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08-26-10, 01:23 PM
Bike Ban Court Proceedings Begin
Bicyclists Have Moved to Dismiss the Charges Based on an Invalid Ordinance
Gregory Street is part of Black Hawk's current bike ban.
On Wednesday, August 18, three bicyclists that received tickets for riding their bikes in Black Hawk appeared in court for arraignment and pled not guilty based on an invalid ordinance. This initiates the legal process to determine the validity of the bike ban.
At the hearing, the defense attorneys moved to dismiss the charges and submitted a legal brief arguing that bike ban violates state law and is unconstitutional. Primary among the arguments are that the bike ban ordinance violates state law because it prohibits cycling on the access road connecting Black Hawk to other communities, and that it is unconstitutional because it treats Black Hawk citizens differently from visitors.
The judge ordered a comprehensive briefing schedule and set a hearing for oral argument on the matter for October 20 in Black Hawk.
View the Brief Online
Bicyclists Have Moved to Dismiss the Charges Based on an Invalid Ordinance
Gregory Street is part of Black Hawk's current bike ban.
On Wednesday, August 18, three bicyclists that received tickets for riding their bikes in Black Hawk appeared in court for arraignment and pled not guilty based on an invalid ordinance. This initiates the legal process to determine the validity of the bike ban.
At the hearing, the defense attorneys moved to dismiss the charges and submitted a legal brief arguing that bike ban violates state law and is unconstitutional. Primary among the arguments are that the bike ban ordinance violates state law because it prohibits cycling on the access road connecting Black Hawk to other communities, and that it is unconstitutional because it treats Black Hawk citizens differently from visitors.
The judge ordered a comprehensive briefing schedule and set a hearing for oral argument on the matter for October 20 in Black Hawk.
View the Brief Online