Ask candidates: ‘Do you support skydiving?’
By Jacob Daniels
As an attorney, I’ve made some general observations: First, attorneys are expensive, and second, prolonged litigation benefits nobody but the attorneys involved.
The City of Creswell is currently fighting a legal battle with Eugene Skydivers on two fronts. First, we are defending a Part 16 Complaint filed with the Federal Aviation Administration. At this point, the City has spent over $100,000.00 of your money to defend this action. Further, at the September City Council meeting we were notified that the Eugene Skydivers have filed a separate lawsuit against the City of Creswell alleging Breach of Contract and demanding $735,000.00 in damages.
You probably already know what this fight is about, but I will break it down for the rest of you.
Basically, Eugene Skydivers want to drop (land) at the airport. On the other hand, the City believes that skydiving at Creswell Airport isn’t safe. Because of the City’s belief that skydiving isn’t safe, the Eugene Skydivers aren’t allowed to drop at the Creswell Airport.
I admit that the thought of skydiving terrifies me and that’s why I’m not a participant.
Nonetheless, skydiving has been carried out in a safe manner at the Creswell Municipal Airport for many years. The skydiving activity is something fun to watch and was a selling point for many who have chosen to move to Creswell.
Further, amidst these tough economic times, I believe that the City of Creswell should be sending a pro-business message rather than an anti-business message. In this case, the City is creating significant roadblocks for a once-profitable small business. After Eugene Skydivers, who is next?
It is my goal for the City to enter discussions with Eugene Skydivers to find common ground and settle this case. I believe that the settlement should contain a provision allowing skydiving activity to resume at the Creswell Airport. But first, we need to elect City leaders willing to support skydiving.
Those who disagree with me will quickly cite the City’s potential liability if somebody were to get hurt skydiving.
Like any other person, I would hate to see an injury and we certainly don’t need another lawsuit. Nonetheless, skydivers sign a waiver before diving and I believe it would be difficult to find the City financially liable if an injury were to occur. Even if the City were found liable the Eugene Skydivers’ Lease Agreement requires them to indemnify the City for any lawsuit.
In my mind we have two options: (1) continue spending tax dollars on lawyers to fight something that most people in Creswell enjoy; or (2) enter a settlement that includes certain safety provisions. So here is my advice to you… the next time a candidate comes to your doorstep ask him/her: “Do you support skydiving at the airport?”
Jacob Daniels is a member of the Creswell City Council. The opinions expressed here are his own and do not represent the views of any other City Councilor, City Employee, or the City of Creswell.
Reprinted with permission from the Creswell Chronicle
how petty. they’re are bigger fish to fry don’t you think?
Jacob, I really KNOW very little about the situation but you could clarify something for me, I hope. Your article states that the reason the “City” has stopped skydiving is because “they don’t think skydiving is safe.” Is it really that simple? I thought it was a complex problem of different factions complaining about this and that and then the FAA and State and other entities getting involved etc. I’m not trying to be political or be leading you into something here, but could you clarify for me and others, why the City decided to stop skydiving. In other words, is it as simple as “they” don’t think it is safe. Once I have that info, I think I can make a better decision on where I stand on this. Thanks for doing the research and figuring out the problem for me —- I will feel much better about solution development once I “get” what the problem really is.
This smacks of blackmail to me. This is costing the taxpayers money to defend a facility that very few of Creswell’s citizens use. Either increase airport fees to cover the cost of litigation or close the place down.
There were much better approaches to take with the city council on this; instead the skydivers have elected to play rough in hopes of showing the city who’s boss.
Time for the city to play rough and stop the bleeding.