In a message dated 8/1/2004 5:29:53 PM Eastern Standard Time, K8JE@arrl.org writes:
The major concern is that anything that comes to the attention of local ARES managers will be open game for ARRL to come in and confiscate.
I answered the questions of many members. Some seem to be totally satisfied; others indicate they would like to have a legal opinion (from Chris) on the extent to which materials held or owned by ARES will be potentially vulnerable to disclosure and/or confiscation by the League.
Well, Jim, it would be easy to write up a justification for the Board action, but the idea that ARRL might have some entitlement to "confiscate" property worries me a bit. It sounds as though these folks don't feel like part of the ARRL field organization at all. Of course we aren't going to take anyone's property. But the basis for the Board action was that some ARES groups, including entire section ARES organizations, wanted to incorporate, and to do that would make an ARES group separate and independent of ARRL. ARES is an ARRL program, purely and simply. We were merely trying to figure out a way to allow groups to incorporate, so as to be able to accept donations of equipment, and avoid liability, and enjoy the other benefits of incorporation, without giving up an ARRL program (and the ARES logo, which we have decided to protect by registering the mark). It is that simple. The idea that ARRL intends to come and take their truck away is, frankly, raging, screaming paranoia. If they don't want to incorporate, they don't have to do much of anything in response to the Board motion. But they have to abide by our ARES rules. If they don't want to do that, they can call themselves something else and organize any way they want to. In that case, they will have to give up ARES member/participant rosters so that the Section Manager and SEC can re-form an ARES group in their area. This is not rocket science, or even Extra Class theory here. It should be pretty basic stuff. Chris