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Sunday, July 14, 2002

Ky. boating law has stiffer fines




By Steve Eder seder@enquirer.com
The Cincinnati Enquirer

        Nearly three years have passed since Scott Martini was killed by when a drunken boater struck his vehsicle on the Ohio River near the Watertown Marina in Dayton, Ky. But Mr. Martini's mother hasn't forgiven the system that issued a $250 punishment for the man she says was responsible.

        Evelyn Martini of Bridgetown, lost her son and her daughter-in-law, Pamela Barnes Martini, of Dearborn County, Ind., in the crash. A third man, Ken Middendorf of Cleves, was also was killed. More than a year later, a jury acquitted Brian Brunen of Hyde Park, who was steering the boat, on three second-degree murder counts. Instead, he was convicted of a misdemeanor count and paid a $250 fine - the maximum for a operating a boat while intoxicated.

        A law that goes into effect Monday on Kentucky waterways, including the Ohio River, increases the fines for drunken boating by $100. It also requires drunken boaters to take a water safety course for an additional $100.

        “It can never be high enough,” said Mrs. Martini, who hasn't stepped foot in a boat since her son was killed. “Believe me, anyone drinking alcohol does not belong on the river, or in a boat where other lives are concerned.”

        Today, she said, “$250 is nothing to people. I can't believe they'd bother with $250. There is no amount of money that will help restore a person's life.” Jail time and extensive boating safety courses are the only options for sending a message about drunken boating, she said.

        Jim Carlin, president and founder of Battle Creek, Mich.-based Boaters Against Drunk Driving, a safe boating advocate, agrees that financial penalties don't go far enough. Drunken boating should be treated like drunken driving, he said.

        “There should be no difference in the operation of a vehicle from a boater to a drunken driver,” he said.

        In 2001, there were 695 boating deaths nationally. Of those, , and 30 percent to 50 percent

        Sgt. Mike Fields of the Kentucky Department of Fisheries and Wildlife said he's hopeful that the additional fines will serve as a deterrent for those considering drinking while navigating the water.

        “They need to leave the alcohol home,” he said, adding that there have been nine fatalities on Kentucky waters so far this summer, so far.

        In 1992, a drunken man was at the helm of a boat in which 32-year-old Mark Linkenfelter was a passenger. Mr. Linkenfelter was among three passengers who were killed when the boat crashed on the Ohio River.

        “It is one thing if you drink and you suffer for it yourself,” said his widow, Tishy Mason, 48 of Mason, who isn't a drinker, but was again affected by drunken driving two years ago when her vehicle was struck she was hit head-on by a drunk driver on Tylersville Road near her home. She said she suffered severe hand injuries, which resulted in surgery.

        “Somebody's first time (drinking) might be the time they kill somebody,” she said, adding that the additional fines may help, but she supports prevention methods such as safety classes.

        “If somebody is drinking and boating, they aren't a very responsible person,” she said. “How much (will fines) hurt them?”

        A professional water skier before joining the Kentucky state Legislature, Sen. Elizabeth Tori, R-Radcliff, communicated for months with state water officials before pushing for the increased minimum fines. The governor signed the bill in April.

        Sen. Tori learned first hand about the dangers when a drunken boater disconnected her from a boat she was skiing behind three years ago. She wasn't severely injured, but said it was a frightening situation.

        The most important part of the legislation, she sayids, is the component that requires boating safety classes, which will teach boaters about the impact of alcohol on the ability to operate a boat.

        Hank Lauter, who teaches all ages about boating safety at the Harbor Yacht Club on the Little Miami, tells his students: “If you want to drink, stay to harbor, but don't take a chance that you'll kill anybody.”

        “As soon as somebody hits the bottle, they hit the water for some reason,” said Mr. Lauter, 75 of Middletown. “It is good thing that penalties are going up.”

        He cautions, though, that some people “don't care what it costs, they are going to drink anyway.”

        Ken Blake, 78, the harbor master at the Watertown Yacht Club in Dayton,, Ky, has been boating for more than 50 years and said his “happiest times are boating on the river. ”

        The effectiveness of the increased penalties will depend on how they are enforced, he said Mr. Blake, 78.

        “What I'm really afraid of is that they'll crack down so much that they will ruin boating,” he said. “They've got the drunk drivers, now they want to get the waters.”

        Mr. Blake, who no longer drinks, said he isn't advocating for irresponsible boating, but “with boating goes some drinking,” he said. “People enjoy being out in the sun and the freedom. It is like being a big picnic and you are drinking beer.”

        But “heavy handed” water-patrollers could change the atmosphere, he said, “If you have a beer and you are in the hot sun, you could legally show up drunk.”

        “It is great that they have these laws and it is great if they enforce them with an even hand and are watching for the guy that's really reckless,” he said.



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