I have a right to tread water, alone in the middle of Wolfeboro bay on a busy 4th of July, does not make it smart to do so. I could easily end up dead, right or not.
Laws cannot prevent all stupid behavior or decisions. Legal activity may not be smart or safe activity. Personal decisions and accountability still come in to play.
I personally would not float around in a kayak at a fireworks show in the middle Wolfeboro Bay. I would think it was a good way to invite trouble. If someone else thought it was a good idea, well this is their decision. I guess they can except the results. Of course, they might attempt a law suit.
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