by wingspan33 » Fri Jul 26, 2019 1:08 pm
D H,
I just took a look at NYS's Castle Law. It directly involves the protection of your home/casa. There was no home involved so my duty to "retreat" from a dangerous person becomes the best legal course. And law enforcement explained to me that verbal threats become a "he said she said" situation. They didn't seem to pay any attention to me having video recorded most of the conflict - which is evidence of what he and she said to me.
As far as your and Bob's advice to join U$hPa (and RAF). The price tag would actually be $210 ($150+$60). However, I have very little disposable income and paying such fees would negatively effect my financial situation/condition.
However, there is a law in New York State called Coercion in the second degree.
A person is guilty of coercion in the second degree when he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he or she has a legal right to engage, or compels or induces a person to join a group, [or] organization or criminal enterprise which such latter person has a right to abstain from joining, by means of instilling in him or her a fear that, if the demand is not complied with, the actor or another will:
1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be instituted against him or her; or
5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
6. Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
8. Use or abuse his or her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.
Coercion in the second degree is a class A misdemeanor.
On the day this conflict occurred I had permission from the land owner to be on and launch from his property. The Rochester U$hPa Chapter (RAF) also had permission to be there.
BUT, due to U$hPa's site insurance "requirements" RAF members compelled and induced me to abstain from engaging in conduct (setting up and launching my hang glider) in which I had a legal right to engage. They did so by threatening to stop me from flying using bodily force if necessary. In addition to that, they compelled and induced me to join a group, [or] organization (the U$hPa and RAF) which I had a right to abstain from joining, by means of instilling in me a fear that, if the demand was not complied with, members of RAF or another would:
1. Cause physical injury to me, or
2. Cause damage to my property; (like my $400 camera or glider) or
3. Engage in other conduct constituting a crime
. . .
5. Cause a NYS Trooper to publicize an asserted fact (i.e., call the land owner and tell him I tried to get Rick Brown arrested - AFTER this same State trooper told me no legal action would be taken against Rick Brown), whether true or false, tending to subject me to hatred, contempt or ridicule;* or
* In deed, the land owner has since told me I am not allowed on his property - Why? Because he's my best pal, has respect for me, and always says nice things about me? No. Because the land owner now falls in the opposite direction - toward hatred and contempt at the very least.
. . .
9. Perform any other act which would not in itself materially benefit RAF or the U$hPa but which is calculated to harm me materially with respect to my health, safety, . . . calling, . . . financial condition, reputation or personal relationships.
Oddly enough both you DH, and Bob are both trying to "induce me" (in the nicest way) to join the U$hPa and RAF because you know that I may suffer some disadvantage, associated with my ability to fly, if I don't do so. This is where ". . . or another will:" comes into play.
In fact, RAF's illegal acts, as I have reported here, are acting to coerce not only me but two other people (who I would and do consider to be friends or, at least, friendly) to join a group and/or organization that I have no legal requirement to join.
In talking with Bob he's expressed frustration with me for not taking the "best" course of action - that being to join the U$hPa and RAF. I myself am frustrated with Bob for not understanding my position in not doing so. My personal relationship with Bob and perhaps other members of the US Hawks is being harmed by the actions of Richard Brown, Katrin Parsiegla and Moritz Wagner, each leading members of Rochester Area Flyers. I am suffering further harm by way of the inaction and/or ineffective action connected with a number of U$hPa personnel.
This criminal statute fits EXACTLY with events that took place on Sunday, 7/14/19 . A Sargent at the local State Trooper's barracks (who's told me he's in command there) has seen the relevance of the above statute (that I only stumbled on a couple days ago) and has advised me to speak directly with the local DA's office so the situation can't be mistakenly or erroneously minimized to where it might not be pursued.
SeeHere for article in San Diego Reader 
Also, one person involved, I only remember their first name. But I'm often surprised at what can be found on the internet.
I once filed a civil complaint in our local Federal Court acting Pro Se (as my own lawyer). The other side, with a top law firm, caved and settled before the trial could even begin. After the settlement, the other side's attorney gave me her card and told me "If you ever need legal help call me." 
