The boater, stopped near Gull Point off Presque Isle State Park in 2016, challenged authority of Pennsylvania Fish and Boat Commission in case that is the first of its kind.
Erie Times-News
- In 2016, an Erie boater fought a $75 fine in a case that started before an Erie magistrate
- An Erie County Common Pleas Court judge ruled against the boater, who kept appealing as he represented self
- Pennsylvania Commonwealth Court’s decision sets precedent and goes against boater, who now lives in Colorado
A Pennsylvania appeals court has weighed in with yet another precedent-setting decision in a Lake Erie boating case that has been floating around in the justice system for more than seven years.
In a 7-0 decision issued Tuesday, the state Commonwealth Court ruled that a state waterways conservation officer did not violate the constitutional rights of an Erie boater when the officer stopped the boater’s 22-foot Sea Ray cabin cruiser near Gull Point, off Presque Isle State Park, in May 2016.
The officer stopped the boat for a random check of fishing licenses and to perform a safety inspection, according to court records. He charged the boater, Frederick W. Karash, with the summary offense of failing to have enough personal flotation devices.