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Old 09-08-11 | 07:26 AM
  #1  
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BF Member needs our help

OK folks, time for all of us commuters to step up to help one of our own.
Details can be found in this thread: https://www.bikeforums.net/showthread...uot-versus-Law

In a nutshell, the cops feel that her 10yr old daughter shouldn't be riding her bike to/from school unsupervised. She really needs the counsel of an attorney as she fights this thing...and she's really giving it the good fight, but she's lacking in one important resource - money. That is what this thread is for...to come together as a community to help one of our own.

To that end, she has a Paypal account we can send donations directly to using this email address: TennesseeDelight[at]aol.com (I sent a donation via PayPal already to verify everything works OK) Please send a donation of whatever you can afford...it would be greatly appreciated and is for a great cause that we all have a stake in...not only our right to ride on the roadways, but also our right to raise our kids as we see fit.

Note: If you aren't familiar how to send money via PayPal, just log into your account, click the Send Money tab, enter TennesseeDelight[at]aol.com in the TO box, the amount you want to send and the type of payment (I used Personal - Gift), then click Continue.

Please, let's limit discussion of the actual issue to the A&S thread I linked to above and use this thread strictly for words of encouragement, confirmation of donations sent, and of course bumps!

Thanks so much for your generous cooperation on this matter, I appreciate it and I am sure that BikeMomTn and her family appreciate it even more!

FYI, if for some reason you can't or don't want to use Paypal for making a donation, please PM BikeMomTn to work out some other arrangement that works for both of you.
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"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey

Last edited by Juha; 09-08-11 at 08:00 AM. Reason: Breaking the e-mail link to prevent e-mail harvesting
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Old 09-08-11 | 07:35 AM
  #2  
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I'll be sending a little something after pay day tomorrow. It's an issue that's important to me since my 11 year old son rides his bike to school now and then. It's a parental choice, not one for the police unless there's an actual law prohibiting it.
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Old 09-08-11 | 07:37 AM
  #3  
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Thanks for starting this thread. In case anyone was wondering, chipcom got prior approval from management.
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Old 09-08-11 | 07:41 AM
  #4  
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For those who can't help out with money, you can still help out by putting a link to this thread in your sig (like I have) or just pointing people to it as part of your normal discussions.
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"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
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Old 09-08-11 | 07:48 AM
  #5  
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From FOX News

https://www.foxnews.com/us/2011/09/07...est=latestnews
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Old 09-08-11 | 07:48 AM
  #6  
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Nice job, but unfortunately, even if I do want to help her out, I'm in the fixed income and I haven't got a job yet.

I will spread this information to my family members.

By the way, replace the @ with {at**. Spam harvesters will be looking for threads containing e-mail addresses. Pardon me for being so hyperbolic, but I can only hope she is using her e-mail address as a secondary to her primary (private) e-mail address.
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Old 09-08-11 | 07:57 AM
  #7  
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Originally Posted by GraysonPeddie
By the way, replace the @ with {at**. Spam harvesters will be looking for threads containing e-mail addresses.
I agree, and I changed the e-mail address. chipcom, if you think this is just being overly paranoid, please feel free to edit the real e-mail back in the post.
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Old 09-08-11 | 08:07 AM
  #8  
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Originally Posted by Juha
I agree, and I changed the e-mail address. chipcom, if you think this is just being overly paranoid, please feel free to edit the real e-mail back in the post.
No, thanks for changing it...I of all people should have known better.
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"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
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Old 09-08-11 | 09:32 AM
  #9  
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Originally Posted by Bucko Mi
I could not be reached for comment....funny, no one attempted to call me. And now I also notice that the Chief's story has once again changed. Humorous. I do believe I will research recent cycle accidents because that would make the news around here and I can't ever remember seeing any such thing.

Anyhow, thank you to all for your support in all areas. I am not attempting to sue the city or make any gains for myself regarding this. I am attempting to institute a SRTS program in this area, including the educational support available through the program. I would like to retain an attorney for correct handling of the situation so that I don't inadvertently hurt cyclists in the process.
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Old 09-08-11 | 09:45 AM
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Thats crap. The cops cant tell you if your kids needs to be supervised or not to go to school. Look at the kids walking to school. When I was in second grade, we had to walk ourselves to school.

grrrrrr.
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Old 09-08-11 | 10:01 AM
  #11  
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I don't live in your community, so it's difficult to speak to your particular situation, but bringing an attorney into the picture means you are contemplating litigation. That will not generate much good will. The wiser approach would be to open a dialog within your community, perhaps a public meeting with governmental officials, to find solutions to the problem. I think the Safe Routes to School program (never heard of it before) is a good start. Good luck!
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Old 09-08-11 | 10:10 AM
  #12  
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alan, thank you for your input, I greatly appreciate it. I am working with the SRTS very closely actually regarding this situation. However when The Police Chief goes on national news and states "Bailey told FoxNews.com that police have notified the District Attorney's Office and that Tryon could potentially face child neglect charges if the situation continued.." I believe an attorney retained is indeed a prudent decision.
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Old 09-08-11 | 10:25 AM
  #13  
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Originally Posted by BikeMomTn
alan, thank you for your input, I greatly appreciate it. I am working with the SRTS very closely actually regarding this situation. However when The Police Chief goes on national news and states "Bailey told FoxNews.com that police have notified the District Attorney's Office and that Tryon could potentially face child neglect charges if the situation continued.." I believe an attorney retained is indeed a prudent decision.
There are three realistic options to address the situation:

1. take your child off the bike
2. continue letting your child ride to school and risk prosecution
3. find a way for your child to ride to school that is safe, in the opinion of the entire community, which includes you, your neighbors, and the police/government/school system/etc.

If it were me, I'd choose #3, with a temporary fallback to #1.
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Old 09-08-11 | 10:36 AM
  #14  
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if you wish to discuss the topic we need to keep it in the A&S thread as the moderators have said.
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Old 09-08-11 | 10:53 AM
  #15  
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Originally Posted by alan s
I don't live in your community, so it's difficult to speak to your particular situation, but bringing an attorney into the picture means you are contemplating litigation. That will not generate much good will. The wiser approach would be to open a dialog within your community, perhaps a public meeting with governmental officials, to find solutions to the problem. I think the Safe Routes to School program (never heard of it before) is a good start. Good luck!
When involved in any dispute with law enforcement or the government in general, it's just freakin common sense to engage an attorney to protect yourself. The problem here, as it is with way too many people in this country, is that such no-brainer, basic legal protection is not easily affordable. Bottom line, something as basic as the advice of an attorney should not be a luxury only for those with the means to pay for it. BikeMomTn is a cyclist and her daughter is a commuter...they're one of us - I for one jump at the chance to help them out, as I and others have helped other members here in times of need. We're a community, right?
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Old 09-08-11 | 11:10 AM
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Thanks for doing this Chip.
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Old 09-08-11 | 11:28 AM
  #17  
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Originally Posted by chipcom
When involved in any dispute with law enforcement or the government in general, it's just freakin common sense to engage an attorney to protect yourself. The problem here, as it is with way too many people in this country, is that such no-brainer, basic legal protection is not easily affordable. Bottom line, something as basic as the advice of an attorney should not be a luxury only for those with the means to pay for it. BikeMomTn is a cyclist and her daughter is a commuter...they're one of us - I for one jump at the chance to help them out, as I and others have helped other members here in times of need. We're a community, right?
Help can come in many forms, including advice from others.
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Old 09-08-11 | 11:31 AM
  #18  
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Originally Posted by chipcom

Please, let's limit discussion of the actual issue to the A&S thread I linked to above and use this thread strictly for words of encouragement, confirmation of donations sent, and of course bumps!
This was what was discussed with the moderator I believe alan and we need to follow the rules. I do agree help also comes in the form of advice however the correct thread for this is: https://www.bikeforums.net/showthread...uot-versus-Law
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Old 09-08-11 | 11:33 AM
  #19  
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Has anybody suggested to the police that their attention should be equally guided toward citing car drivers passing bicycles unsafely. Also, the police could act as guardians for the girls's 1 mile commute. That would cover a couple bases. First, it would make sure the cars are obeying the laws, and making sure one of their citizens is getting to school safely.

One last note, if there are some local bike clubs near by, some of the club members could ride shotgun for the young girl.

Just suggestions,
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Old 09-08-11 | 11:36 AM
  #20  
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Keep up the good work Chip! BikeMomTn, best wishes!
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Old 09-08-11 | 11:49 AM
  #21  
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I am updating the relevant media links to this including the police report (some are new)

Police Report: https://i1082.photobucket.com/albums/...511_report.jpg
1rst media Review: https://www2.tricities.com/news/2011/...e--ar-1275159/
2nd news Review: https://www.starhq.com/news/html/news...-bikegirl.html
3rd news Review: https://www2.richmond.com/lifestyles/...ng-ar-1282182/
Latest news Review: https://www.foxnews.com/us/2011/09/07...stnews#content

Podcast: https://www.wjcu.org/files/audio/show...2011-09-03.mp3

For those asking why I need an legal representation? The police department cant make up its mind what the story is much less where they want to go from here. They will talk to everyone accept me (go figure). I have no idea what to expect them next and I would rather be well prepared.
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Old 09-08-11 | 11:54 AM
  #22  
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Originally Posted by alan s
Help can come in many forms, including advice from others.
Oh, I agree....and I am sure she appreciates every bit of it. I'm just saying that retaining the advice of an attorney is a prudent measure and not necessarily a flag denoting impending litigation, as you seemed to take it as.
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"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
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Old 09-08-11 | 11:59 AM
  #23  
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Originally Posted by BikeMomTn
I am updating the relevant media links to this including the police report (some are new)

Police Report: https://i1082.photobucket.com/albums/...511_report.jpg
1rst media Review: https://www2.tricities.com/news/2011/...e--ar-1275159/
2nd news Review: https://www.starhq.com/news/html/news...-bikegirl.html
3rd news Review: https://www2.richmond.com/lifestyles/...ng-ar-1282182/
Latest news Review: https://www.foxnews.com/us/2011/09/07...stnews#content

Podcast: https://www.wjcu.org/files/audio/show...2011-09-03.mp3

For those asking why I need an legal representation? The police department cant make up its mind what the story is much less where they want to go from here. They will talk to everyone accept me (go figure). I have no idea what to expect them next and I would rather be well prepared.
My daughter's new <cough> boyfriend has legal issues that he's tried to address without an attorney...which explains why he's been in jail 3 times now, is fixing to make another (at least) trip, cannot get a driver's license, has his income tax refunds taken and can't keep money in any bank account. If he had been able to afford an attorney early on, he may have spared himself getting caught up in the no-win spin-cycle that our legal can be when you can't afford representation or at least sound legal advice.
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"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
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Old 09-08-11 | 12:06 PM
  #24  
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So very true Chip and right now I really need someone local who knows the laws to aid me
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Old 09-08-11 | 01:34 PM
  #25  
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Originally Posted by BikeMomTn
So very true Chip and right now I really need someone local who knows the laws to aid me
I see your greatest hurdle dealing with child protection authorities. this is an animal in and of itself that is way bigger than you could possibly deal with. Once they get their claws into your family, there may be no extracting them. I would make sure your lawyer is well versed in dealing with child protective services easily as much or more than dealing with state law.
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