Laguna Beach Dive Laws

[jepuskar]

Ohh I'm so sorry for my skeptiscm. You are new to the board, you post your lawsuit here for everyone to see, it's hardly diving related..and appropriately moved to this section.

What I don't get is..... What lawyer is a phone call away to arrive on the scene just like that and especially over something this small? Sounds like you have a good relationship with your lawyer..hmmm.

There is obviously more to this story and you should bring more respect to this board with accurate information. I demand you tell us what really happened. This is essential to further engage in dialogue.

 

[NudeDiver]

In the State of California common sense must be against the law..............

Only if you fail to get a Common Sense license, from the Department of Governmental Intrusion.

 

[NudeDiver]

The Ninth Circuits' published decisions, as well as all circuits, establish precedent for all states, unless overrulled by the US Supreme Court.

Then please explain how different circuits have managed to rule differently on similar cases:

Recently, the Eleventh Circuit Court of Appeals decided two cases creating splits of authority among the federal circuit courts. The Eleventh Circuit held in Pijnenburg v. West Georgia Health System Inc. (1) that an Equal Employment Opportunity Commission (EEOC) intake questionnaire is not a formal administrative charge. This holding conflicts with holdings of the Fifth, Sixth, Seventh, and Ninth Circuits, which have held that an intake questionnaire can be considered a formal administrative EEOC charge.

thus sometimes resulting in appeals to SCOTUS to definitely determine what the law is, thus resolving such conflicts. Thanks.

Decisions of the U.S. courts of appeals are mandatory on district courts and other lower courts within the circuit. Court of appeals decisions are persuasive authority (i.e. not BINDING authority) in the other circuits, both for other courts of appeals and for lower courts. Federal courts of appeals decisions are not binding on state courts (http://faculty.law.lsu.edu/toddbruno/mandatory_v__persuasive.htm).

 

[seaducer]

Hello Scuba Board.

My challenges to several Laguna Beach dive ordinances are now before the Ninth Circuit Court of Appeals in San Fransisco.

The United States Supreme Court is the only higher court.

A decision by the Ninth Circuit will apply to diving regulations in all 50 states.

This arose out of an incident on July 2nd, 2007, when I was cited for allegedly disobeying a lifeguard. The District Attorney refused to prosecute in the interests of justice.

On May 14th, 2008, I filed a federal civil rights lawsuit against the City of Laguna Beach, which is currently scheduled for trial in May, 2009.

Leonard Porto

No offense Mr. Porto, but give it a rest. You got a ticket, it was dismissed, now what is your beef? Is this really something that should be taken all the way to the Ninth Circuit court, or even the SCOTUS? Is there not more important things for these courts to be addressing than the fact you were given a ticket after years of acting like a fool admonishing people about your Constitutional Rights?

You are placing a target on the tanks of every diver who enters Laguna Beach by dragging this out in addition to the colossal waste of time and money so far. And you may well push the city or county to close many beaches to divers altogether.

Good luck.

 

[ZeagleBuddy]

Ohh I'm so sorry for my skeptiscm. You are new to the board, you post your lawsuit here for everyone to see, it's hardly diving related..and appropriately moved to this section.

What I don't get is..... What lawyer is a phone call away to arrive on the scene just like that and especially over something this small? Sounds like you have a good relationship with your lawyer..hmmm.

There is obviously more to this story and you should bring more respect to this board with accurate information. I demand you tell us what really happened. This is essential to further engage in dialogue.

I sincerely regret I am unable to meet your expectations and demands.
I do regret my shortcomings.

Good day to you, Sir.

 

[Peter Guy]

ZB -- can you give us an update on the status of this lawsuit? Did the City file a response? If so, will you please post it as you did your complaint? Has there been a motion for summary judgment and, if so, has it been argued? If so, what is the result?

I'm curious to know what has gone one.

 

[Thalassamania]

ZB -- can you give us an update on the status of this lawsuit? Did the City file a response? If so, will you please post it as you did your complaint? Has there been a motion for summary judgment and, if so, has it been argued? If so, what is the result?

I'm curious to know what has gone one.

Me too.

 

[ZeagleBuddy]

ZB -- can you give us an update on the status of this lawsuit? Did the City file a response? If so, will you please post it as you did your complaint? Has there been a motion for summary judgment and, if so, has it been argued? If so, what is the result?

I'm curious to know what has gone one.

Thank you for your inquiry, Peter.

Here is the update in PDF format as attachments.

The City did respond.

No motion for summary judgment yet, however you are getting the Court's order regarding the City's second motion to dismisss.

Previous rulings by the federal district court are now before the Ninth Circuit Court of Appeals.

Leonard Porto

 

[NudeDiver]

Ah yes - my tax dollars at work.

 

[Peter Guy]

ZB -- Thank you for sharing that information which certainly does not bode well for your claims. Are you now thinking of giving up or are you going to stick with this to the bitter end?