Have to agree. Too many agents think they can add to the law, which is simple: We The People may do any act not proscribed, but our agents may only do those acts prescribed.
Dejure, I know it's easy to think that the desk clerk agents are "adding" to the law . When they tell you or I "no". When there isn't a specific law that forbade an action. But actually, ........ think about it : It is actually the md'r HIMSELF who is setting himself up for this. And you can't blame the desk-jockey for his making this decision . To answer our "pressing question".
Here's what I mean : It's all wrapped up in the implicit psychology OF THE QUESTION ITSELF : When you or I stand before a desk jockey and say
"Hi, can I metal detect in the park ?", there is a WORLD OF IMPLIED CONNOTATIONS GOING ON. With the
QUESTION ITSELF :
1) It implies that something is wrong (harmful, dangerous, risky, etc...) with the activity you're asking about. Because if it were benign and harmless, then WE WOULDN'T BE ASKING ! This implication is not lost (subconsciously) on the person you're asking. And presto, the wheels of their brain start turning. And what is the connotation of a man -with -a-metal- detector ? HOLES, of course, right ? (or "taking things", or whatever).
2) It implies that the person you are asking HAS the power and authority to interpret grey area verbiage . To apply to whatever your question is. Otherwise : WHY WOULD WE BE ASKING ? In other words, it implies that their say-so and their decision is needed. LEST WHY ELSE WOULD WE BE ASKING ? The moment we asked that (as if their princely say-so-was necessary), is the moment we just imputed that power to them.
AND NOTE : I am *not* saying that a city employee doesn't indeed have the power and authority to "scram" someone. And I'm not saying they *don't* have the authority to morph laws & rules, to fit a myriad of situations that might come up in the field. Sure. Because it is simply impossible to write laws for every conceivable thing that might happen in the field. That is why laws are written vaguely in the first place. And yes, cops (gardeners, etc...) have the latitude to apply as they see fit. SURE ! You can dispute them if you want, and ask for a ticket. And then take your matter before a judge later on. BUT THAT'S SILLY and no one wants to do that.
All I am saying is that if someone thinks they're going to solve this "occasional busy-body" phenomenon by waltzing into city halls ahead of time grovelling , is only going to MAKE IT WORSE ! We are only swatting hornets nests. Among people who perhaps would never have given it a moment's thought, nor never even noticed us.
If there is no *specific* law or rule that said "no md'ing", THEN PRESTO ! NOT PROHIBITED ! Since when do we need express allowance ? Would you need "express allowance" to fly frisbees ? Like a law (or rendered decision) that said : "Frisbees allowed here" ? No, of course not. And : I happen to consider md'ing as benign & harmless as frisbees.
Now sure : Avoid obvious historic sensitive monuments. And sure : Don't do nice manicured grass, and be in the middle of deep retrievals, when busy bodies are staring. And sure, you're welcome to check to see if an actual true rule or law exists. BUT DON'T SWAT HORNET'S NESTS BEFORE YOU'VE EVEN STARTED.
And I realize that some people, when I have posted this rant, will link some podunk city or beach or place that has a rule. Couple of responses to that :
A) I'll bet you dollars to donuts that the only reason such a rule exists IN THE FIRST PLACE THERE, is that some md'rs, in past decades (bless their little hearts), went in asking "Can I" questions. Hence presto : Another law was born. And ....
B) The mere fact that someone can push back against me by citing a law or rule that exists somewhere, is MERELY PROVING MY POINT that : Laws and rules can BE LOOKED UP ! Hence : NO NEED TO GROVEL !
In this digital day & age that we live in, there's practically no public place where laws & rules and muni codes, charters, etc... can't be looked up for oneself. Eg.: Dogs on leash. No fireworks. Closes at sunset, and so forth. Right ??
LEST WHY ELSE WOULD YOU BE ASKING ?
