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.