Friday, August 16, 2013

Even fewer protections for cyclists

Salem and I rode up to Massachusetts yesterday. We felt that it was a pretty expressive ride. We felt marginally protected by the Constitution. Well, we were wrong. As soon as we crossed the Mass line, our first amendment protections as cyclists fell by the wayside. Apparently, a Federal district court in Mass determined that riding your bike is not in and of itself a first amendment protected activity. See Damon v. Huckowitz (D. Mass Aug. 9, 2013). Also, it would seem that taking the lane in Hadley will get you stopped by the cops. I rode my bike there last weekend and was taking lanes.

Also, the court seems to have ruled as mater of law that riding in the middle of the lane (something the League of American Bicyclists, etc.) is more dangerous and is not allowed.

As you know, Hadley is in greater Northampton, which is a pretty pro-bike area. Are they going to protest?

Here's the link to the Volokh Conspiracy post where I saw this.

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