By: Capt. Jim Kalvin
Making laws that affect the behavior of others can have un-intended consequences. Especially when the legislative effort in question is designed to control a certain group of people. Or….in one special case in Naples some time ago, it was intended to control one person in particular.
When I was a kid, and up through my formative years, Dad had a boat that he kept at the old Boat Haven Marina (where Naples Bay Resort is now). We would go south out past the charter boats and the shrimp tanks and enter Naples Bay through the channel with Naples Sailing and Yacht Club on the west of us, and the beginning of Royal Harbor to the east.
A gentleman lived on one of the first neighborhoods to the south, who flew a sea plane. Mr. DeBaun was his name (I think), and it was awesome to watch. He would launch the plane from right behind his house into the canal and taxi a short way out into the bay. If he had the plane in motion, either taking off, or preparing to land, we would hold out of his way and enjoy the show. It reminded Dad of his days in the Navy. And we watched him for years. He was a part of our local waterfront. After all, how many chances does one get to watch a guy leave his house via sea plane and pull it up to his back yard at the end of the day?
Turns out, though, – not everyone enjoyed Mr. DeBaun’s hobby. Powerful residents along the bay began to lobby the city leaders to “do something about the noise” that the plane created on take-off and landing.
So….bending to the will of their constituents, a law was proposed that would make it illegal to take off or land a sea-plane on Naples Bay. Mr. DeBaun pleaded with the City Council de-jour with no success. The new ordinance passed and it had to be advertised for a period of time prior to going into effect.
Being the character that Mr. DeBaun was, on the morning of the first day that the new law was enforceable, he promptly launched his plane, put his flaps down, taxied all the way down the bay and took off from Dollar Bay, well south of the City limits. On his return a short time later, he did the same thing in reverse – landing in Dollar Bay and taxiing down the entire length of Naples Bay. The time it took to make this trip was roughly half an hour. Heads exploded, the cops were called, and the City went into a frenzy!
Of course, when he got back to his house, Naples Finest were there waiting on him with a citation for violating the new ordinance. He refused to sign for the ticket saying, I didn’t take off or land from Naples Bay. The law doesn’t say anything about “operating” a sea plane on the Bay. With that, he went about his business. And every few days, he would jump in his plane, and repeat the procedure.
City Hall scrambled as their attorneys reviewed the old rule and figured out how to “fix” the problem that they had created. Meanwhile, those powerful residents were beside themselves! Instead of a few minutes of airplane noise, they now had to endure it for an hour or more on every round trip! The peanut gallery (those of us who were not bothered by the “noise”) cheered! Attorneys worked overtime, Council members paced, and donations were made to campaign coffers.
Ultimately, a law was crafted that made it illegal to “operate” a sea plane on the bay and the issue was settled. The case was very high-profile, as there wasn’t much to write about back then. But the saga was a hoot to watch – if you didn’t take the time to realize that the whole episode was designed to take rights away from one individual. And the “noise” from his 5-minute take-off or landing routine was inconsequential compared to the steady drone of the boats operating on the bay all day long.
How many laws on the books today were generated the same way – with a bent on controlling a certain group of people? Mr. DeBaun went down fighting – with a flair for the dramatic on his way out the door! I think we could all learn a little from his spirit