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Bike bans declared unconstitutional in Colorado, introduced in Missouri

Bike bans declared unconstitutional in Colorado, introduced in Missouri

Bike happy, cyclists, and bike free! The Colorado Supreme Court this week overturned a ban on bikes in the town of Black Hawk, where since June 2010 cycling citizens have been forced to walk their bikes through downtown’s narrow roads or face $68 tickets. From The Denver Post:

Black Hawk’s ban forced cyclists to walk their bikes through the city’s casino-lined streets on the southern end of the famed Peak to Peak Highway, a high-country scenic by-way popular with road cyclists. …

Black Hawk had argued that its home-rule status allowed it to script its own traffic laws. The city said the 2009 state law that required vehicles to give cyclists a 3-foot berth was unmanageable for gambler-toting tour buses and casino delivery trucks navigating Black Hawk’s narrow streets. So the city’s leaders chose to ban bikes. …

The Supreme Court ruled the issue was not just local but impacted state residents. The court noted that municipalities can ban bikes — Denver prohibits pedalers on the 16th Street Mall, as does Boulder on a stretch of Pearl Street — but it must provide alternate routes within 450 feet, as required by state law.

The city’s statement on Monday said it would “look for alternatives” to address safety concerns but would not develop an alternate bike path. “The city has no plans to construct any special accommodations to address this issue.”

I wonder if Missouri State Rep. Rick Brattin (R) reads the Colorado news? Maybe he should! The state legislator is planning to introduce a bill to ban bicycling on at least some state roads. From the Missouri Bicycle and Pedestrian Federation:

Rep. Brattin appeared on local TV news earlier in January, complaining about bicyclists on the newly completed Highway 150, which runs through portions of Kansas City, Grandview, and Lee’s Summit, near the northern edge of Brattin’s district.

Highway 150 is in the Longview Lake area, one of the most popular areas for bicycling in the Kansas City metro area. Numerous individuals and groups large and small hold daily, weekly, monthly, and annual rides in this area. It is a real center of bicycle activity in the metro area. …

Rep. Brattin is now working on creating a bill to ban bicyclists from certain roads in Missouri, based on his belief that bicyclists should not be allowed on roads like Highway 150. … Brattin had a bill drafted to require bicycles to be inspected, registered, and display a special bicycle license plate. There would be special requirements for bicyclists under the age of 16.

However, Rep. Brattin was not happy with this draft and has discarded it — it is not strong enough for his tastes. He indicated that he wants to introduce a bill that will actually ban bicyclists from roads like Highway 150.

Maybe grumpy Brattin just resents all those happy cyclists.

Susie Cagle writes and draws news for Grist. She also writes and draws tweets for

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Bike bans declared unconstitutional in Colorado, introduced in Missouri

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Supreme Court takes on dirty water

Supreme Court takes on dirty water

Nobody wants to take responsibility for nasty, polluted storm-water runoff. But the Supreme Court might soon force a few somebodies to do just that.

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Today the court is hearing two cases on runoff from logging roads in the Pacific Northwest, which environmentalists say can threaten fish.

And tomorrow the court will hear a case on Los Angeles’ filthy storm water, which contains “high levels of aluminum, copper, cyanide, fecal coliform bacteria and zinc,” the U.S. 9th Circuit Court of Appeals said last year. That water flows into the Los Angeles and San Gabriel rivers and ultimately pollutes the area’s beaches.

The fight over L.A.’s dirty water began back in 2008, when the Natural Resources Defense Council brought suit against the county flood control district, hoping to force stricter measures to prevent water pollution. But the county doesn’t acknowledge that the water is its responsibility. From the Los Angeles Times:

County officials agree storm water is polluting the rivers but disagree on who is responsible. Its one monitoring station along the Los Angeles River is in Long Beach, near where it empties into the ocean.

“Yes, there are pollutants in the water, but dozens of municipalities are upstream from there. It’s a collective runoff. It doesn’t point to a particular source,” Gary Hildebrand, assistant deputy director of the L.A. County Flood Control District, said in an interview.

In court, the flood control district’s lawyers have argued that because the Clean Water Act regulates only “discharges” of pollutants, the county is not responsible for discharges that come from the thousands of drains in the county’s 84 cities.

The dispute, if nothing else, illustrates the difficulty of regulating storm water. The Clean Water Act of 1972 first targeted “point sources” of pollution, such as an industrial plant putting toxic chemicals into a creek, or a sewage plant that was leaking sewage into a river. Violators could be identified and forced to stop the pollution.

By contrast, a heavy storm sends water flowing from across a vast area, picking up pollutants along the way. There is no obvious point source.

Who will win: Clean water or municipal fiefdoms that buck collective responsibility?

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Supreme Court takes on dirty water

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