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Black Hawk court case underway

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 city’s attorney has filed a brief in response. The defendants have now filed their reply brief and a hearing is set for October 20.

Special appreciation goes to Andrew Shoemaker and Paul Schwartz at Shoemaker Ghiselli + Schwartz LLC for their pro-bono representation of the defendants in this case.  In addition Brad Tucker at ColoBikeLaw.com, Rudy Verner at Davis Graham & Stubbs LLP, and Duke law student Gael Hagen also have contributed volunteer resources and expertise.

Bicycle Colorado

About the Author: Bicycle Colorado

Bicycle Colorado is a 501(c)3 nonprofit based in Denver. We use advocacy, education and passion to make Colorado one of the most bicycle-friendly states in the nation. We encourage and promote bicycling, increase safety, improve conditions and provide a voice for people who ride bicycles in Colorado. With the support of our members and numerous partnerships across the public and private sector, we’ve made significant strides in improving bicycling since 1992.


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  • DON’T DELAY: We’re placing another order for #BicycleColorado masks made by our friends at @primalwear TOMORROW (5/14) at noon! Click the link in our bio to get yours now!
We’re thrilled to see so many people out enjoying (and often rediscovering the joy of) riding a bike right now, and we’re asking ALL bicyclists to do their part to prevent the spread of #covid19 by wearing a mask or other face covering when out for a ride. Doing so keeps you, your loved ones, those around you, and all Coloradans safer while helping reduce stress on our medical system. If you still need a mask, click the link in our bio to pre-order one now and support our advocacy work! Thanks so much to everyone who has already purchased, and to @primalwear for supporting our efforts over the years. Ride on.
  • #BicycleColorado volunteers and staff members spent time today helping @denverurbangardens and @denverfoodrescue deliver “Grow a Garden” food boxes to home-bound families in Denver—via bike! Supporting our community on two wheels makes for a great way to spend a sunny day. Many thanks to our friends @ddchen47, David M., and @juggernautcargo for your help! Head to denverfoodrescue.org or dug.org to learn more about these great local organizations. #rideyourbike
  • Tonight the #BicycleColorado team celebrated Stacey, our outgoing Development Director, with a virtual happy hour. Stacey has been an absolute rockstar for BC. We’re sad to see her leave, but thrilled for her as she heads out on a new adventure (hopefully in the #BikeAdvocacy space!) in North Carolina. Please join us in wishing her well!