Peter J. Mancus Attorney at Law Victorian Square 876 Gravenstein Ave. So., Suite 3 Sebastopol, CA 95472 Tel: (707) 829-9050/824-1884 [email protected] August 17, 2009 Chief Executive Officer Board of Directors The Fighter Collection Imperial War Museum Duxford Airfield Duxford Cambridgeshire CB22 4QR England Chief Executive Officer Board of Directors Imperial War Museum Duxford Airfield Duxford Cambridgeshire CB22 4QR England RE: 1. OBJECTIONS AND COMPLAINTS ABOUT DUXFORD’S 2009 FLYING LEGENDS AIRSHOW 2. DEMAND FOR REDRESS OF INJURIES 3. MERITORIOUS CONSTRUCTIVE RECOMMENDATIONS “The person whose rights are being determined should not be placed in a position of being required to object and thereby spur hostility or not object and thereby suffer waiver." – Hackethal v. California Medical Assn.(1982) 138 Cal.App.3d 435, 444 Dear Chief Executive Officers and Members of the Boards of Directors for The Fighter Collection and for the Imperial War Museum Duxford: -1- 1. INTRODUCTION You need to confront, with a non-defensive attitude, the truth, the merit, and the wisdom of what I communicate, below. This is because you can benefit from the constructive, truthful, insightful, feedback of an intelligent critic who harbors good will toward you who also has professional legal training and relevant experience. I am such a critic. I hope that my criticism and recommendations spur meaningful reforms, for the good of all, which includes you, airshow fans, photographers, and me. 2. SUMMARY I attended your Duxford Flying Legends 2009 airshow on July 11-12, 2009. Certain parts of the non-flying aspects of that airshow, based on unimpeachable facts, made those parts the worst airshow that I have attended from 1960 to date, and I have attended hundreds of them. Some of your agents for the Duxford Flying Legends 2009 airshow performed egregiously. They usurped power. They violated my rights. They manifested a dereliction of duty. Via their dereliction, they morphed that venue into a bully’s playground. As such, the wisdom of Edgar Allen Poe is applicable: “You do not get a man's most effective criticism until you provoke him. Severe truth is expressed with bitterness.” Your “Visitor Services” and “Public Safety” agents failed to enforce your excellent rules, to my detriment and to the detriment of many, which has emboldened the bullies, the troublemakers, and the liars. Your agents’ failure to enforce your rules ruined my enjoyment of that airshow, for the second year in a row. When I complained to your agents about their failure to enforce your rules they took the easy way out: Instead of disciplining those who violated your rules, they ejected me without good cause, and, to exacerbate matters, I was banned for life from future Duxford airshows. That ejection and that ban are an injustice. You owe me an apology for what your agents did, and you should rescind the lifetime ban. As a result of what your agents did, immature people who do not know all of the facts have threatened me with physical violence, citing, as part of their justification, what your agents did. Via this communication, I am telling you my side of this dispute. Below, I state facts, my analysis of those facts, issues that require resolution, recommendations, and a proposed amicable resolution of this dispute. 3. MATERIAL FACTS July 2008: I attended one day of the Flying Legends Air Show 2008. People standing on ladders made it impossible to photograph airplanes when these people where between me and low flying airplanes or taxiing airplanes. Many people at the crowd line stood on ladders. -2- May to June, 2009: From late May 2009 to late June 2009 I attended a French warbird airshow as media, the entire Paris Airshow as media, and a French Air Force airshow, all without incident. I saw at these airshows what appears to be a trend: More persons are using ladders, to gain an advantage, and the ladders seem to be getting bigger, up to 6-8 feet tall. July 2009: When at the RAF Waddington airshow, I asked a RAF police officer to please tell a man who stood on a ladder at the crowd line--who also leaned forward, on his ladder, to stay off his ladder because he needlessly obstructed the view. The police officer told the man to stop using his ladder. That man was outraged that I asked a police officer to tell him to stay off his ladder. I asked the police officer to speak to that man because I have never had a photographer standing on a ladder agree to stay off it no matter how politely they were asked to stop using their ladder. At RAF Waddington, airshow fans persisted with starting BBQ’s between the flight line and the runway, even after the announcer told them they were forbidden. 11 July 2009: I bought an admission ticket for and attended the Flying Legends Air Show 2009 at Duxford on Saturday. At the admission gate one of your agents gave me a copy of your two- sided, folded, Duxford, Flying Legends Brochure dated 11 & 12 July, 2009. This brochure contained these rules: Do not obstruct the view of others. Stepladders are not allowed, except for accredited media, who must report to the Media Marquee. [Exact quote. Bold highlight is per Duxford’s brochure.] The existence of these rules established (1) every airshow fans’ right to enjoy the benefit of these rules, namely, an entitlement to an unobstructed view of the airshow; (2) an obligation on the part of all airshow fans to not obstruct the view of others; and (3) a duty on the part of your agents to enforce these rules for the benefit of all airshow fans. Despite these rules, Duxford’s officials let many people bring in a large number of stepladders and stand on them. I never saw the ban against stepladders enforced. Large number of people stood on ladders during the flying display with impunity. When your agents failed to enforce your rules your rules become a farce, their dereliction of duty was a prescription for meltdown and lawlessness, and the Duxford airshow venue became a bully’s playground. When your agents failed to enforce your rules, a large number of airshow fans invented their ad hoc rules, crowded in on others who were there first, and obstructed their views, with impunity, because your agents did not enforce your rules. -3- On July 11, 2009, at approximately 8:30 a.m., I erected my tripod, with a large lens on it, on the top of a flat area close to the armored vehicle pit, above and behind the viewing area below, about as far back as I could be, away from others as much as I could be. I put my camera case under my tripod within the space of its legs, with cameras on top of that case. At that time at that area, there was plenty of open space around me because it was not crowded. I stayed there from 8:30 a.m. until 2:00 p.m. when the flying display started. I controlled my food intake so I would not have to use a restroom because I did not want to have to leave and forfeit my spot. On July 11, 2009, at around 1:00 p.m., a large Caucasian man with two Nikon cameras with fairly large Nikon lenses attached, appeared and sat down in a vacant chair behind me on my left. This man progressively moved closer to the front. When peak flying started, this man suddenly stepped directly in front of where my large lens had been pointing, in plain view, and he positioned himself in a place which made it impossible for me to take my pictures at the left end of my cone of view. I told this man, “Step back.” He did not. He continued to take pictures that I intended to take. His presence made it impossible for me to take the pictures he was taking that I otherwise could have and would have taken. I told him again, “Step back.” He ignored me. I told him again, “Step back.” This man leaned over and said I did not tell him “Please.” I told him he knew what he was doing [blocking my view], and I did not have to tell him, “Please.” I insisted that he refrain from blocking my view. What I insisted upon is 100% consistent with your rules. This man told me he was there first. I told him he was rude and a liar. This man leaned toward me and in a low voice said, “If you do not yield to me I will make your day uncomfortable.” or “I will make your day uncomfortable.” I construed that statement as a threat of physical bodily harm. That interpretation is reasonable. At that time, the area around me was a dense pack of humanity. This is because the crowd moved in just before peak flying started. I did not see any good open space where I could relocate to get away from this man and still take good pictures. This man continued to block my left cone of view, making it impossible for me to photograph airplanes during the beginning of their take off rolls and large parts of landings and taxing. This man was a Duxford rule violator. He violated your rule: “Do not obstruct the view of others.” This man violated my entitlement to an unobstructed view. Since this man refused to move two feet to his left, which would have solved the problem he created for me, I often took my camera off my tripod and stood next to him, so he would not block my view.