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Personal Watercraft Ban Challenger Wins a Round in Court

November 03, 2007 - BELFAST -- A Camden man who challenged the constitutionality of a state law that barred him from riding his personal watercraft on Lake St. George has won a round in court.

Superior Court Justice Donald Marden ruled that Mark Haskell is not guilty of a civil offense for riding his watercraft on the lake because the law violates his "substantive due process rights."

The judge, ruling last week in Waldo County Superior Court, also said the state law allowing municipalities to prohibit personal watercraft within their boundaries is "unduly arbitrary." The ban on Lake St. George was adopted two years ago.

Personal watercraft have been criticized by people, especially those who own lakefront properties, for being too noisy. The state has enacted laws to minimize noise caused by the watercraft and make sure they are operated safely.

Haskell, 54, who owns a camp on the lake in Liberty, feels so strongly about the law banning them that he asked for a summons from a warden while operating a Sea-Doo on the lake during the Fourth of July weekend in 2005.

During the trial, witnesses testified that both inboard and outboard motors were allowed on the lake, and that many of them were louder than jet-driven personal watercraft. A state warden testified that personal watercraft that are used to patrol lakes make smaller wakes than power boats. Testimony that personal watercraft are less harmful to waterfowl also was given.

Marden, noting that the state has many laws regulating all types of watercraft, said that "the threat to the public welfare is created not by the instrument, the boat, but by the nature of its operation." If operated properly, he said, personal watercraft are no more dangerous to the environment, wildlife and others than other power boats, snowmobiles or marine aircraft.

The judge also pointed to a 1919 state law that establishes boating as a "fundamental right."

SOURCE: Maine Today.com
DATE: 10-30-2007


Lakes: Hales Pond
Regions: Belgrade, Mid Coast


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