Access Denied!!!

[swizzle]

Dear swizzle,

Please be advised that I am the town attorney for the town of (my town). Supervisore Raymond has indicated that you have inquired into the use of a metal detector on town property. There are many legal issues which preclude allowing this activity, including, but not limited to liability issues, and proprietary rights regarding property found on town land. Additionally allowing this hobby would set a precedent, which would leave the town vulnerable to lawsuits. For these reasons, I have advised the town board against allowing the use of a metal detector on town property.

Very truly yours,
Richard A. Kupferman

That's what I just got in my mailbox today. The were worried I would dig big holes in the woods and trip and fall into the hole causing personal injury which I could sue them for?!? I think that's what this guy is saying. That being the case then...if a child falls off the new swing set in the new town park that they are building on town property then that child could sue them. Isn't that a liability? If I was to purchase liability insures for myself then that might change their minds or not. Aren't hunters in the woods on town property a liability? People picking berry when the bears are eating them? Hiking, fishing and camping, ect.... Why am I the only liability case out there on town property? It's slow tedious and methodical, I'm not jumping off a swing set or falling off the monkey bars. ACCESS DENIED is not a suitable answer and I will persue this further. As far as property ownership goes I look at it this way. If its flashy or worth showing off then I'd be more then happy to donate it to the museum. I would not allow the town to take my finds and sell them for personal gain. If it belongs to the town then it belongs to the whole town not someones personally greedy collection. As far as coins go, who really wants to see 1800's coins in a museum, go to a coin shop for that. That could help pay for my gas, batteries, time, and effort. Like I'm really gonna find millions in gold and silver. Come on give us all a break. I need to attack this issue and see what I can do about this to get it changed. I feel that this is rediculous and unjust. I'm sorry if I seem angry or if I offend anyone with my attitude here, but I am in fact speaking my heart and mind. This letter has just given me a wildhair tonight and if anyone can help me as to which direction to go next then please let me know. This letter has surely cast a dark cloud on my day, but if I can talk to the right people then ACCESS GRANTED maybe the silver lining I'm looking for. Swiz

[Gregory]

You should be angry Swiz and what you said is true.

You should attend your town meetings and explain to them what you do and that it is no different from any other hobby applied in town.

I bet that attorney swings a mean coil

[PAPPY]

SWIZ, I STRONGLY AGREE with Greg. You should attent your City Council Meeting and ask to be heard on the issue. They can't deny you the right to speak and be heard. Prepare your statement before your go so you can choose your words and be confident in what you are saying.Just maybe..Other members of the council will see it your way....PAPPY

[Tennessee]

I would have to say yes attend the meeting. If you do not get the answers you need there right a letter to you State Rep. I know I have wrtoe some letter to my Rep, and got a huge response. Trust me Reps Love to step in and defend they are good at it cause they have power. Swiz I'm sorry you are having trouble. I wish I could help. If I can help you with letters or maybe e-mail address anyhting just let me know.

You know some peopl still see us as TREASURE HUNTERS who dig big deep holes. When this hobby has changed so much. From technology to techiques. Swiz I wish you the best of luck. Remember to think befor you speak on this matter.

Thanks Will Lane

[swizzle]

I'm not much on public speaking and I know I would look like a huge idiot in front of the crowd. I'd be stuttering and breaking out in a cold sweat. It also seems that because of my screwed up work schedule that every day there is a meeting I get stuck at work. I would love to write to the state representative as you suggested tennessee as I feel I could go far jumping above my towns authority. How do I find out who to send the letter to? Would an e-mail or personal letter be better? I'll work out a letter later today and post it to see what you guys think. It will contain a lot of what has been written above wording wise. Correct me if you think this is wrong, but I was thinking about asking them to make a "valid permit" to allow treasure hunting on town and city property. But all the proceeds go to that town or cities historical society. In my town they are selling a share of history. Everyone who buys a $25 dollar share has there name posted as one of the people who helped to restore the only covered bridge we have in our county. 100% of the share money went into restoring he bridge using the natural materials at hand. I would also be willing to put all of my finds in front of the historical society so they could decide what goes on display and what goes home with me. It really would be a labor of love for my town and not a greed driven fight to keep it all. I would think that military relics that predate the town would be of some value to the town. If anyone else can throw in a good statement or 2 then let me know. I don't believe that this is the only town that would deny MDing access. This fight could be yours, too. If I succeed then the next person who runs into this problem might know how to go about getting access to hunt in there hometown. Swiz

[PAPPY]

SWIZ, IF I CAN BE OF HELP IN YOUR LETTER WRITING...JUST HOLLER...PAPPY

[Metalman]

Swiz


Public areas are public areas, the city attorney has over stepped His bounds, You might try a simple face to face with the Mayor of your fair city.

I have never asked the city council for permission to hunt (public areas) Ive just always assumed that I had it until Im told differently and shown a city ordinance that is in place to prove it which has never happened,, Remember if its not in the ordinances then its opinion not law.



Rick

[Gregory]

Rick's right Swiz, Public areas are for the public. Take the park / playground for instance: Folks would go there to:

• Play basketball
• play baseball
• roller skate
• swing
• see saw
• picnic
• tennis
• hockey

Well now, since these other folks get to apply their sport or hobby then why can't you apply your hobby of metal detecting?
Heck, anyone can twist an ankle or fall and get hurt.

Sounds like your being discriminated against and I'm sure they know the consequences of discrimination

I'd talk to the mayor in person and tell him you just want to work your hobby like everyone else with no harm done.

[Blythe_Spirit_47]

I am pretty new to this and I am very discouraged already. I called AAA about an empty lot they are getting ready to put a new building on and they told me for liability reasons they couldn't let me do it. I realize this is private property but I think this is the trend. It is a huge, absolutely empty lot where there used to be a house that was built in the late 1800's. I think Metalman said it best with this:

"I have never asked the city council for permission to hunt (public areas) Ive just always assumed that I had it until Im told differently and shown a city ordinance that is in place to prove it which has never happened. Remember if its not in the ordinances then its opinion not law."

I think it is the fact that we are polite enough to ask. It gives them the option to say no too easily. If I would have gone to that empty lot and just start detecting nobody would probably say a word. I realize there are a lot of people who want to sue for little or no reason but they should realize that this is our hobby and we want to be able to keep doing it, not get some little settlement. I pick up broken bottles before some kid steps on it, pull tabs, and even keep an eye on kids whose parents don't seem to be anywhere in sight.

I understand your anger very much and I hope you have some luck in changing things in your town, I believe you will.

[xenaswolf]

Swiz, I agree, write your state reps, ALL of them. Write the Mayor. Write a letter to the editor of your local newspaper. Get your local news media involved. They LOVE to get involved in underdog stories. If you are lucky, maybe a local TV station will film you recovering a target so you can show how little damage is done and make an a$$ of the City Attorney.

The squeaky wheel gets the grease. Start SQUEAKIN!!