Legally Speaking - with Bob Mionske
Please step away from the bike, sir
By Robert Mionske JD
Interestingly, a case from your state of Texas was decided only a few weeks ago, on January 9. The Village of Hunter's Creek, near Houston, had a law prohibiting all bicycle use on roads running adjacent to a useable path. A cyclist, was fined $100 for breaking the law, and appealed, claiming that it violated her right of free travel. The court rejected her argument, finding that a local ordinance cannot impinge on the right to free travel because only interstate travel is protected by the U.S. Constitution. This ruling (Toma v. State, 2003 WL 139720) may help open the door to citywide bicycle restrictions and the effect of its ruling should be watched carefully by bicycle activists and lawyers.