Arrogance of Non-MDers

hbeaton

Sr. Member
Jun 4, 2005
354
807
Virginia Beach, VA
Detector(s) used
Minelab E-Trac
This is more of a thinking out loud kind of post.

A few days ago, in my local neighborhood, I found myself detecting in the backyard area of a middle school. I was having a good day, finding coins here and there. I was careful to put back the date as perfectly as I could. I used an old rag to pile the dirt on when I was digging. I carried a small trash bag with me to put any cans or other trash debris that I came along, to sort of maintain a semblence of cleaning up the area a little as I was taking the coins from it. A give and take if you will. Anyway, a custodian of the school came out to watch what I was doing, he watched as I put the dirt back in the holes and put the coin in my pouch. At first, he didn't say anything but then after I did that, he asked my what did I think I was doing? I told him that I was metal detecting and had found a coin (obviously) and that among other things was putting in trash I dug up in a bag to be thrown away. He gave me a really hard time about digging and messing up the ground and that it was illegal to hunt on school grounds.

I'm a patient man and I was calm and cool as he spoke. When he finished, I was going to just apologize and leave, but I didn't. I dont think in hindsight this was a bad move. I first told him that it is not "illegal" to hunt school grounds. As it's a public school, the school and anything around the school property are public goods that are shared communally and no one is excludable from it. I then showed him about what he thought disturbing the soil meant and he said it kills the grass and people could hurt themselves tripping over a hole. As this field was used by football players with quarter inch spikes all day long, i'm sure my detector holes pale in comparison to the way this field is abused. I then asked him to find another hole that I had dug. He looked for about thirty seconds and then found one. I then showed up the grid of my hunting area and about 10 other holes he simply walked over (not tripped).

In response to the legality, I asked him to accompany me about 50 feet to a sign at the entrance of the schoolyard ( I guess he never bothered to look). It was a sign from the locality saying that it was illegal to hit golf balls and that there we no dogs allowed pursuant to a local code that is on the sign. Nowhere did it say anything about metal detecting. He said well they can't put everything on a sign. I said metal detecting isnt an modern activity and that localities know about such things and if they thought it was a problem they would have put it somewhere. (maybe or maybe not). Lastly, I pulled the tax argument that I'm a student at Penn State which is the lifeblood of the town. I'm a resident of the county and pay taxes, vote in elections. Taxes which help pay his salary and maintain the school I was hunting at as some of our taxes are redistributed to local schools and parks, etc.

As this was ending, another man approached who I saw walking to his car. It was the superintendant of the school district. He at first gave me a look to suggest he was angry. He then asked who this man was and he introduced himself. The superintendant then basically scolded the custodian for what he said to me and that I indeed was right about the points I made. The custodian left and the superintendant informed me he was an avid MDer and that I could hunt here whenever I wanted and that anyone had a problem with that, come to him.

Alls well that ends well.

HH!

Don't take crap if you don't have to.

-Hunter
 

Upvote 0
I do my local parks and school. I have been ready for any confrontation with a thought out spiel about how long I've lived here and how much I pay in property taxes to support the parks and your wages bla, bla, bla, but it's never happened. Only 2 people parks people have approach me. 1 told me where the best spots were, and the other asked if I could check out an area where a woman lost her earings. Good thing for me as I have no tolerence for unreasonable people and also have a short fuse.
 

oh grizzly bare your a buzz kill ,but still a good point on your part......
 

rvbvetter said:
? ? ? ? ?Great going!!? ? ? ?I admire people that can stay calm and rational like you did. I'v not always been able to do as well. In situations like that, often times, words escape me, an anger fills me. And most likely I would have been chasing him around the field. I'm thankful there's people like you that can keep a cool head. I feel it helps to counter mistakes, that at least, I know I have made.? My hats off to you.? ? ? ? ?WTG!!? ? ? ? ? ? ? ? ? ? HH
Ditto that! I know I would have been.I try not to be such a hothead but, it usually gets the better of me.Patience is a virtue of which I am sorely lacking at times.Touche' :) :)
 

You're lucky you can even detect the schools. The public schools around here are all fenced and padlocked when they're not in session! WTG on keeping your cool!

vicki
 

Great Going!! Schools are public property..that is why they call them public schools as oppose to
private schools. Nice Job!!
 

Joe88 said:
Great Going!!? Schools are public property..that is why they call them public schools as oppose to
private schools.? Nice Job!!
While I believe that at it's simplest breakdown Public Schools are Public, our overly letigious society has put pressure on law enforcement to 1.) Protect Children from perverts, 2.) protect children from themselves, 3.) protect schools from lawsuits. There is no such pressure to protect Metal Detectors. So you will lose every time when you go up against officials. Custodians, I think I can whip. But I only do schools on Sunday, Churches on Saturday, and I have been golden so far.
 

I had a lady teacher come out of a school one time and say she didn't think I was allowed to dig there.
I WAS IN THE MULCH ??? I just said "No Problem" and left.
I don't want to point out the fact that there is no law against it because if I do they might just make that law.....Something to think about.
 

dekalb,
Over the course of the last (insert HUGE number of your choice) I have been variously a substitute teacher, a teacher, ?truant officer, an Assistant Principal, and a School Board Member.School Law is one of my pet subjects. It is a common misconception that public schools are open to the public but that is not true. In his posting he said that there were even signs which said no hitting golf balls. If the school was truly public property, no public use could be restricted. In actuality, school property is held in a Public Trust, much like State Park land which is also public property or National Park land which is also public properety. None of us need reminding of what happens if one is "caught" detecting in those areas! Loss of detector, possible loss of vehicle, possible fine and/or jail.
The "public" often seems to assume that we detectors are criminals for enjoying one of the most peaceful and fulfilling sports/pasttimes that is out there. Go figure.
grizzly bare
 

This post is more directed towards saipanman.? First, let me say that I never thought my post would generate so much feedback! It's interesting to see how people feel regarding this issues.? Secondly, my original post can be taken in a few ways but mainly there are those who think hey, he stood up for what he believed in and more power to him, GO MDing, etc.? Then there is the second, more technical side that will agree with the "alls well that ends well" closing to my post but not much else as it pertains to the "public" debate.

Ill conceed that both of you, grizzly, as you were in the capacities of school officials themselves and may have experience with the subject directly (or not) and Saipanman, who, as an attorney has a wealth of information and experience behind you that this lowly undergrad may just be beneath as far as bredth versus depth of knowledge.

But i'll respond to a few points anyway. No flame war intended of course.

You mentioned national "park" as an example.? This does not apply to national forests where as long as your finding things less than fifty years old you can detect wherever you want as long as it isn't a recognized historical site.?

Indeed I am a student at a public university, although we still receive private funding, but that's another debate, you could conceivably come into the common area of my dorm whenver you wanted and in fact im sure people do as long as they don't cause a disturbance in order to use the computer lab etc, however, you may not enter the dorm room proper as that is a private sphere within the public.?

As the school grounds are technically public property, my tuition does go to help maintain landscaping salaries and general upkeep of that property, I would think I should have access to at least the communal lawn spaces with relative ease, even if I want to metal detect. Hey, college girls love a man with a metal detector, it gives the impression the man has a big..brain.

As far as taking money from public land/legality of that, most metal detecting laws fall under the Antiquities Act of 1906 or the Mining Law of 1872, and while I did not read either act in its entireity, I does give some leeway on pure public goods, i.e. public parks, and school yards to detecting.? I guess that answers part of the legal theory question.

The trash aluminum can argument is rubish. Pardon the pun, but as people threw that can away and technically broke the law about littering on public areas that are subject to fines, I'm merely doing the community a service by cleaning up the trash. I'm Hunter the Trashman.

Secondly, as sort of a philosophical aside, John Locke kinda got this ball rolling with the whole human in the state of nature needing government to regulate that pesky thing called property in the first place.? Another thing he talked about was consent, either tacit or actual.? I would bet that most people give their consent that others who pick up trash that other people had possession over and then discarded is fine with them and would praise the activity.? I guess if I use the cans I rack up and then turn them in getting my nickel per can, I have to report that too?? Oh well, i'll donate it to charitable organization and get that deduction.

Indeed I will listing my clad totals on my taxes, seeing as I did not detect until the summer of 2005, I still have time to put that is earned income.? I won't lie, some of that money goes to pay for batteries, a nice cold Pepsi after a long hunt, etc. but I will put on my taxes.? I don't have to get a business license at least in the borough of State College for metal detecting.? I guess the small town has yet to come to speed with the times....fine with me.

I will list it on student forms for loan repayment purposes but as I will be deferring them further when I matriculate to law school in the fall, but as I will be receiving a full scholarship, I don't really care if lose my eligibility.

Taking your constitutional right to dig argument all the way to the Supreme Court, I might lose, but it will probably be the Court sticking their arguments under the Commerce clause or something.?

The angry janitor scenario will probably work in your favor, but as he had a sharp object as he approached me, I think it was rake for the leaves outside (which by the way put holes in the ground and "messed up" things too).? Plenty of "people" come to run on the track after school or to picnic on the wide spaces or bikeride on the dirt paths, or simply to walk and talk. Are we going to ban these "strange" people too?? I'm a pretty straight forward looking guy, better believe I will show up to the school board meeting ready to argue the MDers side. In fact, I could propose a cirriculum of teaching MDing to the kids as part of a science experiment, maybe the schoolboard would like that idea.

"But, people your age don't vote anyway, so no elected official is gonna care what a college kid thinks." Gosh, you have a pessimistic view of our nation's youth. Put aside the fact that more "kids" 18-24 voted in the 2004 Presidential Election than at any other time in history, I think it was about 20 million or so, not enough considering how many of us their are (we make up a good portion of a constituency, at least enough to be thought about by politicians).? We don't vote? I personally voted, and will I conceed a lot of apathy maybe that's because "grown ups" are too busy fighting over trivial crap that we feel doesn't effect us.? I see myself as more of an adult than most people my age anyway but I will stick up for my "hommies".? Lastly, I'm a polisci major at Penn State and like I said will be going to law school, so I do just a little about the politics in this country at large, and while I'm not attorney yet, three years isn't too far away.

When the Man tries to stick me in the back.? I will be ready.?

Cheers.

-Hunter
 

If only, the Government People had rediculous thoughts once in a while, I could deal with it. It's the day in day out ones, that get me. And the loopholes, that these rediculous thoughts create. That the defense lawyers will spare no expense in digging up. To use or abuse at their descretion. HH
 

HUNTER ;

? ? ? ? ? ? ? ? I for one am VERY impressed with your Attitude.

I probably Missed it Somwhere , I DON'T KNOW WHAT YOUR MAJOR IS, But After Reading your Last Post,

I think You'r going to go Far in Life.

? ? ? ? ? ? ? ? ? ? GO FOR IT MAN,

? ? ? ? ? ? ? & Stick it To 'EM.

IN LIFE, You Must Always Question Authority, Or Authority, Will Run You Over Without Looking Back !
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?Your Friend
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Jeff
 

I agree that when the powers that be get miffed, "you're wrong". While the government and the bureaucracy are huge, especially in this country (we have 13,000 school districts alone!). More logical intelligent people need to be in government so that maybe, just maybe, a few of these stupid laws never get passed (especially one to outlaw MDing). I conceed that rebutting ridiculous arguments with logic doesn't get very far but you indeed said that the government uses exactly that kind of dumb reasoning to justify laws that have real consequences on people.

Sad that this happens, but if anything it adds fuel to the fire for at least my career aspirations, as many lawyers somehow find their way into politics.

HH!

P.S.- Jeff. You better believe I'm Going For It!
 

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