Man In Wheelchair Ticketed For Riding In Street

[joepole]

First off, a bicycle is about a billion times faster than a motorized wheelchair. Secondly, a wheelchair is a device that enable a person with a disability to function as a pedestrian, a bicycle is a device that enables an able-bodied person to move about with greater speed and less energy expenditure. Thirdly, LA law specifically extends vehicular rights to bicycle operators:

LA RS32§194:

Every person riding a bicycle upon a highway of this state shall be granted all of the rights and shall be subject to all the duties applicable to the driver of a vehicle by this Chapter, except as to special regulations in this Part and except as to those provisions of this Chapter which by their very nature can have no application.

[AnimeSpirit]

I'm not familiar with state law to that degree, but I do know that bicycles legally differ from automobiles in some degrees where wheelchairs are similar.

For instance, a person can ride a bicycle (or even ride a horse) while intoxicated by alcohol without being legally prosecuted for DUI because the Supreme Court recognizes MOTOR vehicles only for cases like these. However, there was a case not long ago where a man was, in fact, prosecuted for driving a motorized wheelchair while drunk.

By your understanding of the legal purposes of bikes and wheelchairs, this case would be the same as prosecuting a drunk pedestrian for DUI, making it a legal paradox.

[piemaker720]

Originally Posted by joepole

First off, a bicycle is about a billion times faster than a motorized wheelchair. Secondly, a wheelchair is a device that enable a person with a disability to function as a pedestrian, a bicycle is a device that enables an able-bodied person to move about with greater speed and less energy expenditure. Thirdly, LA law specifically extends vehicular rights to bicycle operators:

LA RS32§194:

Every person riding a bicycle upon a highway of this state shall be granted all of the rights and shall be subject to all the duties applicable to the driver of a vehicle by this Chapter, except as to special regulations in this Part and except as to those provisions of this Chapter which by their very nature can have no application.

I still think you are full of it. A bicycle rider is only as fast as the person that pedals it. Some of the older bike riders probably aren't as fast as they use to be. But because they are on bikes it is okay for them to hold traffic up. Where as a disabled person that uses their wheelchair to get where their going, it is not right for them to use the road. It is still discrimination.

[joepole]

Of course it's discrimination. Discrimination is almost always a good thing.

[AnimeSpirit]

Originally Posted by joepole

Of course it's discrimination. Discrimination is almost always a good thing.

It is a good thing SOMETIMES, depending on the reason and what potential consequence you are avoiding by such discrimination. Discrimination in light of NO potential consequence is pointless.

[Leadbelly]

I think there a lot more people on bikes. Also bike take up less width on the road for the most part. Wheelchairs are slow and lower to the ground and might be less visable to a car. Who knows. Wheel chairs on highway just seems insane.

[piemaker720]

Originally Posted by Leadbelly

I think there a lot more people on bikes. Also bike take up less width on the road for the most part. Wheelchairs are slow and lower to the ground and might be less visable to a car. Who knows. Wheel chairs on highway just seems insane.

There maybe more bikes on the road but that don't make it right. have you ever been going down the road and there is a bike in your lane with oncoming traffic and you could not get around. Did you ever just want to yank someone off the bike for it. How do you know the man in the wheelchair wasn't going for food or medicines and that was his only way. Maybe he had no car or family that checked on him. If I was him and that was my only way around I would not even think about, I'd go. I don't care what the excuse is it's still DISCRIMINATION.

[howela]

The article said he wasn't ticketed for riding (walking,rolling???) on the street in his wheelchair, he was ticketed for obstruction; he would not (by his own admission) cooperate with the police.

[piemaker720]

Originally Posted by howela

The article said he wasn't ticketed for riding (walking,rolling???) on the street in his wheelchair, he was ticketed for obstruction; he would not (by his own admission) cooperate with the police.

That is true, but it also the drivers in the cars called the police. Do you see drivers calling the police when bikes are in the road. No you don't, they have the right of way. It also said this road didn't have any sidewalk for him to run on, what was he suppose to do try and drive in the ditch or on the shoulder. What if he tried that and turned the chair over on top of him. Now stop and think for a minute with today's car drivers. How do you not know he did not recieve any road rage before the police were called that could have caused him to be uncooperated. People do it all the time. I believe he should have the same rights has a person on a bicycle.

[joepole]

You can think that, but it's not the law.

I think he should have the same rights as someone on foot.