Saturday, June 22, 2013
Coachella Valley Farm Watch Report
SYNOPSIS
This report will reflect
information obtained on approximately 165 incidents of what may be criminal acts, centering
primarily on and as a result of manned hot air balloon flights in the Coachella
Valley. This information along with
numerous videos and still photographs in support of personal observation was
obtained by members of CRCPTF (California Rural Crime Prevention Task Force)
and local Farm Watch. Photographs, videos, and written reports of
the CRCPTF and Farm Watch members have been prepared so as to maintain
biographical standards and the chain of evidence. In accordance with existing law and standard
ethical procedures, specific names will be omitted, until appropriate releases
are obtained. This information was
obtained during the period of November 2012 through March 2013.
DETAILS
In early January 2013, one of the
Farm Watch members was parked on Jackson St. observing and photographing a
manned balloon flying at a very low altitude and “buzzing” several horses on a
Horse Ranch and Riding Academy. This
action caused the horses to panic and bolt, creating a dangerous situation for
some valuable horses, and also creating a dangerous situation in another area of
the farm where children were riding horses.
While the Farm Watch member was observing the balloon landing on an area
next to the horse pasture, he was approached by a very angry horse ranch owner,
who thought he was a part of the balloon crew.
The Farm Watch member advised her to the contrary, and recommended she
call the Sheriff’s and file a complaint, which she did.
Subsequent to the arrival and
departure of the Sheriff’s Department, the Farm Watch member was again
approached by the Horse Ranch owner and related that she would like to have
copies of his photographs as evidence, and also related that she had talked to
the balloon Pilot, and he was verbally abusive to her, and advised her that she
knew nothing about horses, and that in fact horses love balloons! The Balloon Pilot further implied that he was
acting in accordance with FAA regulations and that he could fly and land
wherever he wished. The Farm Watch member advised the Ranch owner that she
could subpoena the photos and himself as an eye witness to the incident. The Ranch owner advised that she was
impressed with the Farm Watch member, and wanted to hire him to watch for the
balloonist, and have them arrested if they trespassed on her property
again. The Farm Watch member advised
that she could not hire him, but as a Farm Watch member, and a member of CRCPTF,
she could provide him with a letter of authority to act as her agent in matters
of this nature.
The Horse Ranch owner was given a
standard form used by Police and Sheriff’s Departments for providing authority
to act as her agent; she then changed the form to reflect the specific nature
of her property, and signed and returned it to the Farm Watch member.
The Horse Farm owner apparently
shared this experience with several other Ranch and farm owners, as the Farm
Watch member began getting calls from people wanting the same arrangement for
their respective properties. Additional
letters of authority were signed resulting in approximately 20 owners or
managers being provided the service.
These additional 20 people own or manage more than 10,000 acres of land
in Coachella Valley that is either under cultivation, used as Horse ranches, or
local and international Equestrian
Training facilities, and they are exceedingly angry about the harassment they
receive from the Balloon Pilots and crews, and they want something done about
them!
Of the approximately 165 manned
balloon flights recorded and photographed by the Farm Watch members, a
violation of Criminal Laws or FAA regulations and FAA recommend procedures
occurred. These violations include
flying at altitudes below FAA requirements, over high voltage power lines; residential
areas and private homes, where home
owners called out the Fire Department due to the fear of a crash into homes; trespassing on clearly posted land; touch and
go in cultivated fields; damaging crops, and knocking down fences on posted
land. Some of the flights included
“buzzing” and harassing very valuable horses and livestock; landing within a
Municipality approximately 30 feet from gasoline pumps; flying so low over a
High School Soccer field that the game was interrupted and the field cleared;
at a large race track construction sight, workers were forced to abandon
scaffolding and retreat to the ground for fear of being struck by the Balloon
basket, and numerous interruptions of take offs and landings at the Thermal
Airport. The FBO at Thermal Airport will
verify unsafe acts by balloonists, and that she has made reports to FAA and
requested action to prevent future incidents. She has also requested copies of the
photographs taken of violations at the Thermal Airport. The
Farm Watch members are eye witnesses to the Airport incidents, and the FBO has
given FAA their names.
The Coachella Valley is a prime
agricultural area, and is well known for its several specialty and valuable
permanent crops, such as dates and other deciduous fruit. There have been several incidents of damage
to crops by Balloonists and their chase crews, who tear down fences and gates
to reach and break down and haul away Balloons and passenger baskets. They drive into ripe fields of winter
vegetables, even as they are being harvested.
Balloons have flown so low that they have crashed into date trees,
destroying date bunches which generally hold 150 to 200 pounds or more of fruit. Collectively, the costs to farmers can be
significant during an entire season of this type of reckless and damaging
conduct on the part of the Balloon crews and pilots.
When questioned or challenged on
the conduct and actions, the balloonists, their spokespersons and legal
representatives have answered publicly and on numerous occasions through the
newspapers, their websites and other media that they are acting in accordance
with FAA regulations, and claim that they have in fact been vetted by the FAA
and are in full compliance. Based upon
their public statements, they have claimed to be acting under the veil of
authority of the FAA. It is very clear that the FAA has not condoned
the conduct and unlawful actions of the numerous balloon companies that are
operating in Southern California.
More recently one of the Farm
Watch members was out observing Balloon Flights, and taking photographs, and as
he drove South on Polk Street leaving the area where a balloon crew was
breaking down the balloon after their flight, one of the balloon crew members
threw a section of steel chain directly at the Farm Watch member, striking his
vehicle, breaking the windshield. This was
not only dangerous and unprovoked; in accordance with California Criminal Law, it
may violate several parts of the California Penal Code, including various
Felony sections. The Farm Watch member
had made no contact with any of the balloon crew nor was he speeding or driving
erratically. The incident was reported
to the Sheriff’s Department, and is currently under criminal investigation.
Balloon Pilots and Crewmembers frequently threaten, stalk,
make obscene gestures, block the path of vehicles, and intimidate anyone who
they feel may be photographing or videoing their conduct and activities. Several of the land owners, managers, and
their field workers have been threatened by the chase crews of the Balloon
companies. A friend or part time crew
member of one Balloon company threatened a Farm Watch member by telling him
that “he was a Law Enforcement Officer, and that he was going to find out where
he (the Farm Watch member) lived, and “pay him a visit”. The Farm Watch member asked to see his
credentials and he was refused. It was
later learned that the crewmember was a Firefighter with Cal Fire. More recently, one of the Farm Watch members
was advised by a Ranch foreman that the Balloon crews were telling the Field
workers on the farm that the Farm Watch members are actually undercover
immigration agents who are taking pictures of them to get the Ranch owner in
trouble and deport any of the field workers who do not have proof of
citizenship, apparently trying to create ill feeling toward the Farm Watch
members.
It has also been observed by the
Farm Watch members that at end of most Balloon flights alcoholic beverages are
served to the passengers, and crew openly on City and County Streets, and is advertised
on Balloon Companies websites as one of the benefits of the Balloon rides. The consumption of alcohol on public streets
and roadways is regulated by State laws and local ordinances, and is a
violation of several County and Municipal Codes.
SUMMARY
While it is recognized that
manned and unmanned Balloons are an attractive activity, and people often like
to watch the “Pretty Balloons”, recently,
the owners, pilots, chase crew, and occasionally passengers, have become a very
costly nuisance and a danger to a large and important segment of the Coachella
Valley, including local airports.
Balloon Pilots and their employees
have been continuously and increasingly engaging in very unprofessional and
illegal conduct, showing disdain for FAA recommended rules of operation, an
arrogant disregard for property rights, agricultural crops, valuable horses and
livestock, and their fellow human beings.
Their crew members continue the blocking of traffic, stalking, and the
intimidation of persons and workers who are lawfully pursuing their respective
duties in pursuit of their livelihood. As a result of the aggressive behavior
of the Balloon Pilots and chase crews, the Farm Watch members have adopted the
self protective procedure of calling the Sheriff’s Department Dispatch Center
each time they are out observing Balloon flights, and advise the dispatchers of
their respective locations at all times. In the past several months Farm Watch
members have devoted more than 5000 man hours observing, reporting, and
photographing the unsafe and illegal actions of the manned balloon Pilots and
chase crews in the Coachella Valley, and their clear and present dangerous and
unprofessional conduct has reached a
level that should no longer be tolerated.
Members of Farm Watch, three FAA
officials, and Deputies of The Riverside County Sheriff’s Department recently
met at the Thermal, California Riverside County Sheriff’s Station for the
purpose of presenting a series of photographs and accounts of numerous balloon
flights wherein dangerous, unsafe and criminal acts that were perpetrated by
the balloonists. FAA officials were
surprised at the photographs, and advised they would try to spend more time in
the desert when possible, However, FAA regulates
equipment and Pilots and their licenses, and have implied that it does not
regulate the operation of manned balloon flights, and therefore takes the position
that the problem of trespassing, crop damage, dangerously low flights and other
unsafe acts or crimes is a local Government and Law Enforcement problem. The Sheriff’s Department indicated they would
co-operate in any way they could, and would step up the response to calls of
this nature when possible, as they, like the FAA, are somewhat limited due to
budget constraints.
In view of this, the
aforementioned property owners, managers, and training facility operators are
unhappy and angry, and their numbers are growing. The more than 5,000 hours of monitoring and
reporting supported by several thousand photographs and video’s showing unsafe
and illegal acts perpetrated by manned balloon Pilots and their crew members
represents only ‘the tip of the iceberg” as to the problems created for a very
large segment of property owners and managers in the lower Coachella Valley.
These hard working and honest
people seem intent upon pursuing whatever remedies that may be available to
them, and have expressed the fact that they are baffled that this continuing
pattern of dangerous and illegal acts has been allowed to continue for so long,
with apparent impunity. In the interest
of insuring Public Integrity, the time has come for local Government Officials
to step in where FAA fears to tread and enact regulatory measures, to protect
their constituents land and crops, and to insure the safety of the airports,
school functions, construction workers, farm and ranch owners and their employees!
The following items are available
upon request:
- Written reports of Farm Watch Volunteers
- More than 6500 photographs and video’s related to crimes
and harassment, by manned balloon pilots and their crew members.
- Sheriff’s Department daily dispatch logs of Farm
Watch safety check in-calls indicating time and locations
- Names of Farm Watch eyewitnesses
- Names of eyewitnesses, to crimes and harassment by
manned balloon pilots and their crew members, who are landowners,
managers, horse farm owners, equestrian training facilities owners, Thermal
airport officials, Coachella Valley High School officials, and
construction company officials
- Sheriff’s Department reports of criminal conduct
complaints that can be obtained by subpoena
- Names of FAA Officials and Sheriff’s Department personnel
who have been contacted or who have attended meetings regarding the
problems with manned balloon flights in the Coachella Valley
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