[*BCM*] Parades vs. travelling on a bike
Anne Wolfe
goannego at yahoo.com
Mon Mar 7 11:25:03 EST 2005
Following all traffic laws isn't *quite* what I'm saying re: the definition of a parade,
although I do think that if CM followed all traffic laws (single file, stop at lights,
etc) they would be unlikely to get arrested and prosecuted as they wouldn't be
interfering with traffic in any way, which would make it very hard to force the "parade"
definition on them.
But there are built in provisions that traffic is to stop at stopsigns, etc. Traffic is
also (depending on the jurisdiction on where you live) supposed to stop at crosswalks,
for exactly the reason that pedestrians can cross there safely. Since the law
specifically provides for this action to happen, it is hard to categorize pedestrians
lawfully crossing at a crosswalk (which may include them having to wait until it is
reasonable, or there's a red light or something - it varies so much that generalizations
are hard to make) as a parade. Jaywalking, on the other hand.........
When it comes to the law, often nuance IS what it is all about. There's a lot of stuff
that obviously violates the law, and you'd know a lot of theft, unlawful killing,
tresspass and parades (to name a few!) if you saw it. But the real case law comes in the
stuff that makes you draw the line somewhere. The definition of theft may be as (hee
hee) simple as "dishonest appropriation with intent to permanently deprive" but if trust
me there's more than one case to define, distinguish and nuance every word in that
defintion except "with" and "to." Parade isn't going to be any simpler.
--- Chung-chieh Shan <ccshan at post.harvard.edu> wrote:
> On 2005-03-06T19:45:34-0800, Anne Wolfe wrote:
> > A group of pedestrians who cross at a crosswalk in violation of the
> > traffic laws could well be a parade. They're unlikely to get busted
> > for such, as a) it is a pretty quick parade meaning it is unlikely
> > the cops will arrive in time, and b) there are plenty of other laws
> > covering this sort of thing (jaywalking springs to mind.)
>
> > But think about it. Two people decide they are going to cross a
> > crosswalk a 10.00 a.m., whether or not there is traffic coming,
> > whether or not the light is in their favor, just because it is 10.00
> > a.m. A short parade, but definitely a parade. Turn it 90 degrees and
> > picture these same two people walking down themiddle lane of traffic.
> > Just one block. Parade? Yes. Small one, crazy one, but still
> > parade. The crosswalk only changes as to the regs of when traffic has
> > to stop for them. In some states, the law is that traffic always has
> > to stop for pedistrians in a crosswalk. Therefore, the flow of the
> > traffic IS that it has to stop if this condition is present. Not a
> > parade.
>
> > Getting a bit nuanced, but I hope you see my point. And if you don't
> > think my arguments are reasonable, fine, but it would help if you'd
> > provide your own definitionof a parade.
>
> Nuance is all it's about. (:
>
> You seem to be saying that anything that's legal according to traffic
> laws is not a parade (hence the crosswalk laws of the particular state
> is relevant). Would you say, then, that if Critical Mass were to follow
> all traffic laws, then it would not be a parade (and so would not need a
> permit)? Obviously, "follow all traffic laws" in the previous sentence
> must exclude any restrictions on parades, or we'd be making a circular
> definition. Note that traffic laws require vehicles behind to pass only
> when safe, but does not require vehicles ahead to yield just because it
> is moving slower.
>
> --
> Edit this signature at http://www.digitas.harvard.edu/cgi-bin/ken/sig
> Dude or his dudeness or el duderino
> > _______________________________________________
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-------------------------------------------------
I know exactly what I want right now. I want a hot shower, and I want the Clash. - me. 3/4/05, 7:42 a.m.
NEW E-MAIL! goannego at gmail.com
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