Legal Question in Constitutional Law in Virginia
Fine at National Park
Our children were in the water (river) at a National Park. There is a beach at this site. There was a sign that said ''No swimming ''. Our children were sitting in the water looking for shells. Nowhere on any sign does it state that one will be FINED for even going in the water. There were several other families there doing the same thing. When a ranger arrived, he stated that there is no swimming and asked for an adult ID. He then went to his vehicle. He never informed us of a fine and NO sign stated there would be a fine. We (and the other families) argued w/him. But he proceeded to give us a $100. fine for being in the water. Can he legally give us a fine without informing us about what he was doing or the fact that nowhere on any sign did is state that a fine would be incurred if one went into the water at all?
2 Answers from Attorneys
Re: Fine at National Park
Yes, provided that there is a law or regulation against going in the water.
Laws must be obeyed regardless of whether there is a sign nearby saying so. The presence of a sign that lists some forbidden actions does not mean everything else is allowed. Likewise, the fact that the sign does not list the penalties does not imply that there are none.
If someone on that beach committed a murder, I'm sure you would not claim that the sign's failure to say murder was forbidden would excuse his actions or that he could not be punished because the sign listed no penalty. The argument you are actually making, though less extreme, is essentially the same as the one I have described.
Re: Fine at National Park
You should appear in whatever federal court is involved to contest the matter and explain to the magistrate judge whatever extenuating circumstances that may be applicable.
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