In addition, the defendant will very likely be bankrupted from the legal fees required to defend himself from such lawsuit, valid or not, so it's a small consolation that the suit was frivolous. Richard <http://www.n7tgb.net/> www.n7tgb.net
_____ From: Repeater-Builder@yahoogroups.com [mailto:[EMAIL PROTECTED] On Behalf Of MCH Sent: Monday, August 11, 2008 12:59 PM To: Repeater-Builder@yahoogroups.com Subject: Re: [Repeater-Builder] Re: Registered Sex Offenders In the USA, anyone can sue anyone at any time for any reason. They don't have to even have a valid case to file a suit. Granted, it won't 'go far', and they will most likely lose (unless you get a judge who likes to make law rather than interpret it), but they can still file against you. So, while you are correct about the fact that under FCC rules you can restrict anyone from using your station, he is correct that they can file suit even though you're completely in the right. In fact, it's more likely your FRRL could get sued for holding meetings at a location that is inaccessible by the offender. It would seem to be the same basis as the handicapped have used for years to successfully sue places that were not accessible to them, and while you can legally prevent someone from using your transmitter, there is less grounds for excluding someone from a social club such as the FRRL. While I can sympathize with your situation, read the first line of this post. Personally, I've only banned one person from my repeaters, and it was because they willfully interfered with other operators (and were cited by the FCC for doing so). Joe M. Paul Dumdie wrote: > The gentleman who says that you will end up > on the wrong side of a lawsuit is just plain wrong. > The repeater trustee may limit access by licensed > amateurs to a repeater for any reason - any at all AND > the is no recourse by the excluded amateur. Since the > FRRL Aurora IL has families with children and minors > who are amateurs we exclude all sex offenders from > our membership. > > Also -we hold meetings in public places known under > Illinois law as "safe zones" from which sex offenders > are excluded; they cannot be full voting members. > > Again, the gentleman who mentioned lawsuits is > completely blowing smoke - the banned amateur excluded > from repeater access has no legal standing - period - > end of story > > Paul R. Dumdie Jr. "73" > W9DWP/R IRLP-NODE-4455 > 443.025/2A 145.270/1B/1Z/NAC-293 > ARC-Radio-8 KCARES > HERD546 EX WB9QWZ > WQGG738 AAR5CU/T > www.riflesandradios.com > > ------------------------------------ > > > > Yahoo! Groups Links > > > >
