In my opinion the restrictions of many communities
will eventually be decided in a case pitting constitutional
principles concerning the clash between federal
rights and state attempts to exercise their state and
local powers.
The federal laws and regulations have not been too
restrictive of state restrictions up to this time. But
ultimately when the state rules impinge on those actually
involved in interstate travel, they may find their rules will
have tougher sledding.
That is why current Florida distinguishes between the
right of the state to regulate those who are liveaboards
from those that are in transit.
The Florida case conflict between the local
ordinance and conflict with the Florida state
law. That is why the attempt of some in Florida to get
the state to amend the state law would set aside the
victory won earlier in Stuart. The Florida law
currently avoids the restrictions on travel.
Ed Kelly (& Sue Kelly)
USSV Angel Louise - a Catalac catamaran
Our Skype Phone (202) 657-6357
Email: EdKelly ("at" symbol) netins.net
On Oct 8, 2008, at 12:41 AM, Ken James wrote:
There was a very good article concerning a case
won by a boater against the city of Stuart FL in
this months issue of Southwinds, the FREE FL
boaters magazine.
It tends to support the view and claims that the
officials work against the boaters in many ways,
sometimes breaking the law doing so as in this
case. -Ken
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