Black Hawk bike ban court case

From Bicycle Colorado via

On Wednesday, August 18, three bicyclists that received tickets for riding their bikes in Black Hawk appeared in court for arraignment and pled not guilty based on an invalid ordinance. This initiates the legal process to determine the validity of the bike ban.

At the hearing, the defense attorneys moved to dismiss the charges and submitted a legal brief arguing that bike ban violates state law and is unconstitutional. Primary among the arguments are that the bike ban ordinance violates state law because it prohibits cycling on the access road connecting Black Hawk to other communities, and that it is unconstitutional because it treats Black Hawk citizens differently from visitors.

The judge ordered a comprehensive briefing schedule and set a hearing for oral argument on the matter for October 20 in Black Hawk.

The case is being heard in Black Hawk’s Municipal Court, which holds court once a month on the third Wednesday of the month under Judge Ronald W. Carlson. In Colorado, city court judges are hired by the city council, so it’s a hopeful sign that Judge Carlson is even willing to hear this case.

Maybe he’s bemused by the 39 page brief submitted by defendants’ counsel for a traffic ticket.

The Motion to Dismiss is a fascinating read. Besides the comprehensive list of the Colorado statutes the city of Black Hawk violates through their bicycle ban, some of the highlights include:

Props to Colorado cyclists for funding this defense. I’m sure St Charles Missouri cyclists are watching this closely.

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