Oklahoma Weather Tracking Licensure Legislation

[Warren Faidley]

Anyone have any links to the OKC media driving like idiots during a tornado? Asking for a friend.

 

[Blake Naftel]

Anyone have any links to the OKC media driving like idiots during a tornado? Asking for a friend.

Yes, somewhere I will look around.

And I will clarify publicly here, I have video, not URL links, of which are archived at TTU and elsewhere. Once I locate them, I'll forward.

Blake

 

[Warren Faidley]

I could be far off-base, but this has the stink of OU all over it.

OU is not some "warm, fuzzy" organization. Their meteorology school has its own Washington lobbyist and they are quite influential. Something tells me (I have zero proof) that they came up with this to enhance their ability to do research in the field. Who knows, there may collaboration with the TV stations.

I agree that I've never, ever seen a TV station render aid.

It is important to defeat this bill because it gets a "foot in the door" for regulating storm chasing.

I agree 100% Mike. Maybe they are still chapped about their football season. Just wait until the other research organizations get wind of this. My understanding of Oklahoma transportation laws is that they cannot transfer such code-3 privileges to out of state interests. NCAR is screwed. We need to take a look at the Oklahoma Emergency Vehicle laws. I believe they would have the right to park on the road (like LEO) and completely block traffic, or move at 20 mph and no one could pass. Had this law been enacted before El Reno, many people might have died from closed roads. I had to pass a research van at warp speed to get away.

 

[Blake Naftel]

I know it get's crazy. But, I do not want to see such a law at all. People should be able to "ride free without interference from the man."

I agree, but unfortunately what was voted into this country is not about fairness, it's about control of all aspects of the "law" and Oklahoma is at the epicenter of a lot of this. I will digress off politics, but this was easy to see coming.

Blake

 

[Mike Dorame]

Murdock v. Pennsylvania?

C'mon u big brain people know u wanna read this!

CLICK ME!

 

[Warren Faidley]

It's also important to note that the media in OKC and OU researchers are partially responsible for what chasing has become. Back when people like Chuck and myself were bitching about bad behavior, not a single researcher or OKC media celebrity had the courage to step up and join the conversation, or even attempt to tamper down the insanity. Now the cowards want the rest of us to yield to them. Good luck.

 

[Jesse Risley]

Murdock v. Pennsylvania?

C'mon u big brain people know u wanna read this!

CLICK ME!

I'd be careful how much I applied that case to what is being discussed here. As I noted previously, yes, there is a fundamental right to travel as established through common law doctrine as being protected by the privileges and immunities clause of the US Constitution but actually operating a motor vehicle itself is still a regulated privilege to some degree. This particular case appears to be a sovereign citizen who as the petitioner was appealing a conviction for driving without a valid motor vehicle license. While this case raises some coterminous issues in its legal dictum I don't think anyone is arguing that states cannot require drivers to possess a valid license.

At issue here would essentially be whether a state requiring a license to "chase" a storm constitutes an imposition on one's constitutional right to travel on public right-of-ways, even though driving is still treated as a regulated privilege of sorts, and whether it would pass an intermediate scrutiny test to justify a compelling state interest on behalf of the state of Oklahoma in doing so. That's assuming drivers are otherwise legally licensed to operate a motor vehicle on Oklahoman right-of-ways with other conditions remaining the same (ceteris paribus). It's settled law that you can be required to possess a valid driver's license to operate a motor vehicle on a public right-of-way but a blanket requirement to possess a storm chasing license to use designated public right-of-ways within or through of the state of Oklahoma as designated by either legislative state fiat or LEOs subjectively on a whim is entirely new territory IF that's what this law does become.

 

[Warren Faidley]

My understanding so far, from the legal minds I've picked, is that Oklahoma cannot prevent / hamper media outlets from covering stories by "pay and play." In other words, you cannot demand a First Amendment license that will only be available to a specific group for a fee. My attorney explained it to me this way: Lets say you have disaster in a small town in Oklahoma. The road is blocked and they will only allow the paying media to pass, although there are other legitimate media present. That is a violation of the First, unless all media is blocked.

I'm still planning on organizing a legal fund to combat this insanity. More on this soon.

 

[Mike Dorame]

If I start streaming on Severe Studios or YouTube or Twitch or make TikTok vids am I the media? What defines "Media"? Is there a set definition?

Does the definition of Media have a strict requirement? Is it how many people view u? How often? Of what political party? How much u make? What site you are on? TV only? Radio only? What u wear? How professional your gear is? Ryan Hall & Reed Timmer reach more people than all of the TV stations in OK combined.

 

[Warren Faidley]

Under the wording of the bill, only FCC licensed TV stations qualify. Other chasers you mentioned would qualify as "researchers" as the bar is lower, likely written that way on purpose. This means no newspaper journalists, hobbyist, students or freelance journalists like myself. Nor would any Internet chasers qualify. In other words, you are not passing a potential road block or a media / research vehicle no matter how slow they are going because they are designated as "emergency vehicles" under the law. If you pass them too close while they are parked on the side of the road (per Oklahoma law), you will be violating the safe distance laws -- a very serious offense with a $1,000 fine and points. The bill is vague and leaves all potential enforcement to law enforcement as they seem fit, per Sen. Mann's comments on KFOR yesterday. Theoretically, if you were sitting at a gas station getting ready to chase, LE could tell you to remain there if you are not licensed. I believe if the bill passes, LE will eventually view you as either a "professional" (licensed) or a hack (unlicensed). They are not going to care or know about the mechanics of the law, figuring someone has already sorted you apart.

 

[JamesCaruso]

This means LEO can block any road at anytime in Oklahoma and only allow licensed vehicles to pass. It does not have to be a disaster scene or news event. They could block a road creating an even worse disaster.

They could, but why think that LEO would be more likely to (or even have the resources to be able to) block roads any more often than they did before, just because of this law? As I have said in other posts, for that to be true, you would have to believe that LEO wanted to close roads more often in the past but didn’t, only because they wanted to make sure media or research vehicles could get through.

To be clear, I am 100% against this proposed legislation. I agree it’s a slippery slope on the way to regulating storm chasing. But I don’t think there is a reason to fear that there will suddenly be more roadblocks. The dangers of the bill will come from overstepping in other ways, not from blocking roads more frequently.

 

[Blake Naftel]

I could be far off-base, but this has the stink of OU all over it.

OU is not some "warm, fuzzy" organization. Their meteorology school has its own Washington lobbyist and they are quite influential. Something tells me (I have zero proof) that they came up with this to enhance their ability to do research in the field. Who knows, there may collaboration with the TV stations.

I agree that I've never, ever seen a TV station render aid.

It is important to defeat this bill because it gets a "foot in the door" for regulating storm chasing.

This bill is a distraction, it will not pass and all of us must fight it due to present circumstances.

Blake

 

[Blake Naftel]

Under the wording of the bill, only FCC licensed TV stations qualify. Other chasers you mentioned would qualify as "researchers" as the bar is lower, likely written that way on purpose. This means no newspaper journalists, hobbyist, students or freelance journalists like myself. Nor would any Internet chasers qualify. In other words, you are not passing a potential road block or a media / research vehicle no matter how slow they are going because they are designated as "emergency vehicles" under the law. If you pass them too close while they are parked on the side of the road (per Oklahoma law), you will be violating the safe distance laws -- a very serious offense with a $1,000 fine and points. The bill is vague and leaves all potential enforcement to law enforcement as they seem fit, per Sen. Mann's comments on KFOR yesterday. Theoretically, if you were sitting at a gas station getting ready to chase, LE could tell you to remain there if you are not licensed. I believe if the bill passes, LE will eventually view you as either a "professional" (licensed) or a hack (unlicensed). They are not going to care or know about the mechanics of the law, figuring someone has already sorted you apart.

I really wish Scott McPartland was still a part of this forum, as I forwarded it to him and a great discussion ensued. I also forwarded this to Dave Hoadley, Randy Zipser and Joe Golden.

Beyond the premise of this bill, and my former opinions on the matter of Oklahoma being a mess during storm season, regulation will not stop anyone with a motor or EV vehicle from observing storms. Will not happen! I'm against this formally, yet understand why it is being preposed and implemented. Perhaps it's time to step away from comedy and get into politics. Hey, Regan did it!

Blake

 

[Blake Naftel]

If I start streaming on Severe Studios or YouTube or Twitch or make TikTok vids am I the media? What defines "Media"? Is there a set definition?

Does the definition of Media have a strict requirement? Is it how many people view u? How often? Of what political party? How much u make? What site you are on? TV only? Radio only? What u wear? How professional your gear is? Ryan Hall & Reed Timmer reach more people than all of the TV stations in OK combined.

Good point!

Let's start a podcast and debate. It's already in place and it's been branded THE DOPPLER EFFECT as I was just fired from The Second City in Chicago due to "breach of protocol". Comedic and fitting.

Interested? I feel the weather and storm chasing community would benefit and it would open up channels that have recently been closed. Serious inquiries only.

All the best,

Blake

 

[Warren Faidley]

I really wish Scott McPartland was still a part of this forum, as I forwarded it to him and a great discussion ensued. I also forwarded this to Dave Hoadley, Randy Zipser and Joe Golden.

Beyond the premise of this bill, and my former opinions on the matter of Oklahoma being a mess during storm season, regulation will not stop anyone with a motor or EV vehicle from observing storms. Will not happen! I'm against this formally, yet understand why it is being preposed and implemented. Perhaps it's time to step away from comedy and get into politics. Hey, Regan did it!

Blake

Sorry about the work situation......

I still have to kindly disagree. Not going to rehash the arguments I've made, but Sen. Mann has spoken and I'm going to trust him when he tells KFOR, "Safety is the focal point of this bill, aiming to get amateurs off the roads and allow professional storm chasers to act as emergency responders." That's clear as hell and he can walk it back all he wants, as politicians do. I firmly believe that whoever dictated the bill to him had that goal in mind.

Anyone who does not view this bill as a threat is dreaming.