In light of the tragic loss of Blake A. Chavez, a veteran, on July 1, 2013, we are demanding the implementation of Blake’s Law.

 

On July 1, 2013, Blake was pulled into the undercurrent of the Neosho River next to the Neosho River dam in Oswego, KS. Though signs were placed in the area labeled no swimming, fishing is permitted. There is also a family oriented park nearby with picnic tables and barbecue grills, next to an open area where people can walk right up to the water’s edge. The Corp of Engineer’s, who control the floodgates at the John Redmond Reservoir at Burlington, at times release large amounts of water that produce a deadly undercurrent at the point of the Riverside Park low water dam, which may not be visible at the surface.

 

On July 3, 2013 Labette County Sheriff Robert Sims stated that Blake's death should be a “wakeup call to some”. We reject the idea that Blake and others who have perished die to the failure of authorities to enact common sense measures to restrict access to such a dangerous area are simply a wakeup call and a statistic. We believe the ones who make public policy and permit access to such a dangerous area should be the ones to wake up and place the safety of the public first and foremost.

 

Sheriff Sims also stated to the media the following quotes. 


A) "I just like people to always keep in mind, Kansas, a lot of these what we call low water dams and they really are dangerous. Fishing in them is very common in the area but they really need to take that into regard and be safe and keep a safe distance from them."

 

B) "[The local low lying dams] can really be deceiving; though the depth of the water aren't necessarily a problem, but the water current around here is very swift."

 

In light of the admission of the dangers to this area, the unrestricted access, and the tourism from Riverside Park that attracts non-locals and families with small children who may not be educated or familiar with the dangers present to a location just a few steps from a family park with unrestricted access other than a few signs that do not adequately communicate the life threatening dangers of the seemingly calm surface waters BE IT KNOWN THAT

 

We, the citizens of Labette County and surrounding areas, hereby demand the following corrections be undertaken to prevent another senseless tragedy, and that these measures be named Blake’s Law, in honor and memory of Blake A. Chavez.

 

1) We demand that the family friendly area be moved to a safer location, and that a public area for fishing and swimming be established at a safer location upstream or downstream from the dam, at a safer distance from the undertow.

 

Fishing and swimming are a way of life in the Neosho river for many people. Currently, there is only an area provided in a dangerous section close to the dam for fishing and a flat out ban on swimming. The City of Oswego has a duty to listen to it’s citizens to provide a safe area to swim if they desire to, rather than being forced to risk their lives by having to swim in a potentially deadly area, as it’s the only space provided for any water activity. Currently the only area provided for any water activities is near a dam, and by providing an alternative area to fish that is safer, they could permit swimming as well, as opposed to simply banning swimming at the only area of the Neosho that is provided for public access in the city. There is no reason why the fishing area could not be moved upstream away from the dam undertow. Such a solution would provide the citizens with the ability to catch the same fish that they would at the site of the dam without the risk of death if they fell in the river, and would also permit an area where swimming could be permitted, as opposed to an outright restriction.

 

2) We demand that the warning signs be updated to include a message that “Entry to the waters could lead to the loss of life by an extremely dangerous and deadly undertow”. 


Currently there are warning signs; however these signs are vague in communicating such a deadly danger and individuals excited about a leisurely day could miss these signs, or underestimate the reasons for the no swimming ordinance. In our society we are naturally curious. An ordinance banning swimming because the city does not want people urinating in a river is going to be less respected than one banning swimming due to a deadly undertow
.

 

3) We demand that our elected officials demand, and that the U.S. Army Corp of Engineers inform city authorities downstream when they release water at least 24 hours in advance, and that the city establish a sign which states when the water releases are occurring.

 

 


It is the public’s right to know when a river is deadly due to a man made dam. In the era of the internet, it would not be a difficult thing to have Burlington inform downstream Law enforcement agencies of an impending water release. Notices at Riverside Park also would not be difficult. A wooden sign could be made with a sliding window, and a patrolling officer could slide the window to reveal a warning that the dam is releasing water, creating a deadly undertow which would warn citizens, instead of having them play Russian Roulette because nothing happened the times before they swam and they presume it is always safe. Public education is an unquestionable demand to prevent future tragedies.

 



4) We demand an increase of Labette County Sheriff’s patrols until these laws are implemented, and we demand that these officers remain diligent in issuing tickets to violators.

 

Riverside Park is a popular attraction, and individuals go swimming on a daily basis when the water releases are not implemented. Ticketing is meant to stop dangerous behavior, it is currently unlawful to swim, and officers should not have a discretion on whether to issue tickets when such a dangerous threat exists. Even while fishing is permitted, officers should take the initiative to walk up to fishing individuals and remind them of the dangers of entering the water, and educate them as to why. Officers are public safety servants, and an annoyance of being reminded of the laws and dangers is better than the loss of life.

 

WE THE CITIZENS OF LABETTE COUNTY, KANSAS DEMAND that these issues be considered and implemented to ensure the safety and protection of life of our citizen’s, and to ensure that Blake A. Chavez did not die a senseless death in vain.