[*BCM*] Parades vs. travelling on a bike
dabbotthammond at comcast.net
Fri Mar 4 19:18:13 EST 2005
Here are my best guesses:
> 1. How many vehicles/pedestrians must be travelling together (communally
> agreeing to travel in the same direction, and going the same place)
> before a permit is necessary? 2, 4, 10, 50, 100?
I bet this is governed by local ordinance, rather than at the state level.
It probably varies.
> 2. Is it the act of agreeing to travel together that makes it a parade?
That's part of it. I think one key component is in the intent: a "parade"
is held to celebrate, honor or display something (as opposed to a
"demonstration" held to protest or persuade). A second key component may be
its location - in the vehicular right-of-way - as opposed to, say, the
sidewalk or the road shoulder.
> 3. Should all group bike/car/pedestrian trips have to get permits to
> travel on public roads?
Absolutely not. That's totalitarian, IMHO.
> 4. Is arrest of non-permitted group travellers an appropriate punishment
> for the "crime"?
Technically, you are "under arrest" from the moment a law officer
communicates a request to you to stop moving. "Come here, I want to talk to
you.", or flashing blues/siren on is enough to qualify as a request to stop.
It's what happens afterwards - restraint and transportation (cuff 'n' stuff)
that enters the realm of punishment.
> 5. Is arrest of those violating traffic laws appropriate? (Seperately
> from the parade issue.)
Yes. See above.
> If you can tell me the legal answers to these questions, I'll come up
> with a plan. If not then I guess we just have to keep riding our bikes
> the way we believe is best, and see what happens.
I think one can argue in court that a CM ride is a demonstration, not a
parade. So then, what is a charity ride? Neither, I would guess. What do
the organizers of these rides do in regards to alerting the authorities
about their event.
I have a suggestion - turn CM into a charity ride. Everyone bring a
non-perishable food item and the CM stops at a food pantry or shelter or
something. Good PR, and maybe it sidesteps the whole parade issue.
> who was arrested for trying to get a bis driver's name after he
> assaulted her, and was then told by the judge to stop riding in the
> road, and get on the sidewalk (In Boston, where sidewalk biking is
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