Chilkat Valley News - Serving Haines and Klukwan, Alaska since 1966

Paul Nelson, 68, who won first place in the Haines Chamber of Commerce's reverse Fourth of July parade for his float, was awarded $50 from the chamber and charged with a misdemeanor by the Haines Police Department.

Officer Michael Fullerton charged Nelson nine days after the July 4 parade for driving the float, a car cut in half and balanced on caster wheels, in the Southeast Alaska State Fair parking lot while his license was canceled. Nelson is disputing the charge in court, which was downgraded to an infraction at his arraignment last week because the police mistakenly charged Nelson with a crime that's applied after a DUI charge. Nelson is arguing that he can't be cited for the infraction while driving on private property.

Nelson, whose license was canceled in 2019 after he had a seizure while driving, said he was aware he wasn't legally allowed to drive, but after researching case law determined he was allowed to drive on the lot owned privately by the Southeast Alaska State Fair. He said friends towed his float to and from the fairgrounds parking lot where the parade took place.

"Since we were towing it to the fairgrounds, I really didn't think there'd be a problem," Nelson said. "Nine days later (Fullerton) shows up at my shop (Bigfoot Auto) and hands me a ticket for driving while my license is suspended, canceled or revoked. They charged me with a misdemeanor."

Nelson made a motion to dismiss for cause during his arraignment. He cited a 1985 case, Conner v. State of Alaska, where the Alaska Court of Appeals overturned a district court ruling after a man was charged with violating the same law after driving at a Carr's parking lot in Anchorage.

The Court of Appeals ruled that the parking lot was private property and not a public "vehicular way or area" that's covered under the state statute police allege Nelson violated.

Nelson said he can apply to get his license reinstated since he hasn't had a seizure in six months, but has yet to do so. He said he wouldn't knowingly put anyone at risk. "I wasn't going to go driving in front of god and everybody without a driver's license unless there was a way I could do it legally and because it was on private property, it was within the law," Nelson said.

Fullerton declined to comment.

Nelson, a vocal critic of the police budget, said he thinks he was treated unfairly.

"They love me so much," Nelson quipped. "I'm sure it has nothing to do with the fact that I went to the assembly and said 'These guys are spending way too much of our money. We don't need all of these police. We need less police.' I don't think I'm real popular with them."

His case will go to trial on Aug. 17. He is representing himself in court.