Cyclist Acquitted of "Operating a bike in the Roadway" in Ohio
Arizona Road Cyclist News subscriber Rob Walton
sent me a link to an interesting story about a court
decision involving cyclists in Ohio. The decision was handed
down over a year ago on December 23, 2008 concerning a
motion to dismiss the case against two cyclists who were
charged with resisting arrest, disorderly conduct,
"Operating a bike in the Roadway," and failure to comply
with the order or signal of a police officer. The case is of
interest, because it can be cited in other court proceedings
[State v. Patrick, 153 Ohio Misc.2d 20, 2008-Ohio-7142].
If you would like to read the judge's 11-page ruling in PDF
format as he wrote it, you can do so by clicking
here. For those who want a quicker read, I have provided a
three-paragraph summary below.
A sheriff's deputy of Lawrence County, Ohio was driving on a
two-lane road when he came upon two cyclists riding
side-by-side and traveling in the same direction. The
officer passed the cyclists and then noted in his rearview
mirror that the cyclists did not move into single file to
allow other motorists to pass. The officer pulled off the
road and told the cyclists to "pull over," which they
refused to do. The officer got back into the cruiser and
pursued the cyclists with his siren and lights on and told
the cyclists through his public address system to pull over.
When the cyclists didn't comply, he pulled up beside them,
rolled down his window, and told one of the cyclists that he
was under arrest and to pull over. The cyclists continued to
pedal on.
At that point, the officer then pulled in front of the cyclists and
attempted to block the roadway with his cruiser, but the
cyclists rode around him. The officer got back into his car,
got in front of the cyclists again, and shot one of the
cyclists with a Taser and then arrested him.
The judge ruled that the cyclists may have been
"inconsiderate, rude, and possibly dangerous," but that they
had violated no law. He noted that "Riding a bike in the
Roadway" is not illegal in Ohio and that cyclists are
also
permitted to ride two abreast. There is no statute in Ohio
that requires bicyclists to go single file to permit traffic
to pass. The judge also wrote that a charge of impeding
traffic could not be sustained, because the cyclists would
have to be traveling at a speed that is "unreasonable for a
bicycle in order for there to be a violation." Therefore,
the judge ruled that the deputy had no probable cause to ask
the cyclists to pull over. The deputy had witnessed
the cyclists' actions and [should have known] that they had
done nothing illegal. Although the judge remarked
that the cyclists' were unwise
not to stop and
speak with the deputy, he also noted that the
cyclists "had a fundamental right to be left alone under the
Fourth Amendment...."
Want
to Show Off Your Old Bike?
I received the following E-mail from Tammy Parker of the
Phoenix Parks and Recreation Department. Hmm... 1980s era
bicycles? I have a number of bikes older than that stashed back in
the corner somewhere.
Dear Mr. Quinn and Arizona Road Cyclist News,
Greetings from
Historic Heritage Square in downtown Phoenix. On
Saturday, Feb. 6, 2010 we will be hosting our free annual
Motoring Thru Time event which features antique and classic
vehicles on exhibit throughout the park courtesy of valley
enthusiasts. These exhibit vehicles have also included
wonderful bicycles such as several beauiful ones from the
1950s/60s and even a reproduction Highwheeler. If you have
any members that would like to exhibit their late 1800s
through mid 1980s era bicycle we would enjoy having them
participate. Event pre-registration is free, but required
(registration forms can be downloaded from our park's
Calendar of Events
page).
If you have any questions please feel free to contact
me. I look forward to hearing from you.
Happy New Year! :)
Tammy Parker, 602 262-5071
City of Phoenix Parks and Recreation Department
Historic Heritage Square - Heritage & Science Park
115 N. 6th St., Phoenix, AZ 85004
www.phoenix.gov/parks/heritage.html
tammy.parker@phoenix.gov
AmeriSchools Academy Bicycling Club
AmericSchools is a charter school with campuses in Phoenix,
Tucson, and Yuma. The school is starting a bicycle club in
order to introduce its students and their families to the
sport of bicycling with the hope of turning them into
lifelong cyclists. Rides will be before or after school with
a possible weekend ride added in the future. The school with
work together with the Coalition of Arizona Bicyclists to
offer training seminars to novice riders on Saturdays or
Sundays. The motivator behind the club is Gary LeBlanc, the
school's superintendent. To access the AmeriSchool Website,
click
here.
AmeriSchools is requesting the help of the cycling community
to get its program up to speed. The club plans to use
mountain bikes, due to the inexperience of most of the
student participants. The club is asking for donations of
mountain bikes in good working order with either 20- or
26-inch wheels, medium-sized bicycle helmets, small cycling
gloves, and family memberships to the Arizona Bicycle Club.
Tour
Down Under on Versus -- January 19 to 24
Thanks to Lance Armstrong's entering Tour Down Under as part
of his buildup to the 2010 Tour de France, Versus will broadcast
the Australian race or at least a half-hour summary of each
stage of the race. As of this writing, the best information that
I have is that the broadcast will be from 4 to 4:30 p.m. Arizona
time each day from January 19 through January 24, but it would be best to check the schedule as the date
approaches. Versus is a premium channel available on Cox Cable
and the Dish Network, but not on Direct TV.
Women's Cycling Clinic -- January 9 and 10
As reported in the previous edition of Arizona Road
Cyclist News, a women's cycling clinic will be
held this weekend January 9 and 10 at Tribe Multisport, 7620 East Indian
School Road in Scottsdale. This clinic is aimed at women who are
considering racing, but it could be a useful clinic for any
woman who wants to get the most out of cycling, wants to be able
to do emergency maintenance on her own bike, and who wants to be
able to ride comfortably in a tight group. Both sessions start
at 7:30 a.m. and end at 3:30 p.m. or at 4:30 p.m. on Saturday
for those who want to take advantage of a pedal-stroke analysis.
Saturday's session starts with a threshold test ride followed
by a session on nutrition and hydration and a session on
perfecting your pedal stroke. The following session are entitled
"Core Stability Information and Workout" (I have no idea what
that means) and "AllSports GPS -- Tracking Your Ride and Speed",
which sounds to me like an infomercial for the AllSports GPS
device.
Sunday will have two tracks. The session begins with "Mindset
Coaching -- Thinking Yourself to Success" and is followed by a
choice of two rides: cornering skills for advanced riders or
group-riding skills for novices. The third session concerns
training with a heart-rate monitor, and Sunday's session closes
with a choice of either the novice or the advanced bike
maintenance class.
Registration is $25 per day or $40 for both days. The only
requirement, other than being female, is to be able to ride at
least 14 miles per hour for two hours. Those who have a heart
rate monitor are requested to bring it, although the monitor is
not required. To access the clinic's Website, click
here.
Casa
Grande Century -- January 10; New PMBC Website
The Phoenix Metro Bicycle Club holds its annual Casa Grande
Century Ride on January 10 with 102-, 62- and 34-mile options.
Traditionally the first century of the new year, this ride
includes sag stops and a hot lunch at Dave White Regional Park
in Casa Grande.
Due to the cool January weather, riders get to sleep in and
start the ride at a civilized hour. Check-in is from 8 to 9 a.m.
at the Safeway story at 4970 South Alma School Road in Chandler.
There is no mass start, so riders can leave as soon as they are signed
in.
The cost of mail-in registration for the century and metric
century rides is $20 for individual riders who are members of
the PMBC, GABA and ABC and $25 for others plus a $5 late fee for those not
already registered.
The 34-mile ride costs only $15 plus the late fee. Tandem teams
should add $15 for the second rider. Although there was early online
registration for this even, it is now closed.
To access the ride's Website and to find links to the ride's
flyer, registration form and release form, go to the PMBC's new
WEbsite at www.pmbcaz.org.
(Note, when I attempted to navigate the site, I found the server
to be EXTREMELY slow, so you may need more than a little bit bit
of patience to navigate it.)
The
Tour de Hero Metric Century -- January 23
United Blood Services is promoting the Spanglish-entitled
Tour de Hero on January 23 with the goal increasing blood
donations. This is a metric century ride (100 kilometers or 62
miles) that visits five blood donor centers. The ride starts at
the Black Canyon center at I-17 and Bethany Home and proceeds to
the following donor centers: Glendale at 59th Avenue and Union
Hills, Paradise Valley at Bell and 32nd Street, Airpark at
Hayden and 83rd Place, and Commerce at Hayden and McDowell
before returning to the starting point. Organizers say that the
route is on bike paths, bike lanes, and bike-friendly streets.
The registration cost is $20. Parking for the event is at the
Big Lots complex at 2230 West Bethany Home Road. Check-in opens
at 8 a.m., and the ride starts at 8:30. After the ride, pizza
will be served from 2:00 to 3:30 p.m.
Riders who register by January 15 receive a free T-shirt. In
addition, for every blood donor that a rider refers between
January 2 and January 22, the rider will receive a raffle ticket
for a drawing for a "Find the Hero in You" jersey or a pair of
lower-level tickets to the Suns versus LA Lakers game on March
12. However, it is not necessary to refer a donor to join the
ride.
To access the ride's Website, which contains a wealth of
information about the event, click
here. To access the online registration site, click
here.
Vulture Mine Time Trial -- January 23
The racing season starts early in Arizona. This year four
races are scheduled in January. This year's season begins in
my favorite traffic-ticket trap, Wickenburg, Arizona where
the Vulture Mine Time Trial will be held on January 23.
The race gets its name from the fact that it is held on the
Vulture Mine road. Riders have a choice of either a 20- or a
40-kilometer course.
The course is described as rolling. When putting on time
trials, clubs are encouraged to include a category for all
riders in five-year increments, but for some reason, Procon
decided not to head this advice. The oldest category for men
is 55+, and all masters women over 35 race in one category.
There is also only one junior's category, which apparently
means that 12-year-old girls will be racing against
17-year-old boys. In a time trial, each rider's start time
is individually scheduled, so it is no more
difficult to post the results men's, women's, boys' and
girls' races in five year increments than it is to score
them in larger groups. Get with the program, Procon!
Registration is $23 for adult riders and $3 for juniors.
Registration is online through
bikereg.com. The winner of each category with at least
five riders receives a $25 prize, just enough to cover the
entry fee and buy a coke. Check-in is in the Wickenburg High
School parking lot, 1090 South Vulture Mine Road in
Wickenburg.
The Vulture Mine Time Trial Web page can be viewed by
clicking
here, and the race flyer in PDF format can be viewed and
downloaded by clicking
here.
Driving advice for those going to the race: a major source
of income for the Town of Wickenburg is traffic tickets
given to out-of-town drivers, and the police and town court
work hand in glove to keep that money rolling in. Be sure to
slow to the posted speed limit before each speed
limit sign and be very sure that when you enter one of the
new roundabouts there is no traffic whatsoever already in
the roundabout. Be on the lookout for an unmarked tan SUV.
You do not actually have to violate a traffic law to get a
traffic ticket in Wickenburg, and if you challenge the
ticket in court, you will be found responsible unless you
are represented by a very good attorney. Terms such as "due
process" do not apply in Wickenburg.
Picacho Century -- February 7
The Greater Arizona Bicycle Association (GABA) will promote
the Picacho Century on February 7. This is a mostly flat century
that starts at Cortaro and Silverbell in Tucson and heads north
through Avra Valley to Marana and Picacho. There are four
distance options, a 100-mile century, a 65-mile metric plus
century, a 35 mile ride and a 15 miler. The cost of the ride is
$40 with $15 discount to GABA and Arizona Bicycle Club members.
Add $10 for day-of-the-event registration. The entry fee includes sag stops and apparently
chow, as there is a box on the entry form to check off for a
vegetarian meal. To access the ride's Website, click
here.
Avondale Criterium -- January 24 and February 21
Procon is also promoting the Avondale Criterium, or more
precisely, criteriums as there will be two races on two
different dates. The first race will be held on January 24
and the second on February 21 on a course in the area near
the junction of South Avondale Boulevard and Coldwater
Springs Boulevard in Avondale. The course is clockwise with
three turns and one long semicircular loop. Again, many age categories are combined, although this
can be better justified in a criterium where only one group
of racers is on the course at a time. Entry fees vary from
$25 to $35 for adults and $3 for juniors. There is a $10
late fee, although I was unable to determine from the
information online on which date that fee begins. There
is also a $5 unattached fee for riders who are not members
of a USA Cycling registered racing team.
To view the race's Web page, click
here and to view the event flyer in PDF format, click
here. The online registration site is located
here.
U of
A & Swiss Criteriums -- January 30 & 31.
Finishing of the January racing calendar are the U of A
Criterium on January 30 and the Swiss Criterium on January
31. As this was written, I was unable to find information
about these two races online. Look for details in the next
edition of Arizona Road Cycling News.
Valley of the Sun Stage Race -- February 12 to 14
The Valley
of the Sun Stage Race is put on each year by the White Mountain Road Club
and held in memory of my late friend and fellow racer John
Early. This is one of Arizona's
premier cycling races and attracts riders from throughout the
Southwest and from Mexico.
There are three stages to this race: a time trial held in the
West Valley at Sun Valley Parkway near I-10 exit 109 on Friday,
February 12, a circuit race held south of Phoenix near I-10 exit
185 on Saturday, February 13, and a criterium held at the State
Capitol Complex in West Phoenix on Sunday February 14. The prize
list includes $10,000 in cash plus primes.
The entry fee is $40 for junior riders who will be 18 years
old or younger at the end of 2010, $80 for category 4 and 5
riders and masters 35 years of age and older, $85 for category 3
riders, and $90 for professional and category 1 and 2 riders.
The fee structure applies to both men and women. There will also
be a kids' bike rodeo put on in conjunction with the Phoenix
Police Department. As of this writing, I was unable to find any
information on how long the various races for each category of
riders will be except that the time trial is 14.2 miles.
To access the event's Website, click
here.
You can also read a short biography of John Early by
clicking
here.
About
Arizona Road Cyclist News
Arizona Road Cyclist News is sent out every two
weeks by E-mail to its subscribers. Subscriptions are free of
charge. Arizona Road Cyclist News is copyrighted. You
may forward the entire copy by E-mail to anyone you wish. You
may also copy and send individual articles as long as you cite
Arizona Road Cyclist News as the source.
If someone has sent you this newsletter and you would like to
subscribe, you may do so by going to the Website
www.azroadcyclist.com.
All E-mail addresses are held confidential. We do not share them
with anyone, and at any time you may
unsubscribe and thereby permanently erase your personal
information from our servers.
We ask for your Zip code in order to get an idea of our
subscriber distribution and not for any other purpose.