>"one of the six billion"
[email protected]
wrote:
><
[email protected]> Newsgroups: rec.bicycles.rides Sent: Thursday, January 23, 2003 7:28 AM
>Subject: Bicyclist found guilty of blocking traffic
>
>
>This is from today's (23 January 2003) Arizona Daily Star newspaper in Tucson, Arizona:
>
>
http://www.azstarnet.com/star/today/30123BICYCLIST2fsrl-jmd.html
>
>NOTE: The link will change tomorrow. Best way to go back to the story would be to go to:
>
>
http://www.azstarnet.com/
>
>and navigate to the Thursday Star. Use the "Thursday" link that's halfway down the page on the
>left side.
>
>With regards from Tucson, Martha Retallick
Failing that, here's the story in its entirety:
By Susanna Caizo ARIZONA DAILY STAR 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.
In summary and based solely on the above:
Rush hour- sixteen cyclists- four citations- three guilty pleas- one plea of not guilty with a
finding of guilty- one appeal on the way.
On its face, this *sounds* like a loss on appeal. It will be interesting to see what happens.
Regards, Bob Hunt