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Doing what is right: Supporting the 1st Amendment

By   /   April 8, 2014  /   1 Comment

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bill-of-rights-01There has been a fight in this Country for Equality for well over 230 years. What most reasonable people expect and demand is equal treatment in law.

As you have read here and other blogs,  SBCo Ord. 3973 is about to once again reflect that tradition of equality in law we all support on both the right and left of American Politics. . Soon the San Bernardino County Supervisors will vote to Repeal Section 28.0404 the requirement for obtaining a permit when 10 or more persons with the desire to use their OHVs in common.

The Section to be repealed,  reads as follows:

28.0404 Staging; Permit Required.

No person shall organize, conduct or participate in staging, as defined herein, involving ten (10) or more persons, without first obtaining and maintaining on the property where such staging is occurring, a Temporary Special Event Permit for a Minor Event pursuant to section 84.0745 of the County Code, even though, pursuant to sub-section 84.0745(a)(2), such a Minor Event, involving less than two hundred (200) persons, would not normally be subject to the Temporary Special Event Permit process.

The Staging requirement has caused demonstrable harm to desert property owners and families. A select class of People have been denied their Right to Peacefully Assemble for common interest and common purpose. It is an affront to the 1st Amendment,  Right to Peaceably Assemble.

The Eco-Extremists like those of Community OHV Watch would have you think that if this section is repealed all of a sudden 199 people would converge on every weekend cabin to run a muck. This is farthest from the truth.

This is a Screen Shot of the lies Community OHV Watch is putting out there to defend Institutional Discrimination.

This is a Screen Shot of the lies Community OHV Watch is putting out there to defend Institutional Discrimination.

The Truth

By repealing Section 28.0404, once again families and friends will be allowed to gather on their own property to Peacefully commune with nature in a traditional way that suits them and in a manner that is consistent with the Rule of Law.

What the repeal does not do is weaken the enforcement provisions of Ord 3973.

  • 28.0403 Operating Without Permission on Private or Public Property Prohibited. Will Remain in effect.
  • 28.0405 Noise Limits. Will still be enforced.
  • 28.0406 Disturbing the Peace and Quiet Prohibited. Will still be illegal.
  • 28.0407 Penalty. Fines and Penalties will still apply.

What the Repeal will do is bring  Ord. 3973 in line with section 84.0745 of the County Code and all other legal and permissible activities that can be conducted on private property without permit.

This change is not about the OHV Community getting one over on the Environmentalists, this is about the American Tradition of Fair Play and Equal Treatment for All.

Any fair and right thinking person that believes in Constitutional Protected Rights understands, that when one identifiable group is singled out for unfair “special” treatment by government it is in fact truly morally reprehensible, discriminatory and hearkens one to reflect on the darkest shames of American History.

Fairness and Equality demand that we all be treated the same. This Repeal will go along way to righting a 3 year injustice and will be a Hallmark of San Bernardino County’s relentless pursuit of Equality of All Men and Women.

We are asking that you Join with us to voice your support of the Repeal of Section 28.0404 of Ord. 3973, by signing a letter to the County Supervisors. Please Click Here.

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About the author

Dan OBrien


Cactus Thorns has been online in one form or the other since 2001. What started as a personal blog documenting the corruption and lack of Due Process of the 29 Palms Community Development Department has turned into over these many years into a hugely popular Independent Alternative News Media Outlet. We have partnered with other media including The Desert Star Weekly, Joshua Tree Star, other blogs, indie media and an incredible staff of volunteer Reporters, Commentators and Opinion Makers to create one of the most read, honest and dependable alternative to the Local traditional Media services in the country. Thanks to you the reader we are in the 5% of most read sites in the World.

1 Comment

  1. [...] I became aware of Mr. Klasky right before San Bernardino County Ordinence 3973 was passed. His group, Community OHV Watch was instrumental in its passage. Many of us in the off road community have since banded together in an attempt to nullify or at least soften the more draconian and unconstitutional aspects of the ordinance. We have struggled to the point where we are today on the threshold of making a fair and equitable change to the ordinance that will bring it into line with the Right of the People to Peacefully Assemble on their own property. Klasky is using any and every issue he can exploit and to prevent this fair and equitable change to Ordinance 3973. [...]

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