[JoeF]

jaybird78 » Fri Jan 15, 2016 1:21 pm

I wonder if a class action lawsuit can be brought against USHPA.
My instructor is considering closing down because this is gonna hurt his business.
Can someone please tell me if it is an option?

https://en.wikipedia.org/wiki/Lawsuit

https://en.wikipedia.org/wiki/Class_action

[Rick Masters]

I think the writing is on the wall, Joe.
Money and effort should go in positive directions.
As the saying goes, there's nothing to be gained in beating a dead horse.

The only real and rewarding option is to form (again) a national hang gliding association that works.
(And let's not throw it away, next time.)
A risk the USHPA may face in the future is being named as an associated party should paragliders ever be found in court to be inadequate for "safe" flight in normal atmospheric conditions.

That risk is so real that all recreational U.S. hang glider pilots should walk away and start over.
I could say the same thing about commercial joyriding.
In my opinion, all the RRG money will go down that hole, then the corporation will go bust.
Sure, maybe they'll survive. Maybe they won't.
But when you're no longer involved, it's not much of a concern.

I like what BobK has done in creating the US Hawks.
It's not a formal association yet but everyone can join for free and make it one at any time, if they wish.
They can vote in the people they like and go for it.
They'd even have to vote for BobK if they wanted him in it.
Kudos to BobK for making that possible at this critical time.
He obviously loves hang gliding a whole lot and is pissed off enough to go the distance.

[jaybird78]

Iam at a loss as to which course of action to take at this point! I know I'm reaching with the thought of taking these guys to court. Any suggestions on how I can help?

[Rick Masters]

Yeah. Stop thinking the USHPA holds the answer.
Find a way to do it without them.
As long as you entangle your thinking with USHPA, you can't move forward.

It's a psychological thing.
Like when your only car blows its engine on the highway.
You're broke. What are you going to do?
You can stand there and curse.
Or you can walk.
Walk to your destination.
Work. Save up.
Get another car.

[wingspan33]

jaybird78 » Fri Jan 15, 2016 1:21 pm

I wonder if a class action lawsuit can be brought against USHPA.
My instructor is considering closing down because this is gonna hurt his business.
Can someone please tell me if it is an option?

This all depends on what the Class Action suit is based on. When it comes down to it, anybody can sue anybody for anything. So, jaybird, hypothetically the answer to your question is - Yes. A class action law suit could be brought against the USHPA.

However, in the case of a Class Action law suit, a lawyer MUST represent the "Class". So the question becomes, can the "Class" afford a lawyer? Filing and pursuing a (almost required Federal level) lawsuit can cost a minimum of $50,000 - 100,000 - to begin with. So, if the "Class" has that kind of money to spend, go for it! But the "Class" could loose all that money if they haven't got a good case (or the defendant's lawyer is better than theirs).

Next Question?

As per Rick's comments, . . . I would add that the U$hPa runs the serious risk of being charged with Federal Anti-Trust violations, as well as promoting the violation of every State's Endangering the Life of a Minor Laws (during both PG and HG tandem [joyride] flights). A new hang gliding association (the US Hawks) would not, or should not, endorse such activities.

[JoeF]

Scott,
Consider proposing text for a bylaw for US Hawks HGA that would face the child protection safety statutes.
Joe

[Bill Cummings]

Scott,
Consider proposing text for a bylaw for US Hawks HGA that would face the child protection safety statutes.
Joe

GOOD SUGGESTION!

[wingspan33]

That's easy. Recreational hang gliding does not include "joyride" tandems - for adults OR minors. Perhaps allowable (? ? ?) tandem instruction (not for compensation?) for adults only (over 18 years of age).

My best suggestion would be solo training only from small hills, or by way of methods similar to scooter towing (i.e., single place, low and slow).