First They Came For The Hoops. Power and Abuse in Delaware
Unbelievable. The Officers in this episode should all be fired immediately.
Not for taking the hoop, that might be justifiable under the law, but for the lies and then ordering the homeowners inside their house to prevent their protests.
Here is the statute:
The Department is authorized to maintain clear zones within the rights-of-way under its jurisdiction. In maintaining these clear zones, the Department shall have the immediate authority to remove artificial obstructions placed therein, including, but not limited to, nonofficial 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.
Notice the word ‘authorized’, which is not the same as ‘required’. That implies discretion is allowed. If the pole was standing for 60 years, why the sudden rush to removal before the homeowner had exhausted his appeals?
Hat tip: Hot Air