I went back in front of the Board of Supervisors again tonight. After hearing from Mr. Allen at the July work session and watching the local news coverage, I had no problem with speaking for the 3 minutes allowed. Below are my remarks.
Board members, the first time I stood here before you I asked Why is skiing illegal on the lake? Tonight I stand here to answer that question. This ordinance is not about fishing, it is not about safety, it is not about noise. This ordinance is about a small group of people that are protecting their own selfish interests, nothing more and nothing less. They are using the reasons I just mentioned in an attempt to manipulate you into maintaining an ordinance that is arbitrary and discriminatory in nature. We learned a lot about this ordinance at the July work session.
1. We learned that the water in the lake is indeed public.
2. We learned that no other county in Virginia has an ordinance like this.
3. We learned that the two boat landings on the lake launch over 150 boats per weekend, but somehow the lake is too small and there is no room for a couple of skiers.
4. We learned that if this ordinance is changed, Mr. Allen is of the opinion that it would hurt his business. If that is true, the logical conclusion is that enacting this ordinance helped his business back in 1979 when he was a member of this board. That is a clear conflict of interest and should be reason enough to end this restriction.
5. We learned from Mr. Allen that he turns away ski boats that have every right to be on the lake. While this perhaps is a heavy handed way for him to support his fishing business, for the county to ban skiing for the same reason just seems plain wrong.
6. We learned that a lawyer has a place on the Charles City side who enjoys waterskiing in the lake, but that doesn't bother either of the landing operators or ruin the fishing. It also demonstrates that there is indeed safe, skiable waters in this lake. It should also be safe to assume that there were people skiing in the lake on a regular basis prior to July 1979 when this ordinance was put into place.
7. Last but not least, We learned that it is perfectly legal for us to ski on the lake as long as we stay in Charles City waters. Are we to completely disregard the Coast Guard rules of navigation that pertain to oncoming boat traffic? Or, are we to follow the Coast Guard rules and be charged with a class 4 misdemeanor because we crossed into New Kent waters while staying to the right of oncoming boat traffic when skiing upriver? The only thing truly making it unsafe to ski in Chickahominy Lake is this ordinance. There is no clear line marking the center of the channel, making this ordinance vague and impossible to enforce. I would agree with Mr. Allen, there are underwater hazards, weeds, and shallow areas in the lake… Just like in every other public body of water in our area. However, this is the only one where skiing is illegal. If safety were truly the reason behind this ordinance, Why weren’t similar restrictions placed on other waters? I am of the opinion that the correct answer is, Mr. Allen did not own a business that catered to fishermen on those other waters. Safety is simply a façade that needs to be removed from this discussion.
Once again I have stood before you and offered several reasons why this law doesn’t make sense. I again would like to ask the board to eliminate this restriction on waterskiing in the lake. We have yet to hear one logical reason why this law should not be changed. How in good faith could this board support an ordinance that benefits only a few private interests? Thank you once again for your time and consideration to this matter.