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Article: Judge: Bicyclist slowed traffic on E. Speedway Arizona Daily Star; Jan 23, 2003
Article: 16 bicyclists to fight impediment tickets Arizona Daily Star; Jan 2, 2003
Attorney General Opinion 100-002,(if that link breaks there's also a local copy in /cases; Re: Applicability of State Statutes to the Operation of Bicycles
The journalist, very kindly provided me with a link to the mentioned Attorney General's opinion, and some hints about how to get the city attorney's opinions (which I have not obtained -- almost certainly the AG opinion is a carbon copy of the 1999 opinion)
----- Original Message -----
From: Susanna Caņizo
To: Ed Beighe
Sent: Tuesday, February 25, 2003 2:32 PM
Subject: Re: Judge: Bicyclist slowed traffic on E. SpeedwayHi - Here's a link to the AG's website that has the 2000 opinion [see above]:
You can call the city attorney's office at 791-4221 to request a copy of the Michael House opinion (dated March 27, 2002) and the Tom Berning opinion (dated April 6, 1999).
Regards,
Susanna Caņizo
The AG opinion was, unsuprisingly, at the request of three Tuscon lawmakers.
Arizona Daily Star; Tucson, Ariz.; Jan 23, 2003; Susanna Caizo;
Copyright The Arizona Daily Star Jan 23, 2003
A bicyclist was found responsible by a City Court judge on Wednesday for slowing down traffic on East Speedway near Downtown during a group bike ride held in November.
Leo Mellon said he will appeal Judge David Dingeldine's decision to Pima County Superior Court, and his continuing legal struggle is being applauded by bicycling advocates.
"I was in violation of no laws," Mellon said Wednesday, after the judge's ruling. "I do these rides because I firmly believe they're legal."
On Nov. 1, Mellon rode his bicycle on eastbound Speedway near North Fourth Avenue with a group of 16 cyclists during evening rush hour. The cyclists were stopped by police and given citations for slowing traffic.
Mellon's attorney, Melynda Barnhart, argued Wednesday that the cyclists were not blocking the entire flow of traffic on Speedway: They stayed in the curb lane, while motorists had the median lane available to pass the cyclists.
She said bicycles are a legitimate form of traffic and have a right to be on city streets. Barnhart said it's not realistic to expect bicycles to travel at the same speed as motor vehicles.
Prosecutor Alan Merritt said Mellon violated both the law and common sense by not pulling his bicycle over to let vehicles pass him.
Longtime bicycling advocate Bill Katzel, who attended Wednesday's hearing, said he's glad Mellon will be able to challenge the ruling. "I think it will be reversed. There's no question in my mind," he said.
If a Superior Court judge rules in favor of Mellon, that would establish case law that could be used to throw out future citations, Katzel said.
Mellon was cited for impeding traffic in 1995 and 1998, and he successfully challenged those citations. But rulings made in City Court don't set a precedent, as a ruling in Superior Court would, Barnhart said.
Katzel said the issue needs to be resolved - he believes police and court resources are being wasted when cyclists are given tickets for impeding traffic.
Mellon, who has participated in the Community Bike Ride for several years, walks or rides his bicycle to get around. He believes cars are an unhealthy form of transportation. "We're out there on our bicycles because we want to assert our right to use public roads. We deserve safe passage on city streets," he said.
Three other cyclists who had hearings scheduled after Mellon's made plea agreements and said they were responsible for impeding traffic. They will either pay a $25 fine or complete five hours of community service.
Without the plea agreements, they could have faced $50 fines or 10 hours of community service if the judge found them responsible for the citations.
Contact reporter Susanna Caizo at 573-4176 or slcanizo AT
azstarnet DOT com.
Arizona Daily Star; Tucson, Ariz.; Jan 2, 2003; Susanna Caizo;
Copyright The Arizona Daily Star Jan 2, 2003
CORRECTION RAN JANUARY 3, 2003 A2
A B1 story on Thursday misstated the number of clients being
represented by attorney Melynda Barnhart. She is representing 14
bicyclists who are challenging traffic tickets in City Court this
month.
Sixteen bicyclists who were cited by Tucson police for allegedly slowing rush-hour traffic on East Speedway in November will challenge their tickets in City Court this month.
They believe police officers have misinterpreted state laws that apply to cyclists riding in traffic.
The cyclists participated in a group ride on Nov. 1. They rode a short distance along Speedway near North Fourth Avenue before being stopped by police.
According to a police report, the cyclists took up an entire lane on eastbound Speedway and "backed traffic up at least 10 car lengths" at around 5:30 p.m.
They received citations under a state law that prohibits motor vehicles from traveling at slow speeds and blocking "the normal and reasonable movement of traffic." Bicyclists are generally required to follow the same traffic laws as motorists.
A section of that same law requires a slow-moving vehicle on a two-lane road to pull off the road if five or more vehicles have formed a line behind it - giving them a chance to pass.
Leo Mellon, 49, was among those cited. He believes the law about vehicles slowing down traffic doesn't apply on a four-lane road - like the part of Speedway where the cyclists were stopped by police. With eastbound traffic traveling on two lanes, Mellon said, motorists had one lane available to pass the cyclists.
"We stick to roads that are four lanes," he said. "That way we feel that we're not obstructing traffic." Mellon said the cyclists rode two abreast and as close as possible to the curb, in compliance with a different state law.
Deputy City Attorney Laura Brynwood said she could not comment on the pending cases.
In 1999, former City Attorney Tom Berning wrote an opinion about the state law that prohibits vehicles from impeding traffic - in response to a request from Tucson police.
Berning wrote that while cyclists may comply with one law by riding two abreast and near the curb, they can violate the other law by slowing traffic: "Compliance with one law does not excuse violation of another."
The opinion states that cyclists who slow traffic on a four-lane road, versus a two-lane road, are still violating the law.
In March, the 1999 opinion was reviewed by current City Attorney Michael House at the request of bicycling advocate Bill Katzel. According to House, the Berning opinion and a related state attorney general opinion, "continue to be correct interpretations of the law."
Attorney Melynda Barnhart, who represents the 16 cyclists, said the city is trying to intimidate cyclists and keep them off busy roads. "The underlying assumption is that you're not supposed to ride your bicycle at all," she said.
Mellon is a longtime bicycling advocate who has been cited twice before for allegedly impeding traffic - in 1995 and 1998. In both cases, he challenged his tickets and won.
Over the years, he has participated in the Critical Mass Community Bike Ride, a periodic ride meant to "keep bicycles in the public's eye."
"We usually do it during rush hour because that's when the most motorists are out there," he said. "The point is not to disrupt traffic. We do it to raise awareness.; Bikes are an excellent form of transportation."
Mellon said some of the cyclists who were cited on Nov. 1, including himself, have participated in past Critical Mass rides, where large groups of cyclists try to take up entire roadways as a political statement.
Critical Mass demonstrations held in the mid-1990s attracted as many as 100 cyclists, and Tucson police at times responded in riot gear.
Mellon said police officers who patrol on bicycles don't lead by example. He's seen them ride in groups with more than two abreast and on sidewalks. "They pretty much have carte blanche to do what they want."
When police stopped the group of riders on Nov. 1 for slowing traffic, many of the cyclists received additional citations for not having their headlamps turned on - it was dusk when they were pulled over.
One of the cyclists, 26-year-old Cullen Cramer, said his lamp was on while he rode, but the pedal-powered lamp turned off when the ride stopped. He explained this to an officer, but still received a citation.
Cramer believes the police are harassing bicyclists. "By giving out these blanket charges, they wear people out because we have to take the time to fight it in court," he said.
Officer Kathy Wendling, a Tucson police spokeswoman, said the question of whether Cramer was properly cited is now a court issue.
Most of the 16 cyclists will have their hearings in City Court before the end of this month.
Contact reporter Susanna Caizo at 573-4176 or at slcanizo AT
azstarnet DOT com.
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