January 11, 2006
BELFAST, Maine --His objection to the state's ban on personal watercraft on Lake St. George is a matter of principle, says Mark Haskell, whose feelings on the issue are so strong that he has already spent nearly $20,000 to make his point.
Haskell, 52, of Camden, had his day in court Tuesday, but the judge indicated that the ultimate decision on his legal challenge will likely come from the Supreme Judicial Court.
A semiretired photographer who owns a camp on the lake in Liberty, Haskell invited a summons from a warden by operating a Seadoo during the Fourth of July weekend in 2005.
"I bought it specifically to challenge this law," Haskell said of the machine that cost him $13,000. Add in legal bills, and the cost of his endeavor approaches $20,000.
While pleading not guilty late last year, Haskell sought to mount an affirmative defense that challenges the constitutionality of the ban.
Superior Court Justice Donald Marden, sitting as a District Court judge, heard the case Tuesday and planned to take additional testimony in the coming months. The state will offer its defense of the validity of the ban at a future hearing.
"It seems to me, from the get-go, this has been an issue that is begging to be resolved as a matter of law," Marden said.
Haskell said bans on the watercraft are not tied to any environmental or wildlife protection cause but are imposed arbitrarily, with nearby Lake Quantabacook allowing the watercraft. "It's hit or miss," he said.
He said motorboats are typically noisier than personal watercraft, which he maintained are safer and pollute less.
Haskell said he registered a complaint with Liberty officials after residents voted at town meeting in 2003 to recommend a ban on personal watercraft on the lake, a measure adopted by the Legislature later that year. He was unable to use his camp during the summer of 2004, but opted to push the issue last year.
A lobbyist for the personal watercraft industry testified Tuesday on Haskell's behalf, but Haskell said he has received no financial or in-kind support from the industry. He said principle was his sole motivation.
"It's probably because I'm a little pigheaded," he said. "What's next? A town banning red pickup trucks?"
http://www.boston.com/news/local/mai...al_watercraft/ 
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