Criminal charges for rafting problems.

Angry and Upset customers from some trips lead to an investigation which resulted in charges from other trips.

Patrick Cunningham, the owner of Hudson River Rafting Co and an employee Heath Bromley were charged with second-degree misdemeanor reckless endangerment for allegedly endangering rafters and a kayaker this summer.

The specific allegations leading to the charges are sending customers out without a licensed guide and deceiving customers about the need for licensed guides.

The allegation of sending a customer out without a licensed guide stems from having a customer paddle an inflatable kayak. Pretty hard to stick a guide in most inflatable kayaks……

The second charge was based on a trip that went out with a guide.

However, the article is full complaints and problems the company had this summer.

The investigation came after three people were injured this year on Hudson River Rafting Co. rafting trips, Curry said, and at least one group that included children was stranded on the Hudson River and had to hike several miles out of the woods to find help.
That stranding occurred when the rafters did not time the water release correctly, and wound up stuck in low water conditions, officials said.
….
Cunningham was charged for an Aug. 12 incident in which he allegedly failed to provide a guide and sent a man down the river in an inflatable kayak despite the fact the man told him he did not have any experience rafting or kayaking, Ovitt wrote in court records.
Cunningham, though, said the man “insisted” on trying to get through difficult rapids on his own despite his lack of experience. He was unable to make it through mid-level “Class 3” rapids, Cunningham said.

If every allegation is true and if this is worst raft company in the history of mankind, why are there criminal charges in this case? Just yank the permits so the 32 year old company can no longer operate. No one was hurt. What is the criminal part of this that warrants the filing of criminal charges?

I believe the relevant statute is:

ARTICLE 11. FISH AND WILDLIFE
TITLE 5. FISH AND WILDLIFE MANAGEMENT PRACTICES COOPERATIVE PROGRAM; PROHIBITIONS; TAKING OF FISH, WILDLIFE, SHELLFISH AND CRUSTACEA FOR SCIENTIFIC OR PROPAGATION PURPOSES; DESTRUCTIVE WILDLIFE; RABIES CONTROL; GUIDES; ENDANGERED SPECIES
Go to the New York Code Archive Directory
NY CLS ECL § 11-0533 (2010)
§ 11-0533. Licensing of guides
1. As used in this section, the term “guide” shall mean a person who offers services for hire part or all of which includes directing, instructing, or aiding another in fishing, hunting, camping, hiking, white water canoeing, rafting or rock and ice climbing.
2. All guides engaging in the business of guiding on all lands and waters of the state shall possess a license issued by the department, except for any persons operating or assisting upon a public vessel for hire (passenger carrying vessels), licensed by the United States Coast Guard or New York state, upon the Atlantic Ocean and all other marine and coastal waters, tidal waters including the Hudson river up to the Troy barrier dam, St. Lawrence river, Great Lakes and the navigable portion of their tributaries, and other navigable waters, as determined by the department.
3. Except while guiding for the purposes of hunting and/or fishing, no license as defined in section 11-0701 is required for such acts.
4. Employees of children’s camps as defined in subdivision one of section one thousand four hundred of the public health law shall be exempt from the provisions of subdivisions one and two of this section, provided such activities are carried out within the scope of said employment.
5. A license as required under subdivision two of this section shall be issued for a period of five calendar years and the fee therefor shall be established by the department, not to exceed two hundred dollars.
6. Every licensed guide while engaged in guiding shall wear in plain sight identification furnished by the department. Licensed guides shall be at least eighteen years of age. They shall be skilled in the use of boats and canoes whenever use of these craft is required and shall be persons competent to guide one or more of the following: camping, hunting, fishing, hiking, white water canoeing/rafting, rock or ice climbing or other similar activities. The department shall by regulation establish standards and procedures for testing and licensing of guides.
7. Any licensed guide who violates any provision of this chapter or who makes any false statement in his application for a license shall in addition to any other penalties, immediately surrender his license to the department, which may be revoked by the department for up to one year following the date of such surrender.
8. The department shall publish a list of guides annually.
 
The statute does not define a guide as someone who guides on rafts or kayaks in its definition, in section 1. However, the statute requires knowledge about whitewater rafting and canoeing in section 6.

The lessons to be learned here are simple.

1. Take care of all of your customers. Any angry customer may come back to haunt you.
2. Know the laws affecting your business or operation.
3. Be very wary when the district attorney is running for office and trying to get more time in the media.

See Rafting company owner charged with endangering customers
 

 
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© 2010 James H. Moss

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