Last Swim/Dip: Saturday 7am - also probably Saturday noon
Next Swims: Sunday noon, Monday - NEW YEAR'S DAY - NOON
Water temp: 39
Air temp: Hi 20's
Water: Calm
Kru: Lydia the Tattooed Lady, Fyn-Fin
Tattooed Lady takes temp
Kayak with Christmas lights
TTL & Fin-Fyn set the bar high for sunrise badassery.
But you too, can be a badass - join the Klode Kru for the traditional thrills, chills, conviviality and kvetching at noon on New Year's Day. Please note, this is a FREE celebration! No tickets will be sold, or money change hands. We will simply enjoy the gifts that Nature has provided. You may bring your own portable sauna* but be prepared to share!
*Friday's outrage: The OG Wim Hofer had erected a portable tent (similar to the ice fishing tents that pop up on the Summerfest Lagoon) with a chimney and sauna inside. He was proposing to charge $250/hour for its use, and as we left the beach (no blog for Friday, sorry) we saw his group of about 8 people coming down the hill.
I felt that this violated the spirit of the beach, and turned to the Kru's own legal eagle, Kahuna (Esq.) for an opinion.
His response: "Fun law school exam hypothetical. My answer would be something like this. Bradford Beach is owned by the County. The owner permits others to be on its property. The owner has the authority to prohibit a wide variety of behaviors by users of the beach. So the sheriff could break up the sauna operation. But if a typical beach user uses physical force to move another (such as someone who has set up a sauna) out of the user's way, so that the user can access a portion of the beach, the user has probably committed the tort of assault, and the other would have a theoretical civil tort claim against the user, though he would have difficult time establishing damages. It similar to the hypothetical question I sometimes get about staking down a sheet in a park to watch fireworks, or blocking off space along a parade route."
I was not totally satisfied by this, as I felt it did not answer my question, which is this:
Is not any beach goer free to wander onto ANY square footage within the public park? Regardless if a "sauna tent" has been erected over it?
Please share your thoughts in the comments below!
5 comments:
Rick from Boston is with the Kahuna on this one. If someone came to the beach and put down, say, a large blanket on which to lie, or change or keep gear out of the sand, would you feel justified in tramping over it because it is on a public beach? I think taking any kind of personal action against the OGWH (apart from, perhaps, a verbal expression of displeasure) would be foolhardy and potentially actionable. Let the county deal with it!
Dragonfly, by your argument, I should be able to go inside the beer garden building at Estabrook and help myself to a beer?
2 thoughts. (1) I know with Milw County Parks (Klode is not one), one is required to have a permit to have rights to a designated space for picnicking, ect. (2) I do believe making fires are technically prohibited, and I think there is a sign at the top of the hill with the ordinance prohibiting it. So, with that in mind, would one then be an accomplice if one is also warming up by the fire in their non permitted structure by their prohibited fire?
My question goes back to the charging for use - and what if someone dies in the aforementioned sweat tent? Do you sign a liability waiver? Does he have a business permit? So. Many. Questions. Of course I will just raise them to this group because I avoid confrontation. (although I think this would make for a lively comment section on a "Next Door" post) If someone wants to pay him $250 to use his warming tent - well I guess live and let live (unless of course you die in there...)
Die, and let die. That's the spirit!
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