First we are asking that this note and the attachments be considered for publication on Rogue Forum. Also feel free to forward this little package to anyone who may be interested, particularly the media.

Although there are indications change has begun, the attached two photographs clearly display that law and justice are not synonymous in Shady Cove.The attached upper photograph show two fences, eight inches apart.This photograph is taken level.Most persons would agree that the solid fence is higher.

The lower photograph is taken from an elevated position (looking down) and clearly shows that each board of the solid fence has only one nail top and bottom and in addition are not fully driven.

We can only wonder if that is so that if the city should be honest in ordinance enforcement and find the solid fence in violation, (as it is), that it could be easily brought back into compliance as the white rail fence is.

On 7-26-2001, the city “Building Official”, George Bostic, sent letter charging that the white rail fence was in violation of city ordinance 111-1. Letters cycled between the property owners and Bostic until on 10-23-01, Bostic sent a certified letter threatening citation if the fence was not corrected within 5 days. That threat carries potential for fines up to $500 per day. Bostic cannot recall who complained about the white rail fence or who measured it as out of compliance but on 11-07-01, a public works employee finally measured the white rail fence and found it in compliance as it had always been. However, the employee failed to measure the fence just eight inches away or the fence across the street or the fence eighty feet up the street, all visually out of compliance.

To top it all, the city has charged that it is within “the police power and legislative authority of the City to abate a nuisance and to protect the public…” in this case; the nuisance from which the public must be protected is the white rail fence. This attack upon the owners of the white rail fence provoked decision to endure either large fines or to fight the expensive legal battle.

The decision was to file a federal suit. Of course the city uses taxpayers money to advance their harassment so they care not.

Why would the city cite an “in-ordinance” fence and give a pass to a fence eight inches away that is obviously higher? That is the subject of a federal lawsuit now moving its way to the 9^th district court in San Francisco, all at the expense of the taxpayers. Equally important, how safe do you feel from harassment if city hall takes a dislike to you?

Les Weaver and Karla Podlech

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