Re: [douchekiller] Bridge Day 2015 rumours
douchekiller wrote:
In reply to:
I will not be a part of any BASE event, as an organizer or jumper, if fingerprinting of jumpers is required.
Or...issue a counter proposal to them. Every jumper will agree to be fingerprinted. However, all jumpers are now considered "talent" and as such, will be compensated accordingly for their participation in the event, taking into consideration the personal risk associated with jumping for the benefit of Bridge Day. As part of this, all T&E must be paid for by the Bridge Day Commission. A recommended rate would be $1,000 per day X 4 days + T&E. Meal allowances in the amount of $25 per day per jumper should be factored in. You, instead of being the event organizer, will take on a management agency role supplying the jumpers @ a 15% agency fee. Ongoing royalties for use of jumper's likenesses are to be paid to you and distributed to the jumpers in perpetuity minus your agency fee. Media rates apply for any promotional benefits that Bridge Day receives as a function of the broadcast airtime showcasing BASE Jumpers and is to be paid to you as the agency an distributed to the jumpers, again, minus your agency fee.
As you said, "95% of those in the room held their hands high when asked who WILL NOT attend the event if they have to be fingerprinted to make a BASE jump."
If anyone plans on taking Jason's position and organizing BD, I urge you to submit the counter proposal above. Understand this, this is the one instance where BASE Jumpers hold all of the cards. Do not succumb to the bureaucracy.
A counteroffer is absolutely the correct way to respond. They are attempting to get our agreement to their offer. In contract law there are basically 4 doors you can go through when receiving an offer.
1. Agree with the offer
2. Disagree and argue the offer - Rights are not up for debate. You do not argue that you have rights you assert them.
3. lay silent (tacit acquiescence)(you agree with them)
4. Counteroffer (conditional acceptance)- definition: A conditional acceptance, sometimes called a qualified acceptance, occurs when a person to whom an offer has been made tells the offeror that he or she is willing to agree to the offer provided that some changes are made in its terms or that some condition or event occurs. This type of acceptance operates as a counteroffer. A counteroffer must be accepted by the original offeror before a contract can be established between the parties.
Our counteroffer should include an offer to take them to federal court if they really want to push it. Not a threat per se, just an offer back to them. Conditional acceptance is non confrontational and non argumentative. You are taking control of the offer and sending it back to them. They will have the same 4 choices.
I conditionally accept your offer to collect my fingerprints upon presentment of proof*, by sworn affidavit, that by doing so, without my consent, you are not violating my Fourth Amendments rights.... etc., etc.
Fourth Amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ”
18 U.S. Code § 242 - Deprivation of rights under color of law
http://www.law.cornell.edu/uscode/text/18/242 42 U.S. Code § 1983 - Civil action for deprivation of rights
http://www.law.cornell.edu/uscode/text/42/1983 They are putting the cart before the horse. First you need a warrant, that states the probable cause that a crime has been or is about to be committed, in order to search or seize our private property, not seize our fingerprints then check for warrants. It's a clear violation of the Fourth Amendment but if we do nothing it is considered consent.
This is from the Department of Justice on fingerprinting:
http://www.justice.gov/.../title9/crm00251.htm "The Fourth Amendment does not bar the fingerprinting of a
properly seized person. "Fingerprinting involves none of the probing into an individual's private life and thoughts that marks an interrogation or search." See Davis v. Mississippi, 394 U.S. 721, 727 (1969).
So long as the initial seizure of the person is reasonable, as in a lawful arrest, subsequent fingerprinting is permissible. It is also possible that the requirements of the Fourth Amendment could be met through "narrowly circumscribed procedures for obtaining, during the course of a criminal investigation, the fingerprints of individuals for whom there is no probable cause for arrest." See Davis v. Mississippi, supra, at 728; see also Hayes v. Florida, 470 U.S. 811 (1985)."
Also,
"The gathering of fingerprint evidence from '
free persons' constitutes a sufficiently significant interference with individual expectations of privacy that law enforcement officials are required to demonstrate that they have probable cause, or at least an articulable suspicion, to believe that the person committed a criminal offense and that the fingerprinting will establish or negate the person's connection to the offense. See Hayes v. Florida, 470 U.S. 811, 813-18 ('85); Davis v. Mississippi, 394 U.S. 721, 726-28 ('69)."
We are at a spot where we can turn away and accept their offer to give away our rights or we can say NO! If we do not assert our right to engage in this activity without having our private property seized(fingerprints are personal/private property), then we are agreeing that it is acceptable behavior for them to continue do things like this.
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