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What to file to stop Ridiculous Security Zone in Hawaii?

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kiter78

Junior Member
So, just to get this straight.

In your little fantasy you want to sue to have the President's security decreased so you'll have more beach area to play on.

No, I just want it to be the same size that it is the rest of the year

Part of your strategy depends heavily on the respondant saying "Oh, the heck with it, we give up" and/or the United States Government suddenly realizing that they're inconveniencing and/or screwing over ordinary citizens (because if there's one thing the US Government hates, it's inconveniencing and/or screwing over ordinary citizens) and thereby conceding.

People are lazy...you never know...plus, politicians like PR, so perhaps he'd step in and say, you know it really isn't fair to stop all these people from enjoying Christmas and the Holidays...

Your proposed compromise is that the President's security be reduced to an area that could be covered by Lindsay Lohan's entourage. [\quote]

Even celebrites can't have private beaches in HI, they are banned by state law...

"my beach use is more important than unneeded B.S. (Presidential) security zones..." Because there is no paraphrasing that could beat the actual quote.[\quote]

I like it a lot as well!

Judges are bored so they'll be climbing all over each other to get a piece of this. Judicial bonus: "Pack my robes, we're going to Hawaiieeeeee!!!!" *



Kiter, from the bottom of my heart, I am most sincerely not disappointed in you. Boring/tedious morning, entertaining diversion sought. Thread delivered. Thank you so much.

Lunch break! Please provide more commentary about the President's security detail being, basically, a lazy travel agent, by 1;00. Thanks again.

*And wait a minute. Wouldn't the judge in this case already be in Hawaii?

The judge would be there, the government rep would have to fly out to oppose me if their motion to dismiss failed, if they wrote it...so far I have never had anyone write a motion to dismiss...

I'm glad your entertained, I am as well...
 
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Zigner

Senior Member, Non-Attorney
Folks - this guy is obviously denser than a koa tree. Let's just let this one fade away, k?

Aloha!


Well, it is almost 1...

There are many laws, both federal and state, that protect the publics access to the ocean and the beach. If a private citizen were to put up a bunch of buoys and tell everyone they can not access that area, it is obviously illegal...so...the question is what law/rule gives secret service / coast guard the authority to do so? That would be first research point...obiviously it exists, but what is the wording, to what extent?

Could they clear out a whole stadium? A whole airport? A whole state? The whole country? Obviously there is a limit...

And, once again, I remind everyone that the security zone in this instance is much much larger than the normal zone, why is it larger?

I would definitely fail quickly if I stated I want to decrease the presidents security for recreation beach users, but I maintain the fact that decreasing the size of this security zone and/or opening it up to non-motorized vehicles has no effect on the actual security of the president. Do you think because of the buoys no one is watching?
 

Mass_Shyster

Senior Member
what law/rule gives secret service / coast guard the authority to do so?

See These two:

TITLE 18 > PART II > CHAPTER 203 > § 3056
§ 3056. Powers, authorities, and duties of United States Secret Service

(e) (1) When directed by the President, the United States Secret Service is authorized to participate, under the direction of the Secretary of Homeland Security, in the planning, coordination, and implementation of security operations at special events of national significance, as determined by the President.
TITLE 18 > PART I > CHAPTER 84 > § 1752
§ 1752. Restricted building or grounds
(a) It shall be unlawful for any person or group of persons—
(1) willfully and knowingly to enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting;
 

justalayman

Senior Member
=kiter78;2460642]You never need a legal standing to file and create a case...
what planet do you live on? It surely isn't Earth. while you can file whatever you want, unless you do have standing, your case is summarily dismissed and it does not have to be in person. It is called a "response" and if seen as valid and you cannot prove otherwise, it is granted without so much as a hearing. btw: do you believe, for some reason, there are not federally employed attorneys already in Hawaii? Just another day at the office for them.

and, my beach use is more important than unneeded B.S. security zones...
boy, isn't this a "holier than thou" attitude and it won't get you anywhere.

You guys also forgot that judges are basically attention loving people that really do not like to dismiss cases and have basically boring days, a case like this would be interesting to them...
man are you lost. a judge makes a decision based on the laws and arguments presented.

And, whatever new guy they put on it would love a trip to Hawaii to oppose the motion in person.
You really are tripping. In person? Ya, sure.

In fact, if I was that guy I would try to skip a motion to dismiss...or write it poorly...
and so goes your extremely short career as an attorney. Oh, sorry, you don't have one now. Never mind.



I'm disappointed in all of you...the challenge of beating a security zone in open court should appeal to all!
well, when you undertand what "realistic expectations" are, your personal life, and I'll bet your love life as well, will be better.

I'm also disappointed that you don't think anyone has the right to question the size of the security zone, what if they said everyone had the leave the island entirely, would that be enough for you?
when it happens, I'll worry about it. Until then, the pres security is allowed to take what they deem as necessary actions to protect the pres.

I doubt the president picked the zone, he just said I'm staying here and some other dumb person said, it'll be easy if we just block off the entire bay
. I'm sure your are right. Security advisors make such decisions. Rarely does a pres actually control the security in that manner.



Also, remember they did this all last minute, so perhaps I could pre-arrange something else that would stop it, like a registered protest, an ordinance, etc..

I see what you are doing. You are working on a comedy career and you are trying out your routine on us. Sorry, your routine is sad.
 

kiter78

Junior Member
That is a good link...

It goes one to include that:

(e)


(1)

When directed by the President, the United States Secret Service is authorized to participate, under the direction of the Secretary of the Treasury, in the planning, coordination, and implementation of security operations at special events of national significance, as determined by the President.

(2)

At the end of each fiscal year, the President through such agency or office as the President may designate, shall report to the Congress -

(A)

what events, if any, were designated special events of national significance for security purposes under paragraph (1); and

(B)

the criteria and information used in making each designation

So, the President should have to report to congress the criteria and information used in making that trip of national significance...

I am disappointed that I could not find anything there about sizing of security zones...
 

Banned_Princess

Senior Member
That is a good link...

It goes one to include that:



So, the President should have to report to congress the criteria and information used in making that trip of national significance...

I am disappointed that I could not find anything there about sizing of security zones...

why dont YOU try to prove YOUR CASE using this site...


United States Secret Service: Frequently Asked Questions

We already know we are right
 

kiter78

Junior Member
what planet do you live on? It surely isn't Earth. while you can file whatever you want, unless you do have standing, your case is summarily dismissed and it does not have to be in person. It is called a "response" and if seen as valid and you cannot prove otherwise, it is granted without so much as a hearing. btw: do you believe, for some reason, there are not federally employed attorneys already in Hawaii? Just another day at the office for them..

So basically I file for an injunction on a grossly oversized security zone, that is larger than it is at any of time or any other place. They file a motion to dismiss that states, "We are secret service, we can block off AS MUCH SPACE AS WE WANT" and you think it will be accepted?


boy, isn't this a "holier than thou" attitude and it won't get you anywhere.

I am not the one preventing 100s of other people from using the Ocean and beaches...

man are you lost. a judge makes a decision based on the laws and arguments presented.

Now I know you have never been to court! The first time I ever went to court I had all the laws lined in a row, every t crossed and i dotted...then the judge took me down several notches...but I still won...the law is only what you can convince the judge/jury of...

You really are tripping. In person? Ya, sure.

and so goes your extremely short career as an attorney. Oh, sorry, you don't have one now. Never mind.

I am undefeated so far in my legal endeavers...

well, when you undertand what "realistic expectations" are, your personal life, and I'll bet your love life as well, will be better.

I am happily married :)

when it happens, I'll worry about it. Until then, the pres security is allowed to take what they deem as necessary actions to protect the pres.

. I'm sure your are right. Security advisors make such decisions. Rarely does a pres actually control the security in that manner.





I see what you are doing. You are working on a comedy career and you are trying out your routine on us. Sorry, your routine is sad.

I think many people are enjoying this quite a bit ;)
 

kiter78

Junior Member
Also, I don't think it is the secret service I have to contend with, I think it is the coast guard as they are the ones that blocked off the ocean area.

I also found some state laws about putting up buoys for more than 72 hours...they need to get permits to do that!
 

Zigner

Senior Member, Non-Attorney
Also, I don't think it is the secret service I have to contend with, I think it is the coast guard as they are the ones that blocked off the ocean area.

I also found some state laws about putting up buoys for more than 72 hours...they need to get permits to do that!

Ignore and he'll fade away...
 

>Charlotte<

Lurker
PS: You're probably going to want to make sure your tax returns are absolutely pristine for a while. And when you talk, please turn toward the potted plant in your kitchen.
 
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justalayman

Senior Member
=kiter78;2460824]So basically I file for an injunction on a grossly oversized security zone, that is larger than it is at any of time or any other place. They file a motion to dismiss that states, "We are secret service, we can block off AS MUCH SPACE AS WE WANT" and you think it will be accepted?
No. They will file they block off as much space as they deem necessary to afford the president the degree of protection they are required to provide.




I am not the one preventing 100s of other people from using the Ocean and beaches...
but you are claiming that your use is more important than the security of the president.


Now I know you have never been to court! The first time I ever went to court I had all the laws lined in a row, every t crossed and i dotted...then the judge took me down several notches...but I still won...the law is only what you can convince the judge/jury of...
that is what I said. He acts base on the laws and what is presented. He is not legally allowed to make law, only render decisions based on the laws in place and the evidence presented. He cannot even infer evidence not presented.



I am undefeated so far in my legal endeavers...
so? what, 3 traffic tickets and two MJ possession charges? You want to play with the feds concerning presidential security and you are in a whole different playground. They have rights to do a lot of things you will swear are illegal but they still get to do them.



I am happily married :)
you can delude yourself all you want.

the bigger question is; is your husband?



I think many people are enjoying this quite a bit ;)
So, you admit this is not a serious thread and merely meant to be humor. Good because, at best, that is what it is but to me, humor is meant to be funny and this presentation doesn't meet the criteria to be considered funny.
 

kiter78

Junior Member
No. They will file they block off as much space as they deem necessary to afford the president the degree of protection they are required to provide.

Why is so much a larger area then they normally have? That is my main question!



but you are claiming that your use is more important than the security of the president.

No - I'm saying that my use does not affect the security. The point is that the president does not normally have that large of a security zone.

So, you admit this is not a serious thread and merely meant to be humor. Good because, at best, that is what it is but to me, humor is meant to be funny and this presentation doesn't meet the criteria to be considered funny.

I think that the size of that security zone is overkill. I think that the ocean and shoreline are a sacred resource that belongs to everyone and if you take it away you better have a good reason. I do think that president security is a valid reason, but that it can be just as secure with a smaller zone or at least what they use most of the time...

I really like to find some caselaw on it, but so far no luck, I thought for sure there would be a case with the TSR, but I think their argument is worse than mine...
 
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