Delaware Takes Away Basketball Hoop On Street

Submitted by: Pooptart19 5 years ago

I can see the future of America. A future without street hoops. God help us all.
There are 120 comments:
Male 22
Hi... We`re in Delaware.
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Female 7
Klivel: I`m not sure exactly what you`re getting at. If you`re implying I insulted you, I did not. Nor did I see a `handful of insults directed at you` from Jonix. At best, she called you a `Troll,` which, having your non-argument deflected toward me doesn`t seem too far from the truth. I will not feed you. Peace. ;-)
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Male 106
Ahyemi: saying on the one hand that we aren`t arguing, then using the other hand to type out a handful of insults directed at me is, at best, a mixed message.
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Male 138
Police state... this is just absurd. Revolting at least.
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Female 74
http://en.wikipedia.org/wiki/Grandfather_clause

Based on wiki`s definition and modern examples, I still don`t see how the Grandfather Clause could NEVER have worked, especially when the law they`re acting on was was approved in 1998, and the pole has been there since the 1950s, and I don`t see anything in this bill that states specifically that it applies to violations that WEREN`T violations decades before the making of the new law.
http://delcode.delaware.gov/sessionlaws/ga139/chp318.shtml

But despite ALL of that, I will say again that my ONLY point was: McCafferty violated the law and dealt with the consequences; those DelDOT workers acted without human decency and should ALSO be punished. The end.
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Female 7
Sorry, Klivel, but I think Jonix summed it up when she clarified that there is no argument between you two. Continuing to dispute nothing is getting tiresome...
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Male 106
system, we award it attention instead.
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Male 106
Basically, here`s the issue I take with these people: rather than working within the system as it exists, they thought it would work the way it does on daytime drama legal shows. They demonstrated ignorance, and by itself that would be forgivable. But they went a step further and elected to block public servants from doing their job when ample notice was given.

The letters were sent certified mail. They had to sign for them. No letter was ever sent that said "yea, nevermind about that deadline thing. lawyer magic made us forget the law was there."

Rather than take their lumps as a cost for being somewhat stupid and completely arrogant about the way the legal system works, they essentially have a basketball goal temper tantrum.

It was their own inaction and ignorance that caused all of this, and now people are feeling sorry for them all across the country. Stuff like this? This is why we`re getting dumber. Instead of punishing ignorance of our syste
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Male 106
Jonix: oh, so because I`m just as willing to defend my point of view as you are, suddenly *I* am a troll, while you`re what? Yea, I see that "holier-than-thou" thing you mentioned is contagious. Better get thyself quarantined before you start wearing an FBI sweater around.

The "grandfathering thing" wouldn`t work because of the wording of the law. It`s designed to take into account the fact that the goals already exist before the law was passed. Otherwise it wouldn`t have language to the effect of removing goals, it would simply block the installation of new ones. Savvy?

And coming on the predetermined date to take action on the letters you sent isn`t barreling in like raging bullies.

I acknowledge that they wrote their state representative, and felt like that did them a lot of good. What they didn`t consider is that the legislative branch they were contacting cant directly impose its will on other branches. Isn`t checks and balances fun?
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Female 74
Protesting the law in the manner he spoke of ISN`T ignoring it. You seem to see so clearly all the "warnings" DelDOT so generously granted this guy, yet REFUSE to see how the family took action PRIOR TO THE MAKING OF THIS VIDEO. And how do YOU know what would have been ruled in the "grandfathering" thing? DelDOT didn`t give it a chance before charging in like raging bullies. Maybe the judge would have had MY mindset, not yours.

You see McCafferty as a brat throwing a tantrum?? Fine, whatever. I see a holier-than-thou, disrespectful, spiteful c*nt who can`t even be bothered to put on her uniform when she`s on duty.

And just FYI, I was NEVER trying to dispute "THE LAW." It being a retarded law is COMPLETELY beside the point. Was DelDOT justified in removing the pole? Sure. Does that give them the right to treat these people like sh*t? NO. Even YOU don`t deny that.

So seriously, WTF do you think you`re arguing with me over, Troll?
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Male 106
while you wait.

Know what would have kept his hoop from getting destroyed? If he`d moved it when the first letter arrived and just petitioned for permission to place it back beside the street, instead of pitching a fit like a three year old who stamps his feet and says "nuh uh! sixty years old means I get to ignore you! lalalalalalala!"
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Male 106
Jonix: having a lawyer on retainer doesn`t make a law not in effect... What he should have done is remove the pole while the situation got moved through the courts. If, in the end, the courts decided his petition had merit which, since the law was actually tailored specifically to remove hoops like his, I really doubt: then he could just put it right back where it was. In the mean time, I repeat: you don`t get to ignore a law just because you don`t agree with it. It just doesn`t work that way, no matter what you feel is right.

I`m not defending them, or myself. I`m just saying there are paths of law-protesting behavior that are legally acceptable, and the one they chose isn`t one of them.

Oh, and the "stays as-is" thing requires a cease and desist order. Which requires a judge to have heard the case and ruled in his favor. That`s considerably more than just talking at eachother through lawyers. The system takes time, but you don`t get to ignore a law while y
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Female 74
Klivel, you`re starting to sound like one of those officers trying to defend yourself.

You say these people "waited until the end of the deadline?" No, they did not. He stated in the video that he sent a letter in response -- even got his state representative involved. That, to me, does not sound like they were acting out "in the last second." They were waiting for a response they never received.

If you watch the second video where McCafferty picks up his pole (it was destroyed, btw), he points out another man who got his lawyers in communication with DelDOT`s lawyers. Maybe he was another man who got the letter, who knows.

I don`t know much about "the law," but I thought that when you get lawyers involved, pretty much everything is left as-is until they can get things worked out.
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Male 7
ahh the sting of goverment bull poo lying at least i dont feel like that its only my city thats getting treated this way
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Male 106
But considering they didn`t elect to arrest her for interfering with an officer in the line of his daily work, AND didn`t impound the vehicles... both things that are, like it or not, well within the scope of their power to legitimately do in this instance... I feel like a stern "don`t call names in front of them next time" is about all that`s necessary.

Personally, I wouldn`t have called names, threatened, and all that nonsense. I`d have arrested her and impounded their cars. It would have made the officer`s job go more quickly and efficiently. And they`d have gotten a free lesson in how NOT to protest a law you dislike.
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Male 106
I`m just going to say that someone whose response to being sent certified letters informing them they needed to remove something weeks in advance was to wait until the day of the deadline and climb up in it to camp out... whether she IS crazy or not, I`d certainly be tempted to believe that she was.

The constitution gives us the right to demand a redress of grievances if we feel that an unjust law has infringed upon our rights. It does NOT give us the right to say "well... dumb law, I`m gonna ignore it, and block those who are trying to enforce it." That would be *gasp* against the law.

So... were the officers unprofessional in some of their responses? (for the record, I`m hesitant to take her word for the brandishing a weapon bit) I`ll grant some names may have been called in anger by those present, so yes. They were unprofessional.

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Female 74
Regardless of whether or not they were "just doing their job" based on some stupid law which should never have been passed anyway, they did it in a highly unprofessional manner, and I believe that calls for consequences. THAT was my argument.
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Male 106
Jonix: yes, and this link spells out what actually happened leading up to the events in the video.

I`m not defending the woman who elected to lie about where the pole was to be left. Nor will I condone any name calling that may have taken place, because that`s just being unprofessional. But I will reiterate that the police and city workers were doing their job, and broke no laws by taking the basketball hoop away.

Several certified letters were sent to the eight homeowners giving them a deadline to remove the hoops themselves. One of them did so. The other seven lost their hoops. Though I do sincerely believe that the city isn`t just dumping them in a landfill, and the homeowners probably have ANOTHER deadline by which to come and claim their removed pole before it goes bye bye.
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Male 10,845
[quote]His basketball pole is planted in public property[/quote]

Ummm.. actually no. When you buy a house you actually buy a section of street right in front of it and agree to let it be used by the public.
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Female 74
And did you hear her say, "Oh, here comes the crazy wife." F*CK YOU, B*TCH! You can tell by the way she talks to the guy that she thinks she`s hot sh*t, and that everyone is beneath her. People like that should NOT be in positions of authority.

This link talks about their first encounter with DelDOT. If this is true, these same a$$holes made unreasonable threats and used weapons and misleading information (FBI sweatshirt) to intimidate.

LINK

I really hope they can make a case out of this. I agree with the guy that those people should be fired for misconduct and abuse of power.
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Female 74
I`m sorry, Klivel, but I can`t just take DelDot`s side with the sole defense of "it`s the law." Those people were disrespectful, lying twats. They MAY have had the authority to remove the poles, but it is not clear whether they had the right to TAKE them away from the owners.

If they DID have the right to take the poles, then WHY LIE ABOUT IT?! I`m pretty sure officers have the authority to lie to obtain evidence or to get themselves or others out of dangerous situations, but in NO WAY is this a life-threatening issue, and there is NO REASON why they couldn`t just say, "No sir, we won`t leave the pole here with you, but you`re allowed to come pick it up afterward." Lying to make him cooperate just because it makes it easier on YOU... I`m pretty is not in the rule book.

When a student curses out his teacher, the teacher isn`t allowed to be vulgar in return. "Authority figures" need to set the example.
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Male 106
You can`t sue someone for being an non-nice individual. It has to actually cost you something besides annoyance. They took his goal. He has to go and get it back. Alright so that`s... a gallon of gas maybe to drive up there. An hour out of his life.

Value? Maybe thirty bucks, if that much. It costs more than that to file the necessary paperwork with the courts in most places. What, you think they`re going to award punitive damages for pain and suffering or something? Yea, sure. It`d get tossed out of court. It has no merit.

Stupid people shouldn`t be so quick to act all litigious.
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Male 229
She can be sued for that, and I hope the bitch does.
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Male 718
I hope she gets raped and murdered for being such an evil lying bitch.
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Male 9
I got a couple points:
-Yelling at the guys removing the pole... they are just doing their job, they dont have a choice.
-The government Rep, flat out lied to them about keeping the pole. Though im not too surprised.
-Kinda sickening that tax payer dollars are being used for such an negotiable issue.
-As always the limited back story on the people involved and the motive makes it hard to really make a full judgement.
-Overall it just seems like a waste of time for everyone. Even myself, cause i just spent 3 minutes writing this.
-Finally, Can`t we all just get along?
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Male 296
Dang this is as bad as Iran taking away dogs.
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Male 2,422
She totally did lie though.
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Female 3,001
alsooo
just to put some middle ground in this, if the state wanted the hoops moved, they should have written letters to the familys to instruct them of what was going to happen. then the familys could have had times to arrange there own ways of moving the hoops, maybe like to their back garden or something. just a thought.

still doesn`t feel right though.
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Female 3,001
well that wasn`t very nice to watch :(
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Male 106
easement to prevent children from doing so. And personally, I`m most shocked that the "state representative" he had correspondance with didn`t check to see if the guy had a variance to have the hoop there in the first place.

You can`t grandfather in the violation. Modern easements are a product of the right of eminent domain, which has been a part of our legal system since before there WAS a legal system.
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Male 106
@handys003 No. Not many. ALL. There is not a city in this country without building codes. Period. And your analogy is flawed. The easement isn`t to protect people`s safety, its to protect the cities ability to maintain it`s utilities. There are utilities on cul-de-sacs too.

Look, the bottom line is his hoop, sixty years old or not, has always been within the confines of the city`s easement. They were not in the wrong, legally. The "specific eight" being targeted were, I`d wager, the ones beside the street (which is, for the record, the part of the easement that should absolutely remain cleared of obstruction. City workers don`t get paid to move your poo out of their way) They were in the grossest violation of the easement. They were removed. It NEVER shows a single other goal on the street being left alone.

Ever think maybe the whiny jackass just didn`t want kids encouraged to play in the street? Maybe? So he used the fact that the hoops violated a utility e
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Male 2,402
@Klivel
Yes the ocean is dangerous too. Should we just ban people from the beaches also to absolve safety regs.

Yes many areas have such codes. However they were not working on the lines. It was not a danger. Basically it was on the end of a cul-de-sac. It was a whiny jackass neighbor who probably couldn`t stand the noise of children playing on his route.

If you heard the report given it was a specific eight being targeted. The other hoops on the easement were not touched among many in the neighborhood. This is a prime example of overzealous government pure and simple that lacks reason.

Another thing you don`t have to take the hoop. You can take it down for work and when done put it back up. Easy solution but nooooo.. it is just a d*ck move.
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Male 2,402
@nettche98
Freak it just sue the bastards.
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Male 377
I`m not reading all of these posts but the phase "grandfathered" comes to mind and yes, the PIG BITCH lied, by omission but lied nonetheless.. Lying pig....
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Male 1,053
Right? Moral? They followed what the law prescribed. They sent him a certified letter informing him of the violation and gave him a chance to remedy it. He didn`t. They enforced the law. Period.

Imagine if the opposite had happened. They go around the neighborhood, equally enforcing the law and removing the offending obstructions (hoops in this case). Then they get to this guy and he pleads his case and he cops/DOT workers say `aww shucks - we can`t remove pole that`s been here for 60 years even if you haven`t been. It just ain`t right!` and they go on their merry way. If I were anyone else that had a hoop removed I would be livid! Why does he get to keep his? Who does he know? Who did he pay off? I`m gonna sue!

I don`t agree with speed limits. I just don`t understand why I have to go 55 on a 5 lane highway when nobody else is there. But if I get caught what`s my excuse? It just isn`t right? Confronting people enforcing the law doesn`t work-tell it to
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Male 2,424
It`s theft and it`s criminal. Shame on them.
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Male 153
To the guys defending the police, sure it`s legal, but is that seriously the right, moral thing to do? If you guys are arguing over technicalities, wouldn`t it more mature to have a both parties informed and genuine discussion to happen than to just show up to someone`s house and removing their property.
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Male 106
A perscription easement is basically one that accuses a dominant estate of having used the property in a hostile, continuous and open manner for a statutorily prescribed number of years. In this instance, even that argument holds very little water. You`d be laughed at by code enforcement. Right before they sided with the DOT and ticketed you for blocking the legal use of an easement by refusing to move your car. Which would be towed.

Again, this isn`t something which can be argued. The only thing up for debate is if she lied to him. She did. Buy his basketball goal hasn`t exactly been put in a landfill. Call the DOT. Go and pick it up. Climb down off your cross, no one`s trying to persecute you.
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Male 106
All of these arguments are neglecting one indisputable truth: in every state in the country, in every county [or Parish, for Louisiana] in the state there are building codes. Part of these codes is that EVERY building has to have within its plans an "easement" for public utility use. Storm drains, phone lines, electric power poles, etc etc. The standard distance for this easement is TEN FEET from the road extending back onto the property. The existence of this easement is an accepted necessity in the modern world, and it gives them the undisputed right to do whatever they feel necessary to protect the interest of utilities. Say, for example, they needed to bury a new fiberoptic cable, and the most cost efficient place to bury it in a given neighborhood had things impeding it. The easement lets them bury the line anyways, and move the things. That simple. Perfectly legal. You have no right to "sue them". All you can do is petition for a prescription of the easement.
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Male 1,053
@handys:

Even IF they did lie, instead of the police collectively misspeaking (cuz they don`t know what they`re talking about/don`t know the law), what could he possibly sue for?

How was the outcome different? What were his damages? How were his damages different if the police didn`t `lie`? End result is the same. No pole.

Have a court say `yup you`re right - what they told you wasn`t true` and `have a nice day` because you have no damages?

And again, he even said he didn`t believe them based on his own observations and what he heard from other neighbors...

The guy `off camera` - a State Trooper - clearly says `the law is they have to take it`, but they `offer you the courtesy of letting you keep it`. Maybe the DOT workers changed their mind about offering a `courtesy` because the guy was giving them a hard time... Doesn`t make the cops liars...

Whatever...
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Female 74
Hey, you remember that time when kids used to go outside and play? And now all they do is sit inside and play video games all day and gaining weight, even after people "encourage" them to "go outside and play"? Gee, I wonder why that is...
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Male 2,402
@nettech98

You indicated she misspoke. However 2 others off camera said the same thing with her. Then after he reiterated she said he could keep she denied that. However she did. This is not misspeaking it is a outright lie. He has evidence to sue and cost his taxpayers more money from court time used.
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Male 2,402
Well now it seems the Delaware rich and politicians really has there priorities straight.

I always wondered why you never see Delaware schools win Championships. Freak the kids are shut down.
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Male 1,053
@Rheaonon: Three possible outcomes:

1) They wait until you move your car - tomorrow, next week, whatever.

2) They knock on your door and ask you to move it, and you do.

3) They knock on your door and ask you to move it, and you don`t. Since you are now willfully disobeying a lawful order, they ticket it. They don`t just move your car, they tow it. They impound it. You pay money to get it back. If they exercise necessary care and your car gets damaged anyway, oh well. Then everyone here will be saying `why didn`t you just move the car?` We won`t even talk about the possible consequences to your person for disobeying the lawful order.

See how that works? Laws. Rules. Actions. Reactions. Consequences. Otherwise it`s just everybody doing whatever the hell they feel like. Anarchy.
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Male 1,053
@Crakr: Really? You`re equating a moral stance against killing jews which would get any soldier executed on the spot with a DOT working doing what is clearly within the law?

How do you know the lady LIED? I think she misspoke. Didn`t change the outcome one bit. Jail for lying (outside of court)??? OMG there would be nobody left to RUN the jail.

They would never get certified as a class, their case would be thrown out before it got to trial, and what does the mayor possibly have to do with anything. IT`S A STATE LAW. Being enforced with state laborers backed up by State Police.

Is it REALLY so hard to understand? Notwithstanding that it does suck for the homeowner?



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Male 9
@CrakrJak

-Goodwin`s law
-Sure the workers could have rebelled, then your really just forestalling the inevitable. I dunno, just doesn`t seem something worth losing my job over.
-Definitely one of those grey area issues.
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Male 535
only in america
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Female 383
Wow, really? It`s a basketball hoop, how is it a nuisance to the guy down the street?
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Male 363
I just woulda left my car infront of the pole and gone inside, they wouldn`t have been able to move my car without causing extremely costly damage to the bumpers and fenders, I only have about 1" of clearance, and if it were damaged it would be a poostorm
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Male 17,512
... and this is coming from a person that doesn`t even like basketball.
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Male 17,512
Polyintrinsi: [quote]....they are just doing their job, they dont have a choice.[/quote]

That`s the same defense many Nazi`s tried to use at the Nuremberg trials.

I`m not saying those DOT workers were Nazis but it`s still a damn lame excuse. However, the lady that lied to home owners should be jailed and fired.

I hope these homeowners file a class action lawsuit and win, This was a complete misuse of power and city resources, They should oust the mayor of this town as well.
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Female 104
earlier this month my boyfirends dr gave him the wrong med dossage and I took him to the hospital mildly convolsing, I had my kids with me so I dropped him off and took them to school. HE called me a bit later to let me know they shot him up with pain killers and let him walk out even showed him the right door, I found him a half hour later incohearant in a tool store.... he`s ok now but damn .THANK YOU DE.
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Male 21
@Polyinstrinsi

They do have a choice. They could have said, "This is messed up, I`m not doing that."

Probably not and kept their jobs, but that doesn`t mean they didn`t have a choice.
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Female 15
I don`t know if it will help the issue, but I sent the link from the news report to the TV news stations and the news papers in my area of Seattle.
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Male 25,416
Not sure what was wrong with em in the first place
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Female 4,039
"Kinda sickening that tax payer dollars are being used for such an negotiable issue."

AGREED.
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Male 3,061
ooh! i watched this earlier this month and i`m still furious. bitch needs to get the sand out of her puss and get a prick stuck in her once in a while so she can get back to humanity and back to making sandwiches...lying mean person ass bitch whore. twat.
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Male 9
I got a couple points:
-Yelling at the guys removing the pole... they are just doing their job, they dont have a choice.
-The government Rep, flat out lied to them about keeping the pole. Though im not too surprised.
-Kinda sickening that tax payer dollars are being used for such an negotiable issue.
-As always the limited back story on the people involved and the motive makes it hard to really make a full judgement.
-Overall it just seems like a waste of time for everyone. Even myself, cause i just spent 3 minutes writing this.
-Finally, Can`t we all just get along?
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Male 2,545
I`ll throw this in the `why is the city wasting their time with this when they can be out stopping real crimes` category.
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Male 490
Wow, sounds similar to what they did in my town about 13 years back XD Every 4th of July there was a huge city wide water fight, and because a few old people didnt want to get wet when they were in the `water war` zones they got the city to shut it down.
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Male 35
Thats so wrong. She lied right to his face saying he could have it left in his yard, then she yells for him to go inside? Wtf is going on here, Delaware made a big mistake. I`ve read into this news story, and the man and his wife sent letters with backing from their state rep, but never got any response. Why do people have to act like such dicks?
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Female 843
Ah, Delaware, my home state. It`s been a while since I`ve been back, but I see they`re still drating up :\

(then again, this might be an old video. I`m sure I would have heard something about it)
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Male 2,690
Such BS. Regardless of whether or not it was "in public property" this wasn`t the proper manner of addressing the situation.
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Male 23
MARCH SADNESS LOL
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Male 159
Lie , Steal and Cheat.....
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Male 7,378
Did you watch the video? His basketball pole is planted in public property. It`s between the sidewalk and the street in front of his house that happens to also have a driveway. So his love of basketball needs to inconvenience people who park in his cul de sac. Screw him and his nutty wife. They`re probably horrible neighbors who think the world needs to revolve around them.
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Male 106
Honestly? If I wanted to keep my basketball goal, after seeing them take away seven others in the neighborhood... I`d have dug/pulled it up myself and moved the damned thing. No muss, no fuss. Plant it in your own yard. Street easements aren`t part of private property. They`re the city`s right of way for utility and sewer work. Part of the cost of living somewhere with fancy stuff like electricity and indoor plumbing.
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Male 10,339
"WTF? AJ thinks liberals restrict rights? HA! I have officially heard it all."

Well, they certainly tried to restrict this man`s right to free speech, and his right to privacy, and his right to property.
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Male 1,311
Might as well CrakrJak, the republicans have already poo all over our rights as it is.
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Male 10,339
"So by that logic, the most of the united states is a cesspool of personal freedom violation because the majority of voters in those states are democrats. Right."

No. A majority of states are red. The more populous areas tend to be blue though.

Madest and Zombunny are right though. This shouldn`t be political. It`s more DOUCHEBAG bitch DOT official, and loud, but right citizen, and the one who complained deserves his yard to be poo in lol.
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Male 7,378
Basketball poles aren`t "offensive" to liberals CJ. Nor are guns or political signs. I have my own opinion on that fairy tale book you call a bible but that`s just me. Relax, nobody is trying to take your well armed republican church away from you.
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Female 4,039
There`s an ad for basketball hoops at the top of the page XD
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Male 10,440
[quote] political signs, guns, bible [/quote]
Yep. All of those things are offensive.
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Male 10,440
This whole thing reeks of mismanagement and a messed up legal system.

Some of the comments on here are pretty funny...

For instance:
[quote] Actually, I shouldn`t be surprised. Delaware is a blue state. [/quote]

So by that logic, the most of the united states is a cesspool of personal freedom violation because the majority of voters in those states are democrats. Right.
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Male 17,512
Today it`s basketball poles, next it`ll be your political signs, guns, bible, and anything else deemed `offensive` to liberals.
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Male 7,378
WTF? AJ thinks liberals restrict rights? HA! I have officially heard it all.
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Male 1,053
@halfpint:

The cop misspoke. Look at the text of the law I posted below. Someone corrected her and she back-tracked. Oops. So what? All of a sudden someone`s mistaken words (cop or otherwise) become legally binding? While the guy did have his hopes up for 30 seconds, he also knew very well that all the other poles were being taken away.
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Male 1,053
"can you believe they actually threatened to arrest him"

Yes I can. Disobeying a LAWFUL order of the police is grounds for arrest. The lawful order in this case was not to interfere with the government workers performing their job.

The order to go back in his house probably isn`t lawful...
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Female 2,764
I don`t care what side of this you are on... The DOT lady AND THE COP said they are given the option to keep the pole and the DOT lady said they could leave it on his driveway... then TAKES IT AWAY.

THAT is my issue. It doesn`t matter whether I support them taking it down or not (hopefully they can fight that later) but they shouldn`t have been able to lie about it.
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Male 7,585
auburn, this is not a liberl/conservative thing. I dont think they should have been able to take the pole. and liberals are all for constitutional rights. At least I and most I know are, just like most conservatives I know are. They all just seem to pick and choose which parts to support.
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Female 4,039
I love when he says "you hate kids". Really, that was so disturbing - can you believe they actually threatened to arrest him? OMG what has this world come to. This is exactly why I loathe people - it`s so sad that when neighbors have issues with each other, they can`t discuss it over a cup of coffee and come to some kind of resolution. Can you imagine someone being so vile that they get mad they have to slow down or *gasp* stop their car because kids are playing outside?
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Male 1,053
continued...

(b) As used in this Chapter, the term `clear zone` has the following meanings:

(1) For all roads except those described in subsection (2) of this subsection, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for a distance of ten (10) feet perpendicular to the pavement edge.

(2) For all interior streets within residential subdivisions, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for the shorter distance of either (i) seven (7) feet perpendicular to the pavement edge, or (ii) if there is a sidewalk adjacent to the street, the sidewalk edge further from the street.

(3) The total area within the median strips between traveled ways or on any channelization islands, except as permitted by Section 1108(d) of this Title.

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Male 256
Haha, just keep singing to your self that about the land of the free (free to take your pole, lol).
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Male 1,053
OK. Stop speculating. Here is the applicable excerpt from Delaware Code:

Section 525. Maintenance of clear zones within rights-of-way.

(a) The Department is authorized to maintain clear zones within the rights-of-way under its jurisdiction in the unincorporated areas of the State. In maintaining these clear zones, the Department shall have the immediate authority to remove artificial obstructions placed therein, including, but not limited to, non-official signs, poles, mailboxes not placed in conformance with Departmental regulation, or other hazards to safe passage. In removing artificial obstructions, the Department shall attempt to determine the owner of the obstruction and provide written notice and an opportunity for the owner to recover the obstruction after its removal. The Department shall also have the immediate authority to remove or trim vegetation growing within these rights-of-way.

There is no `grandfather clause`.
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Female 1,589
I would have done a petition before they came out to take it, asking everyone on the street if they minded having the pole there. If the majority said "Yes, I do mind" then I would have understood and let them take it down.
Reminds me of a current rule they made for my apartment building. Kids used to play hockey in the back parking lot, but one or two non-nice individuals complained, and now they are not allowed anymore. My car is parked there. I don`t mind going around. No damage from a puck or ball has been done to it. I feel so bad for these kids.
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Male 37,910

[email protected]! [quote]"Well, you are a liberal. Constitutional rights are not your specialty." [/quote]

`cause conservatives are so good at that... like making sure votes are counted or respecting privacy by not reading emails or listening in on phone conversations?

LOL

I`m conservative too, but face it, the constitution is a thing of the past. It`s pretty much ignorned now ... sad but true
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Male 761
Wait, it`s his pole on his property and they just take it away? Are we not allowed to have basketball poles on our properties?? I don`t get what`s the issue here at all. If it`s for safety of kids, the better put a drating fence around the road, because removing a basketball pole wont stop them from running on the road, especially at dead end road.
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Male 7,123
Yeah, clearly intimidation and lying by the DOT woman. The pole seems to have been on their own property and as the street was not a thoroughfare the safety issues are moot at best. A quiet residential street can surely regulate kids playing outdoors without this level of interference.

If the pole (or its predecessors) had been there for 60 years as claimed then surely there must be established use regulations? I have no knowledge of the law here, but most legal systems take into account long established customary usage.

Really, just thuggish, power mad behaviour.

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Male 1,053
"THE POLE WAS ON HIS PROPERTY!"

If it`s in a right-of-way or otherwise prohibited by law, it doesn`t matter.

They claim it was in violation of the "Clear Zone Law" (in which I can`t seem to find any reference to poles, shrubs, etc, like they claim), but that aside you can`t do whatever you want on your own property.

There are zoning laws which regulate what purpose the property may be used for, how big your house may be and possibly how many people can live there. There are law concerning putting up a fence, overhanging trees, etc.

Then there`s the right-of-way issue. Towns generally have a curbside right-of-way, and if you have any utilities (power, sewer, phone) running through your property, that company has a right of access and to keep your trees, buildings, etc., from interfering in their right-of-way.

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Female 2,525
But I`m liberal and I think this is wrong, so I don`t think it works this time.
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Male 10,339
Yeah. I tend to do that. Especially when someone is supporting the violation of someone`s rights.
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Female 2,525
Leave it to Auburn to make this a liberal vs. conservative issue. :P
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Male 10,339
Oh you meant the basketball court. I get it.

Anyway, this is pretty stupid. I cannot believe you actually support thi... Well, you are a liberal. Constitutional rights are not your specialty.
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Female 2,525
"The court was not."

...

I quit Earth.
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Female 2,525
madest, it looks to me that the pole was on their property. Can you honestly tell me you never played in the street as a kid? They live on a cul de sac. There`s no way this was a safety hazard. The person who called and complained probably just hates kids and didn`t like them being noisy and running around outside.
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Male 10,339
Wait, what?
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Male 7,378
[quote]THE POLE WAS ON HIS PROPERTY![/quote]
-------------
The court was not.
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Male 10,339
Actually, I shouldn`t be surprised. Delaware is a blue state.
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Male 37,910

America - Land of Idiots

I and thousands of others grew up playing ball in the street. We survived. But even that little thing is taken away. And to get their way, gov`ment reps will just lie to your face.

We boast of tolerance ... but we have zero tolerance for basket ball hoops! lol
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Male 4,807

I`m REALLY surprised the cop didn`t tazer him, what with him being on his own property speaking his mind and all.
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Male 10,339
@canusuck: Yeah if they know who the neighbor is who complained, they should all take a poo in his yard.
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Male 10,339
Madest. THE POLE WAS ON HIS PROPERTY! Furthermore, he asked to keep the pole, and the lady said they would lay it in his driveway, then THEY TOOK IT!
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Male 10,339
drat those drating DOT non-nice individuals. This is an abuse of power, plain and simple.
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Male 7,378
Ok so "dead-end" street = safe? Perhaps the legislature who wrote that law should have considered that but more than likely it was an ordinance about hoops on public property. I don`t feel bad for these people. They created the scene that they`re crying about. Waaahhh.
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Male 808
Same thing happened in my city, although in Canada of course it was ball hockey on the street, neighbour complained to the city to enforce the by-law, became a national debate. In the end, she was forced to move to another city because she was so ostricized by the neighbours.
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Male 794
@madest....its a dead end street, get killed in by a car?? wtf is this that highway
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Male 794
wow what a lying bitch, that is fuc*ked up, IAB please keep us posted on this story, that is just wrong, someone should find out who made that complaint and remove stuff from the persons property, teepee the house, and make all their dogs take a dump on their lawn, if this happened in my neighborhood that person better move, cuz i would honk my horn every time i pass their house even if its 3am, superglue their locks, start feeding pigeons and slash their garbage bags to attract racoons, thats just drated up poo like this would not fly in NYC
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Male 2,552
Wow... I agree with Madest. Using the public street as the court is the problem. I`m sure the city owns x-number of feet of the yard anyway near the street.
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Male 3,310
Think of the increase in crime
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Male 3,745
"Put the hoop in your yard not on public property and they can`t take it. Stop crying like you`re a victim. If one of your kids were killed by a passing vehicle questions would be asked about why your hoop was on a public street."

they live on a dead end street :| what passing vehicle...secondly the pole WAS in their yard.

sounds to me like somebody was just mad `cuz they didnt/cant have kids...
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Male 351
so that bitch doesn`t realize how easily a human bleeds and dies then?

have fun being killed by a random crazy person. mean personbag.
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Male 7,378
Put the hoop in your yard not on public property and they can`t take it. Stop crying like you`re a victim. If one of your kids were killed by a passing vehicle questions would be asked about why your hoop was on a public street.
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Male 10,845
[quote]I understand how the pole could pose a safety issue (i.e fire trucks not being able to access the property)[/quote]

I don`t see anything or your example being an issue. That woman should seriously reconsider her career as a bureaucrat.
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Male 3,364
I understand how the pole could pose a safety issue (i.e fire trucks not being able to access the property), so that`s why the law exists, but it wasn`t enacted until about ten years ago, so the poles should be grandfathered in. Besides, the D.O.T really had no issues with them until some crotchety old bitch complained anonymously.
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Male 7,585
bureaucracy ruins everything. Somebody files a complaint, by the time your response to his complaint goes through there is nothing you can do to stop the actions started by his complaint.
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Female 474
wtf? how can they take someone`s private property like that without telling them why?
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Male 329
Thats one f*cked up lying bitch. I kind of wanna see where this thing goes.
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Male 3,619
wait im sure this is a repost :S
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Female 2,764
Wow- "You have the option to keep your pole... ... we will lay it in the driveway... ..."

"You can`t have it, you can come pick it up."

wtf?!?!?!?
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Male 2,440
Link: Delaware Takes Away Basketball Hoop On Street [Rate Link] - I can see the future of America. A future without street hoops. God help us all.
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