventually arresting officers could maintain that Ross was intoxicated (not just ornery) and that he created a public disturbance (which was not the case with the data given), they had no reason to harass Ross any further after his breach of social etiquette.  Presuming they made their intent to detain Ross known to him, Ross did the sensible thing by retreating across the channel to de-escalate the situation.  But the call to the MCSO was made, along with what we have to assume is the DNR officers intention to arrest the man-- for engaging in legally protected free speech.

Once Ross gets to the other side and before any punches are thrown, there is a lot of gaps in what happened.  Sheriff Cole insists that Ross was verbally battering the deputy, which one must presume is what he was doing to the DNR officers.  Battery, in legal terms, cannot be done verbally.  Cole then claims he was not listening to the deputy's commands, but perhaps Ross knew that the deputies orders were not being done in accordance with the law and of the deputy's duty to uphold all laws.

Sheriff Cole then claims the deputy approached the kayaker, still without any given reason to do so other than to unnecessarily escalate the situation or to effectuate an unwarranted arrest.  Ross did not approach the officer, the alleged 'punch' could easily have been a defensive reflex against an unlawfully acting person threatening him and rushing him with a variety of weapons at their disposal. 

Ross was then targeted with a taser which misfired, and then Ross reportedly 'closed in' on the deputy, who then fired a second taser successfully. 

Ross does not look very drunk in his mugshot, he is old enough to understand that chasing a cop who has a gun at their disposal and who is not otherwise following lawful protocol is not a smart move.  So this vaguely described altercation seems to be a stretch of what actually happened.

So the reader of this piece should be troubled that even the 'official' version of events indicate that Ross did nothing legally wrong up until his space was encroached upon by the deputy, threatening Ross with arrest with unlawful and misguided authority.  It is a recurring theme with this sheriff's office:  see also Joseph McAdam, and Kimberly Septrion to name a couple.

[shinblind]

Damnit X there is no rule that states you have to WEAR a PDF but there is a rule you have to have one ON BOARD  and AVAILABLE.

R 281.1252 Canoes and kayaks. Rule 22. (1) A canoe or kayak shall be equipped with 1 type I, II, III, or IV coast guard approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard. The devices shall be readily available and not encased in plastic bags or other type containers.

I am starting to believe the strain of the election is more than you can bear. :-)

[XLFD]

Now who's parsing the law?  I agree with you, I was less than precise in my wording here.  Here is the words I used for the DNR FOIA request, which is different:  "Any law, rule, or binding legal authority that the MI DNR follows regarding the enforcement of the usage of Personal Flotation Devices (PFDs) on kayaks, canoes, or other small watercraft made for 1-2 person(s).  Include any codified rule (administrative, state or federal) that mandates PFD usage for such vessels in the state of Michigan inland lakes or navigable waters." 

To be more exacting I could have added 'usage or possession' rather than just 'usage' which may cause confusion.

[Willy]

Shinblind could you post a link to R281.1252, Rule 22? Is this a state regulation or federal?

[shinblind]

State Rule   pg 13

https://www.michigan.gov/documents/dnr/Rules-Associated_Equipment_o...

[Willy]

Good find shinblind but I still have a problem with the entire code application. Why was it so difficult to find these rules? I also am having a problem locating the definitions that define what is contained in these code sections. We all know what a kayak and canoe are but unless they are defined in the code, the code is not applicable. I'm not saying there aren't any definitions, just that they are not located in the posted sections. Laws should not be hidden like a needle in a haystack. They should be readily available and easy to find. How did you find these codes sections and do you know where the definitions are located.

[XLFD]

Shinblind, that's what I was looking for, proof that such a rule existed.  I confer that your point has been made and proven to my satisfaction. 

You will see that the rule was passed recently in 2010 by the MI DNR and promulgated by the department as an unreferenced rule in their handbook rather than let the public know that they subverted the will of our elected legislatures, who should be the makers of such laws.  Publicly unaccountable appointive agencies like the DNR should not have such broad authority to create new directives like this, it leads to a bunch of rules that nobody can easily look up and follow.  I would point to the feral pigs situation as one of those many other times that such promulgated rules, without being diligently reviewed, were passed without regard to the negative repercussions.

[shinblind]

Speaking of pigs did you ever notice the similarity between the cast of characters at the Ludington City Council and Animal Farm?

John Shay staring as Napoleon -  The pig who emerges as the leader of Animal Farm after the Rebellion. Based on Joseph Stalin, Napoleon uses military force (his nine loyal attack dogs) to intimidate the other animals and consolidate his power. In his supreme craftiness, Napoleon proves more treacherous than his counterpart, Snowball.

Attorney Wilson as Squealer -  The pig who spreads Napoleon’s propaganda among the other animals. Squealer justifies the pigs’ monopolization of resources and spreads false statistics pointing to the farm’s success. Orwell uses Squealer to explore the ways in which those in power often use rhetoric and language to twist the truth and gain and maintain social and political control.

Krauch as Mr. Whymper -  The human solicitor whom Napoleon hires to represent Animal Farm in human society. Mr. Whymper’s entry into the Animal Farm community initiates contact between Animal Farm and human society, alarming the common animals.

Castonia as Boxer -  The cart-horse whose incredible strength, dedication, and loyalty play a key role in the early prosperity of Animal Farm and the later completion of the windmill. Quick to help but rather slow-witted, Boxer shows much devotion to Animal Farm’s ideals but little ability to think about them independently. He naïvely trusts the pigs to make all his decisions for him. His two mottoes are “I will work harder” and “Napoleon is always right.”

Kaye "Moonbeam" Holman as Muriel -  The white goat who reads the Seven Commandments to Clover whenever Clover suspects the pigs of violating their prohibitions.

Kathy Winczewski as Clover -  A good-hearted female cart-horse and Boxer’s close friend. Clover often suspects the pigs of violating one or another of the Seven Commandments, but she repeatedly blames herself for misremembering the commandments.

Tykoski as Moses -  The tame raven who spreads stories of Sugarcandy Mountain, the paradise to which animals supposedly go when they die. Moses plays only a small role in Animal Farm, but Orwell uses him to explore how communism exploits religion as something with which to pacify the oppressed.

Mayor Cox as Mollie -  The vain, flighty mare who pulls Mr. Jones’s carriage. Mollie craves the attention of human beings and loves being groomed and pampered. She has a difficult time with her new life on Animal Farm, as she misses wearing ribbons in her mane and eating sugar cubes. She represents the petit bourgeoisie that fled from Russia a few years after the Russian Revolution.

Chief Barnett as Old Major -  The prize-winning boar whose vision of a socialist utopia serves as the inspiration for the Rebellion. Three days after describing the vision and teaching the animals the song “Beasts of England,” Major dies, leaving Snowball and Napoleon to struggle for control of his legacy. Orwell based Major on both the German political economist Karl Marx and the Russian revolutionary leader Vladimir Ilych Lenin.

Various Members of The Ludington Torch as Snowball -  The pig who challenges Napoleon for control of Animal Farm after the Rebellion. Based on Leon Trotsky, Snowball is intelligent, passionate, eloquent, and less subtle and devious than his counterpart, Napoleon. Snowball seems to win the loyalty of the other animals and cement his power.

The Apathetic Voters of Ludington as Benjamin -  The long-lived donkey who refuses to feel inspired by the Rebellion. Benjamin firmly believes that life will remain unpleasant no matter who is in charge. Of all of the animals on the farm, he alone comprehends the changes that take place, but he seems either unwilling or unable to oppose the pigs.

My apologies to anyone I left out, there is only so much low hanging fruit, and a special thanks to Orwell. 

This production was made possible by my shamelessly stealing from the analysis of  http://www.sparknotes.com/lit/animalfarm/characters.html

[Willy]

Shinblind that is hilarious. As I was reading this I could picture each person as that particular animal they represent. I would classify all of the unconstitutional ordinances and laws they pass and the under the table negotiations and shady deals being hatched  as the by product of these animals, namely large piles of sh_t.

[jfc123]

As I said much prior, if the coast guard station and west was off limits and the kayak rental/approved launching was at the creamy corners/ cleaned up drain we would all be a happy bunch without any argument. This is because the COL will not clean up anything in the 4th ward it seems?

I have an idea and the people to make this happen, but I have a MDEQ statement that my bayou is not safe to use, yet the COL wont do anything even though they had the funds!

[XLFD]

The City of Ludington's best place for a water trail nexus would either be within the Loomis Street Boat Launch or secondarily their spot of land down at the PM Bayou, if they decided to improve that spot and if the contamination of the sediment wasn't an issue.  If they want to put it on the west end or near the city marina, they are just looking to spend a lot of extra tax money on something which just won't catch on, particularly when the treatment they gave kayak guy becomes well known. 

[Richard]

Whats the Michigan water trail?

[XLFD]

See this link, and follow the various sub-links to get an idea of what they are proposing, effectively coastal trails along the lake for boats, kayaks and canoes to travel.