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  • - April Johnson

    Re: [RC] What Constitutes a Start? - Truman Prevatt

    How about customary and accepted use and practice, and the fact that there is a fee for every starter to be paid to the AERC. And as you said it is "standard" which implies it is customary and accepted use and practice. The AERC has no obligation to define every word of common use in its rules in order to make use of that word or concept. Bill Clintion when he was president of the US  tried to use this argument and he is disbarred from the practice of law be cause of it.

    The issue of ambigulity if any - which in my opinion is a stretch - is the job of the protest committee to figure out.


    Steph Teeter wrote:
    says Truman: Using your logic and drawing from this particular incident
    where the
    party was seen about five miles into the ride then every RM in the
    country could just set up a point 5 miles down the trail and let all
    those that for whatever reason didn't want to go on pull from the ride
    without any record. If 5 is okay, then why is 10 or 15 or 20? Are you
    telling me you think this is in the letter and/or sprit of the AERC rules?

    No, I think it is a pretty standard procedure to count anybody that begins
    the physical course as a 'starter'. But in order to file a protest or
    grievance, you need something more concrete than 'but this isn't the way
    it's supposed to be done. '

    I'm probably getting myself into deep trouble here ... and I am NOT
    promoting the deletion of 'sort of starters' from the official start list.
    But I don't see any rules being broken. Just protocol, and maybe a 'by
    default' policy. I don't see that there is anything concrete to be


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    RE: [RC] What Constitutes a Start?, Steph Teeter