MorWoods

So, let's consider what we have here. Tennessee. Cemeteries. Geocaching. In the recent past, the state of Tennessee had issues with criminals trying to get around state laws regarding GAMES, sometimes involves Devices of AMUSEMENT, to avoid the prohibitions from laws against lotteries, bingo, or other such common "gambling light" entertainment. The state of Tennessee also suffered financial abuse by Clayton Smart in his infamous case of raiding cemeteries for their cash, only to then cry poor-mouth. He was found guilty of financial fraud and sentenced to prison for what is likely to be the rest of his natural life. The State of Tennessee passed legislation, using the terms GAMES, AMUSEMENT, and CEMETERY. Legislative intent: Were the legislators attempting to regulate lying, profiteering criminals, or attempting to disallow games of "I Spy ... ", geocaching, and/or any humor of any sort on any cemetery in the state, even those that are exempted from the law? Oh, wait, and they exempted the majority of the cemeteries?!? What must they have been thinking? They use the word "GAME", which is regulated under the TCA. But only those that involve anything that could resemble gambling. They use the word "AMUSEMENT", but only as it involves "Amusement Devices", which are tied into the "GAME" legislation. So, we can either conclude that the Tennessee Legislature was trying to avoid the profiteering abuse that we've suffered at the hands of indicted criminals, specifically regarding GAMING and AMUSEMENT, or we can believe that the legislature was trying to use a definition of the terms not previously introduced into the state's legislation to outlaw games of "I Spy ...", geocaching, and "who has the oldest headstone date". It would seem that anybody believing that the folks in Nashville were trying to outlaw innocent games in cemeteries are incorrect ... if that was their intention, they wouldn't have exempted a vast majority of the state's cemeteries. It's time for Geocaching.com to correct their inappropriate, overly-cautious interpretation of Tennessee state laws. If we must misinterpret this particular state's laws, who will be next to have misinterpretations? Shall we eliminate all geocaches that don't have a documented landholder's approval to be on site? Enough, already. Let's please correct this misinterpretation NOW. Before it metasticizes to other states, countries, and/or (arbitrary?) reasons for refusal

Here's some more info for the backstory in Tennessee. It involves the topic of the "Rocky Top" investigation, that involved the corruption involved in GAMES and AMUSEMENTS in such areas as churches and CEMETERIES. Tennessee went through some emotional, and corrupt, investigations. http://www.washingtontimes.com/news/2014/oct/14/tenn-voters-to-decide-on-veterans-gaming-measure/?page=all NASHVILLE, Tenn. (AP) - A proposed constitutional amendment to allow charitable gaming fundraisers for veterans groups may not carry the same excitement as other Tennessee ballot measures on abortion, judges and income taxes, but supporters say it would correct an omission dating to the approval of the state lottery in 2002. The Chattanooga Times Free Press reports (http://bit.ly/1nXg4Sx) that it’s being disputed whether the veterans groups were left out of the lottery amendment by accident or as part of an effort to avoid the taint of a bingo industry scandal of the 1980s that culminated in the FBI’s “Rocky Top” investigation. Republican state Sen. Rusty Crowe of Johnson City acknowledged that the measure might face a tough time passing because the language refers to the tax code and doesn’t mention the word “veteran.” “The way it’s worded, people won’t know what’s going on,” Crowe said. State law limits nonprofit gaming activities to raffles, reverse raffles, cakewalks and cakewheels. It does not authorize bingo, which was responsible for one of the darkest and bloodiest phases in Tennessee’s political history. In its heyday, about 300 bingo halls operating in the state generated millions of dollars, but that money often didn’t reach charities. Bingo halls would be run by professional gambling operators and state lawmakers for years ignored news accounts of money being skimmed. All that came to an end following the “Rocky Top” probe led by the FBI and the Tennessee Bureau of Investigation, which found operators were using state charters of legitimate Tennessee charities to run gambling operations. The investigation which eventually led to a prison sentence for Democratic state Rep. Tommy Burnett also looked at then-Secretary of State Gentry Crowell’s handling of bingo regulation and led authorities to looking into other activities by legislator Ted Ray Miller. Both Democrats committed suicide during the investigations. State Sen. Randy McNally as a freshman lawmaker became the key insider in the Rocky Top investigation after reporting suspicions to the FBI. The agency asked McNally to wear a recording device at Legislative Plaza, and he captured evidence of offers to pay cash for votes, including $10,000 from a lobbyist who was also the state’s former chief bingo regulator. The Tennessee Supreme Court ultimately ruled that bingo was illegal under the state constitution’s lottery ban. McNally, who is now chairman of the powerful Senate Finance Committee, said he supports the amendment. “I think the state has proper safeguards to prevent what happened in the past like the Army-Navy Union, the bogus-type organizations that came in,” McNally said. “You know, you’ve got legislative oversight and the secretary of state’s oversight. It’s a lot more professional than it was back in the day.” The end of charitable bingo was devastating to veterans organizations, said Dean A. Tuttle, adjutant and finance officer with the American Legion Department of Tennessee. The money from bingo helped support veterans’ families with scholarships, health care and other causes. “Likely about 80 percent of our Post homes or Legion homes are probably now nonexistent,” Tuttle said. “It is awfully tough to go out there and make it baking cakes and washing cars.” Many veterans groups now meet in churches to schools instead of in their own dedicated halls. Tuttle also worries about the likelihood of passage of the amendment given the wording of the proposal. “If you don’t know the IRS code you have no idea of what it’s doing,” he said.

Gee, I don't think so, they just use "Amusement". See, when the cemetery legislation doesn't set specific definitions, it uses existing ones. So, can you help your argument by pointing to a contrary definition to "Amusement" in the TCA? Do you have a citation that specifically distinguishes it from the Devices as defined? If not, then words (and their understood definitions) matter, right? The same is true for "games", of course. Or any other word used for specific effect. Now, let's discuss the significant exemptions in TN Code § 46-1-106. ///// (a) The provisions of this chapter and chapter 2 of this title do not apply to: (1) Cemeteries owned by municipalities; (2) Cemeteries owned by churches, associations of churches, or church governing bodies; (3) Cemeteries owned by religious organizations; (4) Family burial grounds; or (5) Cemeteries owned by general welfare corporations created by special act of the general assembly; provided, that the cemeteries are not operated for profit and no funds of the cemeteries are used or expended, directly or indirectly, to compensate a sales contractor, sales manager or promoter of the cemetery; provided, that nothing in this subdivision (a)(5) shall prevent a cemetery owned by a church, association of churches or church governing body that has owned the cemetery for a period of five (5) years, and has operated the cemetery for religious purposes and not for profit during the period, from compensating a sales manager, sales contractor or promoter. ///// Those are some pretty broad exemptions, no? That makes our discussion of your attempt to redefine words a moot point, since the statute doesn't even cover these, the majority of the state's cemeteries (and, no doubt, a vast majority of the state's Geocaches).

From the Tennessee Codes, Annotated, we see the definition of Amusement Devices, and what are *not* Amusement Devices (see (3), below). In legislation, the term "Amusement" is intentionally specific -- entertainment derived from Amusement Devices. Likewise, "Games" would refer to statutorily-controlled Games ... of Chance, for example. The legislature has no interest or ability to specify what games children can play, or what their parents might find amusing. Play a game of "I Spy ... " while waiting for a funeral? For shame! You've just played a game *and* been amused! That violates our interpretation of the laws of your state! PUBLIC ACTS, 2008 PUBLIC CHAPTER NO. 723 SENATE BILL NO. 3547 SECTION 2. Tennessee Code Annotated, Section 68-121-101, is amended by adding the following language as new, appropriately designated subdivisions: ( ) "Amusement device" means: (1) Any mechanical or structural device that carries or conveys a person, or that permits a person to walk along, around or over a fixed or restricted route or course or within a defined area including the entrances and exits thereto, for the purpose of giving such persons amusement, pleasure, thrills or excitement. The term shall include but not be limited to roller coasters, Ferris wheels, merry-go-rounds, glasshouses, and walkthrough dark houses. (2) "Amusement device" also includes: (A) Any dry slide over twenty (20) feet in height excluding water slides; and ( Any portable tram, open car, or combination of open cars or wagons pulled by a tractor or other motorized device, except hay rides, those used solely for transporting patrons to and from parking areas, or those used for guided or educational tours, but which do not necessarily follow a fixed or restricted course. (3) "Amusement device" shall not include the following: (A) Devices operated on a river, lake, or any other natural body of water; ( Wavepools; © Roller skating rinks; (D) Ice skating rinks; (E) Skateboard ramps or courses; (F) Mechanical bulls; (G) Buildings or concourses used in laser games; (H) All terrain vehicles; (I) Motorcycles; (J) Bicycles; (K) Mopeds; (L) Go karts; (M) Bungee cord or similar elastic device; (N) An amusement device which is owned and operated by a nonprofit religious, educational or charitable institution or association, if such device is located within a building subject to inspection by the state fire marshal or by any political subdivision of the state under its building, fire, electrical and related public safety ordinances; or (O) An amusement device which attaches to an animal so that while being ridden the path of the animal is on a fixed or restricted path.

Given your 30 years of experience, do you have an opinion based on the information that you've been presented, or other information that you have at your disposal?

I posted this as an off-topic response on a thread in the general forum, I'd like to copy it here to preserve the analysis and, hopefully, further the discussion in a more appropriate, locally-focused way. I've heard for years that "it's illegal to geocache in Tennessee cemeteries, thanks to a recent change in the law, but at least Groundspeak has grandfathered existing caches". Well, after hearing this often enough I started to wonder ... where does it actually say that this activity is illegal? Well, last night I did some digging and found that what we've been told is apparently incorrect. Following is my original post, copied in its entirety: ////////////////// First, it's important to note the context of this state law, the "Cemetery Act of 2006". It was enacted during the emotional, and horrifying, mistreatment of customers by one Clayton Smart, who is now in prison for what is likely to be the rest of his natural life. I won't go into it here, but it's some interesting reading if you would like to pursue this tangent with Google searches. He bought up multiple cemeteries in MI and TN, and then tried to renege on pre-sold burial contracts and maintenance, then trying to file BK to protect his once-significant personal assets. Not good, for anyone. Noting the intended target of this legislation, it is important to note that this legislation specifies that: "46-1-101. (a) The provisions of this chapter apply to all cemeteries, community and public mausoleums, whether operated for profit or not for profit, within the state of Tennessee, except cemeteries exempt under §46-1-106. ... and what, you might ask, falls under the exemptions of TCA 46-1-106? Well, that would be ... "46-1-106. (a) The provisions of this chapter and chapter 2 of this title do not apply to: (1) Cemeteries owned by municipalities; (2) Cemeteries owned by churches, associations of churches, or church governing bodies; (3) Cemeteries owned by religious organizations; (4) Family burial grounds; or (5) Cemeteries owned by general welfare corporations created by special act of the general assembly ... " Thus, THE ACT DOES NOT APPLY TO CEMETERIES RUN BY A TOWN, A CHURCH OR RELATED TO A CHURCH, A FAMILY, OR ANYBODY ELSE WITH SPECIFIC PERMISSION. Ultimately, it applied to very few operators not named "Clayton Smart", but it also penned him in so he couldn't wiggle into some new manifestation of fiduciary default. ******************** OK, so the "Cemetery Act of 2006" doesn't apply to many cemeteries. Now, what is a "game of amusement"? Let's look at a legal definition: "Amusement game is any game that provides entertainment or amusement. Amusement games conducted as part of gaming, by licensed organizations, are usually games of chances. Prizes money may be received. The outcome is unpredictable. The following is an example of state statute (Washington) defining the term. Pursuant to [Rev. Code Wash. (ARCW) § 9.46.0201] "Amusement game," as used in this chapter, means a game played for entertainment in which: (1) The contestant actively participates; (2) The outcome depends in a material degree upon the skill of the contestant; (3) Only merchandise prizes are awarded; (4) The outcome is not in the control of the operator; (5) The wagers are placed, the winners are determined, and a distribution of prizes or property is made in the presence of all persons placing wagers at such game; and (6) Said game is conducted or operated by any agricultural fair, person, association, or organization in such manner and at such locations as may be authorized by rules and regulations adopted by the commission pursuant to this chapter as now or hereafter amended. Cake walks as commonly known and fish ponds as commonly known shall be treated as amusement games for all purposes under this chapter." ************************** And finally, the actual language of the statute itself, taking into account "Game of Amusement" definition and the context of the full verbiage: "46-1-313. (a) No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the same, or injure any tree, plant or shrub therein, or hunt or shoot therein, play at any game or amusement therein, or loiter for lascivious or lewd purposes therein, or interfere, by words or actions, with any funeral procession or any religious exercises. ( B ) (1) A violation of this section is a Class E felony." ************************** In short, then, it seems that the "Tennessee Cemetery Act of 2006" specifically proscribes gambling in cemeteries owned by Clayton Smart or any other profiteering weasel. Other than that, it has no impact on geocaching in general or in historic church/town/family cemeteries in particular. It seems that reviewers in Tennessee (particularly over here in the Memphis area, where there are still some understandably raw nerves given the recent experience with Mr. Smart) have already taken an unnecessarily cautious approach to reviewing cemetery caches. It would be an overreach for them, or anybody else, to take any further action based on the Tennessee Codes Annotated as discussed here.

What Keystone said. Sure, thanks for your input, it was very helpful. Except his response was to sort of legitimize/minimize a misinterpretation of a law that sets a precedent within the geocaching community, directly related to the topic at hand. So, yeah. He posted while I was composing about ... decomposing? Now that the legal issues are refuted, I fully agree, let's get back on topic.

I apologize for stepping into a discussion gone off-topic, but there's another consideration of this whole "geocaching is against the law in Tennessee" discussion. Specifically, it seems that (despite the unsubstantiated rumor to the contrary), geocaching actually is almost *never* illegal in Tennessee cemeteries. First, it's important to note the context of this state law, the "Cemetery Act of 2006". It was enacted during the emotional, and horrifying, mistreatment of customers by one Clayton Smart, who is now in prison for what is likely to be the rest of his natural life. I won't go into it here, but it's some interesting reading if you would like to pursue this tangent with Google searches. He bought up multiple cemeteries in MI and TN, and then tried to renege on pre-sold burial contracts and maintenance, then trying to file BK to protect his once-significant personal assets. Not good, for anyone. Noting the intended target of this legislation, it is important to note that this legislation specifies that: "46-1-101. (a) The provisions of this chapter apply to all cemeteries, community and public mausoleums, whether operated for profit or not for profit, within the state of Tennessee, except cemeteries exempt under §46-1-106. ... and what, you might ask, falls under the exemptions of TCA 46-1-106? Well, that would be ... "46-1-106. (a) The provisions of this chapter and chapter 2 of this title do not apply to: (1) Cemeteries owned by municipalities; (2) Cemeteries owned by churches, associations of churches, or church governing bodies; (3) Cemeteries owned by religious organizations; (4) Family burial grounds; or (5) Cemeteries owned by general welfare corporations created by special act of the general assembly ... " Thus, THE ACT DOES NOT APPLY TO CEMETERIES RUN BY A TOWN, A CHURCH OR RELATED TO A CHURCH, A FAMILY, OR ANYBODY ELSE WITH SPECIFIC PERMISSION. Ultimately, it applied to very few operators not named "Clayton Smart", but it also penned him in so he couldn't wiggle into some new manifestation of fiduciary default. ******************** OK, so the "Cemetery Act of 2006" doesn't apply to many cemeteries. Now, what is a "game of amusement"? Let's look at a legal definition: "Amusement game is any game that provides entertainment or amusement. Amusement games conducted as part of gaming, by licensed organizations, are usually games of chances. Prizes money may be received. The outcome is unpredictable. The following is an example of state statute (Washington) defining the term. Pursuant to [Rev. Code Wash. (ARCW) § 9.46.0201] "Amusement game," as used in this chapter, means a game played for entertainment in which: (1) The contestant actively participates; (2) The outcome depends in a material degree upon the skill of the contestant; (3) Only merchandise prizes are awarded; (4) The outcome is not in the control of the operator; (5) The wagers are placed, the winners are determined, and a distribution of prizes or property is made in the presence of all persons placing wagers at such game; and (6) Said game is conducted or operated by any agricultural fair, person, association, or organization in such manner and at such locations as may be authorized by rules and regulations adopted by the commission pursuant to this chapter as now or hereafter amended. Cake walks as commonly known and fish ponds as commonly known shall be treated as amusement games for all purposes under this chapter." ************************** And finally, the actual language of the statute itself, taking into account "Game of Amusement" definition and the context of the full verbiage: "46-1-313. (a) No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the same, or injure any tree, plant or shrub therein, or hunt or shoot therein, play at any game or amusement therein, or loiter for lascivious or lewd purposes therein, or interfere, by words or actions, with any funeral procession or any religious exercises. ( B ) (1) A violation of this section is a Class E felony." ************************** In short, then, it seems that the "Tennessee Cemetery Act of 2006" specifically proscribes gambling in cemeteries owned by Clayton Smart or any other profiteering weasel. Other than that, it has no impact on geocaching in general or in historic church/town/family cemeteries in particular. It seems that reviewers in Tennessee (particularly over here in the Memphis area, where there are still some understandably raw nerves given the recent experience with Mr. Smart) have already taken an unnecessarily cautious approach to reviewing cemetery caches. It would be an overreach for them, or anybody else, to take any further action based on the Tennessee Codes Annotated as discussed here.

Found it 03/12/2015: Found the cache. Just the top, container was gone. needs a lot of work. Found it 06/13/2015: Someone has removed this geocache Found it 08/08/2015: Didn't find the box:( Seeing the futility here, I posted a NM log after confirmed that it really was gone. To add to the fun, the C/O responded with an "Owner Maintenance" log (so his green wrench could counteract my red wrench, I guess), which consisted of ... "It's looks like someon from the naberhood has removed the cache. Last time I was down there I could(n't) even find the rope. I don't think I will ever get around to replacing it. Any one is welcom to remake it. It was a tin water bottle (any water tight container that can be tied to) with a brick ried to it to hold it under, then there was a rope attached to it that lead to a rock in the water flow area ... " I'm speechless, which is a rare phenomenon. Just ... wow. And that's all I've got to say about that.

That looks a lot like what I did earlier this summer, though I did it in one day (WV to ME -- 12 states plus DC. I had to save VT for the return trip, as it was too far out of my way on the way up). As a native Mainer, I recognized your final destination without having to look at the detail ... what a great choice! I had looked at the oldest caches in each of those states in your itinerary, and many won't be near your route, but CT and MA should be pretty doable and the ME cache, in Fort Williams at Cape Elizabeth / South Portland, is in a very scenic park and is an easy find. Enjoy your trip, and happy caching!

Poor guy sounds like he's (at least) bipolar, and the newborn pushed him over the edge. I hope he and his family can focus on their well-being, and not worry about unnecessary distractions/frustrations.

Well, there can be two answers. One is cache density, efficiency, and determination. The other is simple dishonesty. We have a case down in the southeastern US of a person who claims to have passed through on his way to a vacation destination a few months ago. What caught our attention locally in Memphis was that he pretended to simply blast his way through what we all knew to be a difficult 22-cache circuit. It turns out he signed ONLY the fist log ... located at the parking lot ... and then claimed the entire circuit. This same "cacher" did himself proud on his way back home. He claims to have covered some 600 miles in one day, while collecting 120 caches (none of which were on "power trails", but rather individual caches located at/near highway exits across the southeast US) on that same day. Now, I happened to do a recent road trip that covered many of the same markets. I hit a few of the caches that this cacher claims to have found, and I noticed that his signature isn't located on any of the logs. Nor, I'd note, did he make any claim to have signed any of the logs in any of his posts ... so, I guess he's in the clear, from a sort of lawyer's kind of view, since he never made any representation to have found or signed any of the caches that he's claimed online. For what it's worth, I'd also note that my wife and I were able to get 60 caches today in a market that we hadn't yet cached in, and it took us less than 5 hours to accomplish this (in a city of less than 50k people). When I'm on the highway, though, I was only able to gather about a cache every 12 minutes ... so, if I'm driving 600 miles at an average of 60 mph, I could have picked up about 5/hour over a maximum of 14 hours of caching (assuming no eating, sleeping, or stopping for fuel!), or about 70 caches at an absolute maximum in addition to the miles driven. Anything beyond this, as you suggest, requires something beyond the physics of time & space that we usually recognize. The person who claimed to cover 600 miles and gather 120 non-powertrail caches along his route is, to be blunt, a liar. A liar who is deluding only himself.

If the cache owners take exception to it, they can delete the logs since he didn't sign the logbooks. The best way to combat this is to be diligent about your own cache maintenance. Yes, 21 of his 22 "finds" were deleted. I also see that this person, who tends to get a dozen or fewer caches per week, claimed to drive some 600 miles and find 125 (non-powertrail) caches on a later date during his roadtrip vacation, but that spans several states and many many dozens of C/O's. So, he's racked up some mighty impressive (?) numbers that are unlikely to be checked. I guess if he's impressed himself, good for him. It just seems to go against everything that geocaching should stand for, but to each their own, right?

I noted this on the "Didn't Find = Found It" thread, but in short: We apparently had a 10,000-"find" cacher pass through town this spring. On a series of 22 caches along a 4-mile hike, which no cacher has yet found all caches on the first go'round, this visitor claimed to have found all 22 caches with a nonchalant: "Starting our day off with a little hike before we head South again looking for more sunshine. Thanks for the cache and the fun we had doing it". The trail begins at a parking lot and ends the loop with the last cache about 600' from the starting point. This guy found and signed the first one, then apparently left ... but not before claiming all 22 caches as "found". He then continued on to another series south of us and claimed all of those, which is also almost impossible given the amount of time necessary to do so (not to mention high water impeding access to the caches at that time). Not only is this guy cheating himself, he's sort of cheapening the whole experience for everyone (and particularly the cache owners who put legitimate effort into hiding and maintaining their caches).

Here's a new one, perhaps the ultimate "fuggle" action: A local cacher placed a series of 22 caches in a state park with rolling hills, covering about 4 miles of moderately challenging hiking. Several of the caches were quite tricky, stumping all local cachers that attempted the series (it took me three visits to finally find the last of the series, and so far I'm the only person to have found all 22). Back in April a cacher (with almost 10k logged finds) passed through from Michigan on his way down to the Gulf Coast. He apparently stopped here for a day or two and claimed that he found all 22 of the caches in this series with this nonchalant copy & paste: "Starting our day off with a little hike before we head South again looking for more sunshine. Thanks for the cache and the fun we had doing it. " It turns out that he did have a pen on him long enough to sign the first cache ... but somehow, his name doesn't show up on ANY OF THE OTHER 21 CACHES. He claimed every one of 'em. Fuggle?

Two Geocachers thought it be a great thing to go caching after celebrating a wedding. I assumed that they were celebrating with alcohol and then took off in the middle of the night to go caching in a rural area. All is well. They were found the next day wading in the Wolf River. Be sure to make waypoints to find yourself in the woods... especially when you're in an unfamiliar area or intoxicated. MorWoods

Forgive my ignorance (I'm still a fledgling), Why do you want a barcode on the travel bugs? And how do we log in a barcode? MorWoods