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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.
Ahhh. I suppose that's one of the reasons why I've never been to
Alabama, and, goddess-willing, will maintain that standing. Judging
people on the basis of race is so...backwards.

Yes. Everyone is that way down there. Absolutely everyone.

Hey. I'm not prejuiced :}. I've been to Texas and
even Mississippi. I do love Louisiana.

And there is no racism in the Northeast?



Nah, there is no racism across the Mason Dixon Line. No matter what
stories you hear about racism in Baltimore, NYC, Boston etc you hear,
they are all lies.