Dive Flag Law Again!!

[LobstaMan]

But the quoted ordinance states divers must display a flag. Not divers must display flags. I thought Rob (lawyer) clarified that. That would tell me that divers must carry a flag not interpreted as each diver must display a flag. I don't live in that area though so I don't know if the that is they way divers read it up there.

So, based on that, if the harbormaster puts up signs that each diver must carry a flag and then issues citations for those violating that then he would be wrong because the ordinance reads that divers (more than one so could include a group) must display a dive flag (singular). His citations would not be valid because he can't make up his own laws and ordinances as he sees fit.

You have just stated the exact reason why this ordinance is a problem in Gloucester...the divers' interpretation of the wording of the ordinance vs. the opinion of the town council and the harbormaster's of the same wording. At this point, it appears that someone will have to be cited then fight it in the state court system so we can get a definitive legal opinion on the subject. Hopefully, it won't come to that.

LobstaMan, Esquire

 

[lobsta_diver]

I went to Lanes Cove today and a new sign has been posted. It says that each diver must display a flag.

 

[rockjock3]

You have just stated the exact reason why this ordinance is a problem in Gloucester...the divers' interpretation of the wording of the ordinance vs. the opinion of the town council and the harbormaster's of the same wording. At this point, it appears that someone will have to be cited then fight it in the state court system so we can get a definitive legal opinion on the subject. Hopefully, it won't come to that.

LobstaMan, Esquire

Ahhh. Now I see. Yes, I can see that is what needs to happen. I would hope that if it goes to court with a few people the judge will let the harbormaster and city council know they can't just twist their own interpretation out of the law. It looks like it states it in black-and-white with no possible way to be missinterpreted, but they are just playing dumb because of possible pressure from other sources.