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Jerry

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I'm looking for a little advice on getting the pad rules nixed at the local skatepark in Indian Rocks Beach. We have a contest coming up in October and most of the kids won't enter because of the full pad rule, including wrist guards. What do I say to the city council to get them to drop at least the wrist guards?
friendofshralpster

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Reply with quote  #2 
well at the skatepark near my house the rule is that if they cant see that you arent wearing pads its ok. so if you wear long sleeves/pants/gloves you dont need pads. maybe try to get something like that going.
Jerry

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Reply with quote  #3 
Police station directly across street and cops fully enforce the gay ass rule. So I'm going the city council and try to do it that way. Fer craps sake, wrist guards? Thanks F.O.S.


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Reply with quote  #4 
Sounds like good rules to me! I favor requiring pads, especially wrist guards,if nothing else. Having managed a skatepark in the '70's, wrist breaks were the most common injury. I won't skate without them.

Jerry, protection is important. It's why I can still skate at 47! Now if I'd just had the right protection when I made my 1st child at 18...but that's another issue!

SDO
knucklehead

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Reply with quote  #5 
Jerry, where do you live?
Queue

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Reply with quote  #6 
Knucklehead,
According to his profile, Jerry lives in: Belleair Beach, FL.

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knucklehead

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Reply with quote  #7 
It is my understanding that Florida has a limited liability law in place. Jerry you need to check on that. Is your skatepark supervised or unsupervised? Beleive it or not, having a pad nanny on duty can actually raise liability. Do you have to sign a waiver to skate?
While I wear all my pads (wrist guards included), I feel the very minimum that the street skater needs is a helmet. Pads can hinder movement needed for street skating. I bet dollars to doughnuts that the kids who avoid that park skate without pads with no problem. Oh, what signage is on the park? Anything like "skate at your own risk"?
Jerry

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Reply with quote  #8 
Knucklehead, thanks for the info dog, The park in is unsupervised and has a sign that says all the rules and skate at own risk. Also a waiver has to be signed before skating.I was thinking that if that is in place, do they really have to enforce wristguards? Can a person still sue? Wristguards saved me from a broken wrist once or twice so maybe youre right but kids get turned away or don't enter the contests cause they don't have them. Maybe it's just go buy the damn things
knucklehead

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Reply with quote  #9 
Ok. So you have a unsupervised park, but you have to get a wiaver signed??? That makes no sense. Where do you have to go sign the waiver? A Rec Center or Community Center??? Wrist guards do work, however if they are operating a use at your own risk facility the rules need to say "Helmets, Knee/Elbow pads and wrist guards are highly recommended". If they are requiring a skater to use all the equipment and no one it there to enforce it? Do the local cops hand out tickets for not wearing all the pads?
This waiver thing bugs me... If effect, siging a waiver waives all of your rights to sue in case of an injury. A waiver is not needed if the limited liability law is in place, which I believe it is for the state of Florida. You need to check on that. The generic version of the law states that any city/town can operate a swimming pool, playground, tennis court, skateboard park, etc and not be held responsible for injurys/accidents because those facilities are use at your own risk. However, the city/town can be liable if they fail to maintain the facility and someone gets hurt because there is holes in the concrete, etc.
Here is the VA law.
"No city or town which shall operate any bathing beach, swimming pool, park, playground or other recreational

facility shall be liable in any civil action or proceeding for damages resulting from any injury to the person or

property of any person caused by any act or omission constituting simple or ordinary negligence on the part of

any officer or agent of such city or town in the maintenance or operation of any such recreation facility. Every

such city or town shall, however, be liable in damages for the gross or wanton negligence of any of its officers

or agents in the maintenance or operation of any such recreational facility."

"The immunity created by this section is hereby conferred upon counties in addition to, and not limiting on,

other immunity existing at common law or by statute."

Jerry

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Reply with quote  #10 
Kdog, you pay ten bucks a year, and sign up at the local YMCA or the local surf shop. The cops basically give you tresspassing warrants and god forbid if you are skating and on their long list. They let you slide sometimes on the wristguards but when City Council is in session, fully enforced and nobody is skating!
I'll check the law on this but it seems like if you can't sue, why enforce at least the wristguards? Thanks again for the skinny.
stillboardin

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Reply with quote  #11 
I found the Florida limited liability law. In a nutshell it is similar to what is written above, with the exception that kids under 17 must have a signed waiver. But it does not state that pads are required.

Here is the text:
#########################################
316.0085 Skateboarding; inline skating; freestyle bicycling; paintball; definitions; liability.--

(1) The purpose of this section is to encourage governmental owners or lessees of property to make land available to the public for skateboarding, inline skating, paintball, and freestyle bicycling. It is recognized that governmental owners or lessees of property have failed to make property available for such activities because of the exposure to liability from lawsuits and the prohibitive cost of insurance, if insurance can be obtained for such activities. It is also recognized that risks and dangers are inherent in these activities, which risks and dangers should be assumed by those participating in such activities.

(2) As used in this section, the term:

(a) "Governmental entity" means:

1. The United States, the State of Florida, any county or municipality, or any department, agency, or other instrumentality thereof.

2. Any school board, special district, authority, or other entity exercising governmental authority.

(b) "Inherent risk" means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of skateboarding, inline skating, paintball, and freestyle bicycling.

(3) This section does not grant authority or permission for a person to engage in skateboarding, inline skating, paintball, or freestyle bicycling on property owned or controlled by a governmental entity unless such governmental entity has specifically designated such area for skateboarding, inline skating, paintball, or freestyle bicycling. Each governmental entity shall post a rule in each specifically designated area that identifies all authorized activities and indicates that a child under 17 years of age may not engage in any of those activities until the governmental entity has obtained written consent, in a form acceptable to the governmental entity, from the child's parents or legal guardians.

(4) A governmental entity or public employee is not liable to any person who voluntarily participates in skateboarding, inline skating, paintball, or freestyle bicycling for any damage or injury to property or persons which arises out of a person's participation in such activity, and which takes place in an area designated for such activity.

(5) This section does not limit liability that would otherwise exist for any of the following:

(a) The failure of the governmental entity or public employee to guard against or warn of a dangerous condition of which a participant does not and cannot reasonably be expected to have notice.

(b) An act of gross negligence by the governmental entity or public employee that is the proximate cause of the injury.

(c) The failure of a governmental entity that provides a designated area for skateboarding, inline skating, paintball, or freestyle bicycling to obtain the written consent, in a form acceptable to the governmental entity, from the parents or legal guardians of any child under 17 years of age before authorizing such child to participate in skateboarding, inline skating, paintball, or freestyle bicycling in such designated area, unless that child's participation is in violation of posted rules governing the authorized use of the designated area.

Nothing in this subsection creates a duty of care or basis of liability for death, personal injury, or damage to personal property. Nothing in this section shall be deemed to be a waiver of sovereign immunity under any circumstances.

(6) Nothing in this section shall limit the liability of an independent concessionaire, or any person or organization other than a governmental entity or public employee, whether or not the person or organization has a contractual relationship with a governmental entity to use the public property, for injuries or damages suffered in any case as a result of the operation of skateboards, inline skates, paintball equipment, or freestyle bicycles on public property by the concessionaire, person, or organization.

(7)(a) Any person who participates in or assists in skateboarding, inline skating, paintball, or freestyle bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding, inline skating, paintball, or freestyle bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself which result from these activities. A governmental entity that sponsors, allows, or permits skateboarding, inline skating, paintball, or freestyle bicycling on its property is not required to eliminate, alter, or control the inherent risks in these activities.

(b) While engaged in skateboarding, inline skating, paintball, or freestyle bicycling, irrespective of where such activities occur, a participant is responsible for doing all of the following:

1. Acting within the limits of his or her ability and the purpose and design of the equipment used.

2. Maintaining control of his or her person and the equipment used.

3. Refraining from acting in any manner which may cause or contribute to death or injury of himself or herself, or other persons.

Failure to comply with the requirements of this paragraph shall constitute negligence.

(8) The fact that a governmental entity carries insurance which covers any act described in this section shall not constitute a waiver of the protections set forth in this section, regardless of the existence or limits of such coverage.
#################################

And another thing, I did a quick scan of the Belleair city ordinances and saw nothing that required pads. The only skateboard reference was that you can't ride at the marina, beach wall, etc.

I am not a lawyer but my guess is that a ticket would not hold much water if fought.

So maybe if the contest used a waiver form for the kids under 17 that had a clause that would hold harmless the city while not using pads they may go for that.

But please, before you fight city hall research this with a lawyer cause I am not one and may have interpreted something completely wrong.
knucklehead

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Reply with quote  #12 
Great detective work Stillboardin!!!
Jerry

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Reply with quote  #13 
Scott thanks man, that's a lot of typing. I'm meeting with two city council members and the lawyer who's idea it was to do full pads. This will really help, you guys rock!
stillboardin

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Reply with quote  #14 
lot of cut and paste of the city's website.
Derek

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Reply with quote  #15 

Hey Jerry ,

My name is derek and i have talked to you a couple of times at IRB skatepark. I was the one who found your board a while back and won the last three comps there. any way dude, about the pad thing, i am totally all against pads (but i dont mind helmets). This cop a few weeks ago wrote down basically from where i was born to what i will like to do when i am older haha. what a dick. he then made me read all the 20 some rules that are written on that sign. I am also all up for gong into the city hall meetings and explaining what i think shuld be done.
Thanks

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