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Title: Welcome To Amerika: Family Fined, Threatened With Jail for Building a Sand Castle
Source: Free Thought Project
URL Source: http://thefreethoughtproject.com/we ... il-for-building-a-sand-castle/
Published: Apr 1, 2017
Author: Matt Agorist
Post Date: 2017-04-01 14:32:49 by Deckard
Keywords: None
Views: 19944
Comments: 146

Panama City Beach, FL — In the ostensible land of the Free, cops claim the legal authority to extort money from you, or even kidnap you for a slew of activities which have no victim. Window Tint, smoking a plant in you own home, not wearing your seatbelt, walking across the street, sagging your pants, and even juggling — can and will get you extorted, kidnapped, caged, or even killed. Now, as a recent case in Florida illustrates, we can add building a sand castle to that long list of victimless “crimes.”

Bryant Rylee and his family were at the beach last week building an awesome sand castle when they were confronted by police. The officer, who was ‘protecting society’ by patrolling the beach for illegal sand castles, told the Rylees that their sand castle was in violation of the law.

At first, Rylee thought the officer was joking. After all, he and his son were harming no one while building their most epic castle. In a Facebook post, Rylee explains that it is ‘illegal’ to build a sand castle with a hole deeper than two feet. However, he explained that their hole was only one foot deep, so there was no way it was in violation.

It wasn’t the hole from which the cop was protecting society, though — it was Rylee’s son’s equipment that was criminal. According to their obscure ordinance, only plastic tools are allowed on the beach, and they had some metal ones.

It is important to note that the officer explained to Rylee that she would let him off with a warning if he simply filled in the hole. But Rylee wasn’t buying it. He wanted to know what ordinance he was violating.

It was Rylee’s questioning of authority which led to police escalating the call. When her authority was put into question, the officer brought in backup.

Before the officer could tell Rylee which ordinance he was violating, the family was surrounded by police. In fact, four patrol units would show up and sit there for 20 minutes before any of them could produce the law which said metal beach toys were illegal.

According to FEE:

While Rylee, a devout Christian, says he supports law enforcement and prays “daily for their protection,” he also said on his social media account that, “I do believe that ‘we the people’ have a right to ask what ordinance number or to see the ordinance.”

 

Rylee is absolutely correct. In the American legal system, there is a pillar of jurisprudence known as Mens rae, which is latin for “guilty mind.” The principle itself comes from the latin phrase actus reus non facit reum nisi mens sit rea, which translates to, “the act is not culpable unless the mind is guilty.”

 

This is a standard test of criminal liability that asks the state to consider whether or not a person has broken a law knowingly before guilt can even be assessed.

After it was all over, as Rylee explains, the construction of a sand castle cost him $25 and could’ve cost him $500 and up to 60 days in jail.

When building a sand castle becomes a criminal act, it is high time we question where this ostensible Land of the Free is headed.

Bryant Rylee added 5 new photos.

This is the sand castle that cost me a $25 fine & could have cost me up to $500 & no more than 60 days in jail. Incase you didn't know, at Panama City Beach you can't dig deeper than 2ft & not exceeding 2ft long on the beach & you can't use any metal tools. I've been going to PCB for spring break for over 13 yrs, we've always built things digging with metal tools. So be sure you study your ordinances before you make a trip. My big mistake was asking the ordinance number & asking to see the ordinance. Apparently the beach patrol lady didn't like that so she called for back up...

That's when three other units arrived on the scene. One officer said, if I'd just cover the castle, I wouldn't get a ticket but if I must inquire or see the ordinance, I will receive a ticket. It took them 20 minutes to find the ordinance & it's not exactly the way they quoted. It said "2ft deep" but it didn't say "not more than 2ft long" & since I had dug only about 1ft deep, I was only ticketed for my metal tools. I do support law enforcement & pray daily for their protection. And I do believe that "we the people" have a right to ask what ordinance number or to see the ordinance. So... How many cops does it take to shut down a sand castle bandit & his son? The answer is 4! Be careful out there!

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#1. To: Deckard (#0)

So if I run along the public beach, fall in his hole, and injure myself on a metal tool, who do I sue -- him or the city?

misterwhite  posted on  2017-04-01   14:41:24 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

"It is important to note that the officer explained to Rylee that she would let him off with a warning if he simply filled in the hole. But Rylee wasn’t buying it".

Well, here we go again. As far as I'm concerned, anything that happened after he refused a reasonable offer is on him. Asshole.

misterwhite  posted on  2017-04-01   14:44:39 ET  Reply   Trace   Private Reply  


#3. To: misterwhite (#1)

So if I run along the public beach, fall in his hole,

I'd say if you are too stupid or blind to see a hole in the ground where kids are having some fun, then you alone are responsible.

As far as the metal tools, I guess you think that the kids are just going to leave them strewn around the beach.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-04-01   14:48:11 ET  Reply   Trace   Private Reply  


#4. To: misterwhite (#2) (Edited)

As far as I'm concerned, anything that happened after he refused a reasonable offer is on him.

Yeah sure - he should have just bent over and taken it. That's what you'd do, right paulsen?

You'd never question any cop or ask to see the ordinance that you are supposedly violating.

Asshole.

For politely asking what law he had broken and asking to be shown a copy of the ordinance?

You really do have that "authority fetish" thing down pat.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-04-01   14:51:48 ET  Reply   Trace   Private Reply  


#5. To: misterwhite (#1)

So if I run along the public beach, fall in his hole, and injure myself on a metal tool, who do I sue -- him or the city?

You should consult a psychiatrist to assess your capabilities of good moral judgement and sound observational abilities about yourself to perceive risk around yourself. It is obvious you have none.

buckeroo  posted on  2017-04-01   14:52:37 ET  Reply   Trace   Private Reply  


#6. To: misterwhite (#1)

So if I run along the public beach, fall in his hole, and injure myself on a metal tool, who do I sue -- him or the city?

I'd say you should sue yourself for failing to be responsible enough to watch where you are running.

Pinguinite  posted on  2017-04-01   15:04:35 ET  Reply   Trace   Private Reply  


#7. To: Pinguinite (#6)

" I'd say you should sue yourself for failing to be responsible enough to watch where you are running. "

LOL !! BINGO !!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag... We have room for but one language here, and that is the English language... and we have room for but one sole loyalty and that is a loyalty to the American people."Theodore Roosevelt-1907.

I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur

Stoner  posted on  2017-04-01   15:12:39 ET  Reply   Trace   Private Reply  


#8. To: Deckard (#0)

Let word of this get out. I am sure if will have an impact on the tourist business at Panama City Beach, FL.

When the tourist business dollars dry up, the PD budget may shrink. That will make them proud.

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag... We have room for but one language here, and that is the English language... and we have room for but one sole loyalty and that is a loyalty to the American people."Theodore Roosevelt-1907.

I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur

Stoner  posted on  2017-04-01   15:19:44 ET  Reply   Trace   Private Reply  


#9. To: Deckard (#4)

"You'd never question any cop or ask to see the ordinance that you are supposedly violating."

You mean set up a mini-courtroom on the beach to present evidence and call witnesses? You sure you want the police to do that, not a judge?

misterwhite  posted on  2017-04-01   15:20:01 ET  Reply   Trace   Private Reply  


#10. To: Deckard (#3)

"I'd say if you are too stupid or blind to see a hole in the ground where kids are having some fun, then you alone are responsible."

And the people who are too stupid or blind to see water on the floor at Walmart and slip and fall -- they alone are responsible, too? Is that what happens? They take full responsibility for being stupid and blind?

misterwhite  posted on  2017-04-01   15:24:53 ET  Reply   Trace   Private Reply  


#11. To: misterwhite (#9)

This may come as a shock to you, but it's actually in the best interests of the police to maintain a good relationship with the general public, and taking a kind rather than militant approach to people having fun on a public beach who don't know that they *might* be violating an ordinance can go a long way to promoting those good relations.

Pinguinite  posted on  2017-04-01   16:16:40 ET  Reply   Trace   Private Reply  


#12. To: misterwhite (#10)

And the people who are too stupid or blind to see water on the floor at Walmart

Last time I checked, Walmart did not have any stores located on any beaches.

Not a bad idea though. You can go shopping with the seagulls.

Pinguinite  posted on  2017-04-01   16:19:50 ET  Reply   Trace   Private Reply  


#13. To: Deckard (#0)

Where is the notice posted on that public beach that says metal shovels are prohibited there?

goldilucky  posted on  2017-04-01   17:00:19 ET  Reply   Trace   Private Reply  


#14. To: Pinguinite (#11)

"This may come as a shock to you, but it's actually in the best interests of the police to maintain a good relationship with the general public, and taking a kind rather than militant approach to people having fun on a public beach who don't know that they *might* be violating an ordinance can go a long way to promoting those good relations."

From the article: "It is important to note that the officer explained to Rylee that she would let him off with a warning if he simply filled in the hole." But the asshole refused.

So, who was acting nice and who was acting like a jerk?

misterwhite  posted on  2017-04-01   18:21:14 ET  Reply   Trace   Private Reply  


#15. To: Pinguinite (#12)

"Last time I checked, Walmart did not have any stores located on any beaches."

Really? Then where could the water have possibly come from?

misterwhite  posted on  2017-04-01   18:22:34 ET  Reply   Trace   Private Reply  


#16. To: goldilucky (#13)

"Where is the notice posted on that public beach that says metal shovels are prohibited there?"

Ignorance of the law is no excuse.

misterwhite  posted on  2017-04-01   18:26:38 ET  Reply   Trace   Private Reply  


#17. To: misterwhite, goldilucky, Pinguinite (#16) (Edited)

Ignorance of the law is no excuse.

How the Supreme Court Made It Legal for Cops to Pull You Over for Just About Anything (Even an Air Freshener)

Legal principles can be complicated, but in most courts, until eight months ago, there was a pretty simple one: Ignorance of the law is no excuse.

Then came Heien v. North Carolina, decided by the U.S. Supreme Court in December.

Now the principle is: Ignorance of the law is no excuse — unless you’re the cop enforcing the law, in which case it is, or at least can be, depending upon whether your ignorance is reasonable or not, to be determined upon later review.

8 Ways We Regularly Commit Felonies Without Realizing It

You might even commit a felony or two today, who knows?

The fact is that we live in an overcriminalized society where vague federal laws are dangerous for everyone, lawyers, judges and police officers included. This ambiguity invites varying interpretations and could stamp a permanent criminal record on the otherwise squeaky clean slate of an unknowing, harmless individual.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-04-01   19:11:20 ET  Reply   Trace   Private Reply  


#18. To: misterwhite (#1)

So if I run along the public beach, fall in his hole, and injure myself on a metal tool, who do I sue -- him or the city?

That would mean you are a dumb ass and messed up my kids sandcastle. That means you get your ass kicked. That is what happens to assholes. They get their asses kicked.

A K A Stone  posted on  2017-04-02   1:01:57 ET  Reply   Trace   Private Reply  


#19. To: misterwhite (#2)

Well, here we go again. As far as I'm concerned, anything that happened after he refused a reasonable offer is on him. Asshole.

As far as I am concerned you are a police state asslicker. You really need your ass kicked. I'm going to cry because I tripped in a hole because I am a stupid geezer to stupid to see there is a sandcastle. Your mom must have raised you as a little pussy who got bullied in school. Then you ran to your mommy and the principal. Now you run to the police man because some kid built a sandcastle. Pathetic.

The pig needs to have his ass kicked too. Oink Oink.

A K A Stone  posted on  2017-04-02   1:04:23 ET  Reply   Trace   Private Reply  


#20. To: misterwhite (#9)

You mean set up a mini-courtroom on the beach to present evidence and call witnesses?

No he means just slam your head with a shovel until you shut the fuck up.

A K A Stone  posted on  2017-04-02   1:05:32 ET  Reply   Trace   Private Reply  


#21. To: misterwhite (#10)

And the people who are too stupid or blind to see water on the floor at Walmart and slip and fall -- they alone are responsible, too?

No you are responsible. The cops should beat you up for it.

A K A Stone  posted on  2017-04-02   1:06:07 ET  Reply   Trace   Private Reply  


#22. To: misterwhite (#14)

"It is important to note that the officer explained to Rylee that she would let him off with a warning if he simply filled in the hole."

I'd fill in the hole. After I went to the store and got some concrete and stuck her head in it.

A K A Stone  posted on  2017-04-02   1:07:20 ET  Reply   Trace   Private Reply  


#23. To: misterwhite (#16)

Ignorance of the law is no excuse.

That is why the police should just shoot you. I'm sure you broke some law.

A K A Stone  posted on  2017-04-02   1:07:54 ET  Reply   Trace   Private Reply  


#24. To: misterwhite, Deckard (#14)

So, who was acting nice and who was acting like a jerk?

Because the cop offered to let the family enjoying a day at the beach off with a "warning"?

A good cop, seeing a potential problem, if indeed there was a real reason why the hole was a real problem, would have approached the family in a friendly way, complimented them on the well above average work of the sand castle, and then informed them that the only problem with it was the hole, that in fact, it was a violation of ordinance to have one that deep, and that it's a good ordinance because [fill in the blank] and then ask them to please fill it in because she's got a job to do and she sees they are having a good time, and thank you! If they ask about the exact ordinance, then take the time to look it up and show them, and if they disagree, provide them some information about how they could do their civil part to change the ordinance, and in fact, encourage them to try because it's always good when more people get involved in voicing their say in government big and small.

But no, it seems she didn't do that. Instead she employed the ransom method of diplomacy, demanding they comply in exchange for a reduced punishment. The guy is going to get written up either way. There will be file created with his name on it at the police station, so they'll know who he is the NEXT time they see him making a f**king sand castle, dammit. So, in answer to your question of who was acting like a jerk, given the story as reported, which granted is slanted, I'd answer that the the cop was a jerk.

Pinguinite  posted on  2017-04-02   1:57:16 ET  Reply   Trace   Private Reply  


#25. To: misterwhite (#15)

Really? Then where could the water have possibly come from?

Stores are private property employed as commercial zones open to the public. As such, store owners are responsible for maintaining them so they are safe for public use.

The beach in question is not privately owned and is not a place of business, so there is no owner that has a commercial level of responsibility for it's safe maintenance. So your analogy falls apart on those grounds (no pun intended). Beaches are shared public property for personal use, and making sand castles and, yes, digging holes in the sand for purposes of beach fun is normal and acceptable in the USA. Now perhaps you want to take the liberal stance that would mandate restrictions in beach use that would help ensure that stupid people don't get hurt. If so, that's your right.

Pinguinite  posted on  2017-04-02   2:05:53 ET  Reply   Trace   Private Reply  


#26. To: Pinguinite (#25)

"As such, store owners are responsible for maintaining them so they are safe for public use."

As is the city in maintaining the beaches for public safety.

They also prohibit glass containers on the beach. Do you object to that also? Are individuals who cut themselves on broken glass responsible because they're either "too stupid or blind" to see it?

misterwhite  posted on  2017-04-02   10:21:09 ET  Reply   Trace   Private Reply  


#27. To: Pinguinite (#24)

"A good cop, seeing a potential problem, if indeed there was a real reason why the hole was a real problem, would have approached the family in a friendly way, complimented them on the well above average work of the sand castle, and then informed them that the only problem with it was the hole, that in fact, it was a violation of ordinance to have one that deep, and that it's a good ordinance because [fill in the blank] and then ask them to please fill it in because she's got a job to do and she sees they are having a good time, and thank you!"

How do you know she didn't do that? I'm saying she could have written a ticket costing him $500 and up to 60 days in jail. She chose instead to give him a warning -- if he filled in the hole.

99.99% of good citizens, realizing they were given a break, would fill in the hole and be done with it. This jagoff refused to do so.

At that point, I would have written the ticket for the full amount and let him plead his case with the judge. I'm not going to stand there and argue with some asshole after I was nice enough to offer him a way out.

misterwhite  posted on  2017-04-02   10:29:53 ET  Reply   Trace   Private Reply  


#28. To: A K A Stone (#23)

"I'm sure you broke some law."

If I did, it wasn't because I was so stupid as to argue with a cop who was trying to cut me some slack.

misterwhite  posted on  2017-04-02   10:33:10 ET  Reply   Trace   Private Reply  


#29. To: A K A Stone (#22) (Edited)

"I'd fill in the hole. After I went to the store and got some concrete and stuck her head in it."

Yeah! That'll teach her to enforce the law! Damn rogue cop.

Now, after you did that, I assume you would then organize an effort to repeal all these stupid beach ordinances and allow metal rakes and shovels, holes 10 feet deep, glass bottles, alcohol and animals on the beach.

No, you probablly wouldn't. Changing the law is just too much work. Besides, I'm guessing the vast majority of the people asked for these laws to begin with. You're in the minority. So sad.

Perhaps you can find a beach more suitable to your anarchistic philosophy. Here ya go. Use your rake to clear a spot:

misterwhite  posted on  2017-04-02   10:46:25 ET  (1 image) Reply   Trace   Private Reply  


#30. To: misterwhite (#29)

If the law is immoral I ignore it.

If the law is immoral you follow it to a T.

If you lived in Germany in the 30's you would say it was the law the Jew were gassed. They should have lobbied and changed the law.

If you were alive during the revolutionary war. You would have said revolution is illegal and someone might get hurt.

You're such a wuss.

A K A Stone  posted on  2017-04-02   11:04:06 ET  Reply   Trace   Private Reply  


#31. To: misterwhite (#29)

Here ya go. Use your rake to clear a spot:

I don't have a plastic rake, paulsen, you statist.

Fred Mertz  posted on  2017-04-02   11:10:29 ET  Reply   Trace   Private Reply  


#32. To: A K A Stone (#30)

"If the law is immoral I ignore it."

There is nothing immoral about prohibiting deep holes, metal shovels, glass, alcohol or animals on a public beach. Other people have rights, too. Or do you you think the U.S. Constitution was written only for you?

You are one selfish individual, thinking that the world revolves around you and you can do anything you want. Society's rules are for other people, right?

I would suggest that you pack up your belongings and move above the tree lne where you're on your own and can do anything you want. You obviously don't fit in any organized society.

misterwhite  posted on  2017-04-02   11:17:42 ET  Reply   Trace   Private Reply  


#33. To: Fred Mertz (#31)

"I don't have a plastic rake, paulsen, you statist."

On that beach you can have any kind of rake your little heart desires. You have FREEDOM there, just like you want. Watch your step!

misterwhite  posted on  2017-04-02   11:19:56 ET  Reply   Trace   Private Reply  


#34. To: misterwhite (#32)

Like I said you would be a good loyal little non thinking nazi. Very loyal.

There is nothing immoral about building a sandcastle with a metal shovel.

Assholes who enforce stupid laws are the problem.

I'll do whatever I want and no one has ever stopped me and no one ever will.

Because my moral code God gave me is far superior to what is required by law.

You champion so called law over common sense and good morals.

A K A Stone  posted on  2017-04-02   11:36:17 ET  Reply   Trace   Private Reply  


#35. To: A K A Stone (#34)

"There is nothing immoral about building a sandcastle with a metal shovel."

Isn't violating a valid, constitutional law immoral? Isn't it immoral to teach your children to violate a valid, constitutional law? Isn't it immoral to violate the rights of others?

You don't even live there and you're going to tell the citizens of Panama City Beach what's moral and immoral and how they should live their life? Who are you to do that?

"Assholes who enforce stupid laws are the problem."

Why? Because it's easier to strike back at law enforcement than it is to change the stupid law? Change the law, idiot!

misterwhite  posted on  2017-04-02   11:52:11 ET  Reply   Trace   Private Reply  


#36. To: misterwhite (#35)

Isn't violating a valid, constitutional law immoral?

Fugitive slave laws were constitutional. Slavery was constitutional.

Back in the day you would have been shooting and maybe owning slaves.

You are not a leader you are a follower who just does what he is told. No thinking about if it is right or wrong involved. The exact kind of person God created us not to be.

A K A Stone  posted on  2017-04-02   12:03:32 ET  Reply   Trace   Private Reply  


#37. To: misterwhite (#35)

Isn't it immoral to teach your children to violate a valid, constitutional law?

You teach your kids to obey the law.

You also teach them common sense and morals.

If the law says to do something immoral you are free to ignore it. There may be a cost but doing what is right. When you do what is right and disobey an immoral law you are doing the right thing.

You're probably having a typical liberal reaction in your mind. You are thinking but who says what is moral or immoral. That is a distraction. There is a true right and a true wrong and it is in our conscience. People who say things are moral that are not are just liars.

A K A Stone  posted on  2017-04-02   12:07:04 ET  Reply   Trace   Private Reply  


#38. To: misterwhite (#35)

Isn't it immoral to violate the rights of others?

Yes it is.

For example some asshole coming down the beach and harassing people for playing in the sand.

A K A Stone  posted on  2017-04-02   12:07:52 ET  Reply   Trace   Private Reply  


#39. To: misterwhite (#35)

You don't even live there and you're going to tell the citizens of Panama City Beach what's moral and immoral and how they should live their life?

Yes I am going to comment on this article and say what I believe to be moral.

A K A Stone  posted on  2017-04-02   12:09:05 ET  Reply   Trace   Private Reply  


#40. To: misterwhite (#35)

Why? Because it's easier to strike back at law enforcement than it is to change the stupid law? Change the law, idiot!

No it is best to let them issue their puny citation. Then you fight them in court. You do it by burdening them with motions and not taking plea deals. Dragging it out and spending their money. So even when they win they still lose because you took up their time and they couldn't harass other people that they would have had the time to harass.

Do this on a mass scale and they will only have time to prosecute the real crimes and not harass someone playing in the sand. Sand that in a few hours time nature would turn the sand castle and the hole into a smooth sand surface.

A K A Stone  posted on  2017-04-02   12:13:39 ET  Reply   Trace   Private Reply  


#41. To: A K A Stone (#37)

"If the law says to do something immoral you are free to ignore it."

Aren't you also free to ignore moral laws?

How about this? If the law says to do something you consider immoral you are free to change it. Assuming, of course, you can find enough people with your sense of morality.

Isn't that the way we so things around here?

misterwhite  posted on  2017-04-02   12:14:51 ET  Reply   Trace   Private Reply  



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