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Black Hawk Judge Affirms Bike Ban

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Black Hawk Judge Affirms Bike Ban

Old 12-01-10, 06:19 PM
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Black Hawk Judge Affirms Bike Ban

From https://bicyclecolo.org/articles/blac...ban-pg1118.htm

Black Hawk Judge Affirms Bike Ban

Black Hawk’s Municipal Judge denied bicyclists’ Motion to Dismiss tickets received for riding their bicycles through the town this summer. The eight page order is available here.
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Old 12-01-10, 07:48 PM
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$$$ talks, so advocate spending your money in Cripple Creek instead.
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Old 12-01-10, 08:06 PM
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Does that now mean that it is illegal to ride any bike on any city street? Sure sounds like it!
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Old 12-02-10, 10:08 AM
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The ordinance disallowed cycling on what I think are the main roads through town. The opinion states that the ordinance does not impede the constitutional right to travel because cyclists can walk their bikes through town. A bizarre and strained opinion. I trust it will be appealed.
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Old 12-02-10, 10:20 AM
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I would love to see a paraplegic with a handcycle challenge this one.
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Old 12-02-10, 11:57 AM
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Originally Posted by Kerlenbach
The ordinance disallowed cycling on what I think are the main roads through town. The opinion states that the ordinance does not impede the constitutional right to travel because cyclists can walk their bikes through town. A bizarre and strained opinion. I trust it will be appealed.
Sounds like a good location for CM. GRIN
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Old 12-02-10, 12:41 PM
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From Wikipedia.

The ban was prompted by a surge in vehicular traffic following the change in maximum casino betting limits from $5 to $100. Black Hawk City Manager Michael Copp said that the city council, which passed the new law, believes it is best for the casinos and their patrons. The penalty for riding a bicycle through Black Hawk is a $68 fine.[16]
At first I just assumed this was just another two bit town with council members with too much time on their hands who had some sort of grudge against cyclists. Now, I see it has much more to do with money and casinos. Maybe they just need to get rid of the casinos.
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Old 12-02-10, 12:54 PM
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Fortunately for cyclists in California the Vehicle Code prohibits local municipalities from doing this kind of thing. Planners in rural Ramona east of San Diego are having just such a discussion. What they fail to realize is that CVC 21200(a) prohibits the enforcement of such a decision.
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Old 12-02-10, 01:12 PM
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Originally Posted by Ray R
Fortunately for cyclists in California the Vehicle Code prohibits local municipalities from doing this kind of thing. Planners in rural Ramona east of San Diego are having just such a discussion. What they fail to realize is that CVC 21200(a) prohibits the enforcement of such a decision.
Not quite. The relevant law is CVC 21. "Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the State and in all counties and municipalities therein, and no local authority shall enact or enforce any ordinance on the matters covered by this code unless expressly authorized herein."

This is probably the strongest statement of statewide uniformity in the nation. Many of the legal troubles incurred by cyclists in other states are caused by the legal authority of local governments to exercise their antipathies toward bicycle use.
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Old 12-03-10, 12:19 AM
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Originally Posted by Kerlenbach
The ordinance disallowed cycling on what I think are the main roads through town. The opinion states that the ordinance does not impede the constitutional right to travel because cyclists can walk their bikes through town. A bizarre and strained opinion. I trust it will be appealed.
I would love to see the comparable anti-car ordinance that requires motorists to walk their cars. My city is trying to force cyclists to walk their bikes to the (few) bike racks found downtown while still allowing the motorists to drive their cars across the same sidewalks to access car-only parking structures. I'll walk my bike when they walk their cars.
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Old 12-03-10, 08:09 AM
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There is a small community very near Austin called Rollingwood and it is between downtown and some popular cycling routes into the hill country. They have signs in their neighborhood saying something to the effect that cyclists are welcome, but must obey the traffic laws. Not sure if they could ban them here in TX, but I thought it was a nice touch.
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Old 12-03-10, 09:38 AM
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Originally Posted by genec
Sounds like a good location for CM. GRIN
Go into town on a busy day, with a large group dressed in cycling attire. Browse all the stores but buy nothing. Be sure on your way out of the store to apologize for not being able to purchase anything due to the bike law, but you got some nice ideas for purchases you may pick up in the next town over. Go to the next town over, and buy lots of things. Ask the shop owners to send thank you cards to the Blackhawk shop owners, thanking them for the business.
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Old 12-03-10, 09:51 AM
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Now there's a prime location for a Critical Mass Ride...
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Old 12-03-10, 11:38 AM
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Originally Posted by nelson249
Now there's a prime location for a Critical Mass Ride...
Yeah, I'm sure a bunch of unruly cylists clogging their streets and diobeying traffic laws will make them change their minds about banning bicycles.
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Old 12-03-10, 11:48 AM
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How about critical walk?
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Old 12-03-10, 12:15 PM
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Originally Posted by genec
How about critical walk?
Probably a better idea, as it wouldn't involve forking over $68.
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Old 12-03-10, 12:21 PM
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How about a critical walk with a critical shop and don't buy, followed by a critical buy in the neighboring town?
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Old 12-03-10, 12:42 PM
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Probably wouldn't do much of anything, when you think about it. The city's source of revenue is probably their casinos, and I doubt a singular event where you get a bunch of people to not shop there who normally wouldn't shop there in the first place wouldn't really do much to convince anyone to make it so that you can ride your bike through town and continue to not shop there anyway.
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Old 12-03-10, 03:45 PM
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Originally Posted by RandomExeter
Probably wouldn't do much of anything, when you think about it. The city's source of revenue is probably their casinos, and I doubt a singular event where you get a bunch of people to not shop there who normally wouldn't shop there in the first place wouldn't really do much to convince anyone to make it so that you can ride your bike through town and continue to not shop there anyway.
OK, how about packing the casinos with people and have them not gamble... Like that's going to happen, but it would neat to see it happen.
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Old 12-03-10, 05:18 PM
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The whole town has something like 100 citizens, the judge being one of them. He's on the Casino's payrolls just like everyone else.

It will be appealed and eventually overturned.
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Old 12-03-10, 05:44 PM
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The sooner this bit of stupidity is appealed and outlawed the better.
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Old 12-03-10, 07:02 PM
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Is the main road a state highway? If it's not just ignore it, it's some podunk town that doesn't matter filled with people that don't matter.

Sorry all 100 residents of that gambling town: You don't matter.


If it is a state highway this is problematic. There are little podunk towns on every one of them in the US and having to dismount and walk at each one would be a serious bummer.
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Old 12-03-10, 10:25 PM
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Originally Posted by crhilton
Is the main road a state highway? If it's not just ignore it, it's some podunk town that doesn't matter filled with people that don't matter.

Sorry all 100 residents of that gambling town: You don't matter.


If it is a state highway this is problematic. There are little podunk towns on every one of them in the US and having to dismount and walk at each one would be a serious bummer.
Cyclists are allowed on the state highway through town.

The biggest issue is the only paved street connecting Black Hawk to Central City and what used to be a popular route off the peak to peak highway is not a state highway and cyclists are banned. Funny thing is it used to be state highway, but back in 2000 the state relinquished control.
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Old 12-04-10, 12:28 AM
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Originally Posted by genec
Sounds like a good location for CM. GRIN
*evil grin*
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Old 12-04-10, 12:33 AM
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Originally Posted by genec
How about critical walk?
lol

or a:

critical skip
critical cartwheel
critical run
critical crawl
critical hop

Anyone one of them would tick those morons off.
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