"HK" wrote in message
. ..
William Bruce wrote:
"Chuck Gould" wrote in message
oups.com...
Interesting situation that could set some dangerous precedents.

A judge in Alabama is deciding whether residents living around a lake
can
decide what sort of watercraft will be allowed to use the lake.



*************

MONTGOMERY, Ala. (AP) - A state judge could decide in a little more
than a month whether to uphold an Alabama law banning high-speed
cigarette boats and large house boats from three popular Alabama
lakes.

Montgomery County Circuit Judge Johnny Hardwick heard the final
testimony Monday in a lawsuit challenging the law. He gave attorneys
for both sides 30 days to prepare proposed orders and said he would
rule shortly after receiving them.

In 2006, the Legislature passed - and the governor signed -
legislation that banned some boats from three Alabama Power Co .
lakes: Martin, Weiss and Harris, which is also known as Lake Wedowee.
Banned were cigarette boats longer than 26 feet, 11 inches and rated
for speeds more than 60 mph, and all new boats, including houseboats,
longer than 30 feet, 6 inches. Houseboats already on the lake could
remain, provided they had sanitation systems designed to prevent waste
from getting into the lakes.

Opponents of the law challenged it in court, and state Conservation
Commissioner Barnett Lawley delayed enforcement pending a ruling.

"We still feel that there's no reasonable basis to single out these
law-abiding boaters," Montgomery attorney Frank Wilson told The Daily
Home of Talladega. Wilson represents a Jasper boat dealer and several
boat owners on Lake Martin.

Montgomery attorney Bobby Segall, who represents four Lake Martin
residents, said the law "reflects what 95 percent of the residences on
Lake Martin want." He said the state has the right to set aside water
for specific uses much like it does land.

Alabama Power intervened in the case in support of the law, saying it
has an interest in protecting property values and property uses
because it is a significant landowner at the lakes.

The push for the law began after Georgia developers expressed an
interest in building a resort community on Lake Harris, provided
boating restrictions were enacted.

Information from: The Daily Home - Talladega, http://www.dailyhome.com

Judge Johnny Hardwick is a black man, well respected, but I think from a
disadvantaged background. Attorney Bobby Segall, representing the
homwowners, is president of the state bar association and gradualted in
the 70's at the very top of his law class. It will be an interesting
case to follow. Whatever the ruling of the trial court, an appeal is a
certainty.


Why is Judge Hardwick's skin color worth mentioning? Why is his
"disadvantaged background" worth mentioning? Do you think his skin color
and background mean he isn't going to be fair?

Guess: Considering the location, it may mean there's an attitude toward him
due to his skin color, in addition to whatever legal decisions he makes. Use
your imagination.