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yes and no, my road fixie was a road bike so it had brake levers etc, but my track bike for the velodrome has none.
and no, didn't use that example, b/c it isn't perfect, in terms of the technical definition of "bicycle"
Mark
Patrick wilder wrote: "the issue the judge and the cop wanted to talk about was the definition of brake"
Aaah such good lawyer stuff. Come on Mark what we all really want to know is, "Do YOU have a hand lever and caliper on your fixey?"
Seriously, did you use the tricycle example?
"Mark J. Ginsberg" wrote:
Well actually, as the trial lawyer, I did use the proper definition of brake.
Oregon law says look to the plain meaning, and if you are confused, look the the merriam webster, 3rd unabridged dictionary (really, PGE v. BOLI)
MW3 says "a device for slowing" there is more, but that was what we all cared about.
The judge was of the opinion that the "device" needed to be a "separate" device, not just the fixed gear itself. In my opinion the judge was adding words to the statute ORS 815.280(2)(a), that aren't there.
the word "separate" was not in the statute or the dictionary.
is a tricycle illegal in this judges opinion?
the other issue is the statute just says, i am paraphrasing here, "brake to make the wheel skid"
the cop never asked the client to make the wheel skid, cop just said "I see you don't have a hand lever and caliper, so here is your ticket" the evidence presented was clear that if asked the client would have, and could have, made the braked wheel skid (her back wheel)
the issue the judge and the cop wanted to talk about was the definition of brake.
We are currently reviewing the decision and may take this up to the oregon court of appeals.
The issue was not whether you dear reader would use a hand brake on your fixed gear bike, but was my client able to meet the statutpry requirements. Based on the facts I believe she was right, and the officer and the court were incorrect in their interpretation of the law.
I may be wrong, but I do not think so.
for more, keep reading Jon Maus at www.bikeportland.org
or the saturday oregonian, which I understand will also have a picture of my client and me.
Mark Ginsberg
Attorney to the cycling stars, and the cycling not stars too!
oregonyankee@comcast.net wrote: George has it right, I think - esp his second point.
The judge is bound by the law regardless of whether a fixie rider perceives she or he can stop safely. Mark's questioning was good and his client was well-served. The judge, though, has to rely on something if the term is not legally defined and he relied on the "common usage" of the term (brake). He even allowed that had the defendant used a stick to rub against the tire, there would have been a better case. We all know that a stick won't stop a bike - but his point was clear: "brake" has a meaning apart from legs and gears. (Indeed, to extend Mark's argument that the fixed gear itself was the brake could allow interpretation that a car has brakes because you can downshift. throw the gears into reverse or even drag your foot out the door.)
Peter
-------------- Original message --------------
From: GEORGE SCHRECK
1. I do not see why someone would be resistant to a brake. Although they may be able to stop without one, there may be panic situations where a brake would be helpful. If it turns out that they never need it, I consider that good news for them.
2. If we wish to have the rights as vehicles, we should comply with the rules that apply to vehicles like functioning brakes and lights at night (not ot mention obeying stop signs and traffic lights).
----Original Message----
From: tokarev1@ix.netcom.com
Date: 07/28/2006 10:19 AM
To:
Subj: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake
That was very interesting to read!
I side with Mark and the messenger here and thought Mark's cross examination was great!
I believe that one can be completely safe on a brakeless fixie. I have taken a few rides
with Zac Kovalcik and am amazed by his ability on the brake free machine. I myself have
two brakes on my fixed gear bicycle. :)
I predict that there will be tremendous resistance from the brakeless crowd about having
to put a brake on their ride. Even if they never have to use it it wont do anything harmful
to their job or bike. I am afraid that the only harm will be to their sense of fashion and would
hate for all fixies, brakes or not, to be outlawed!!
-Keith
-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On Behalf Of Curt Dewees
Sent: Friday, July 28, 2006 9:56 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake
This account included blow-by-blow testimony from the judge, police officer, and the defendant's lawyer (some dude named Mark Ginsberg?
http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/
From: GEORGE SCHRECK
To: ,
Subject: Re: [OBRA Chat] Multnomah County Judge's Ruling: Fixed-gear Bikes MustHave a Brake
Date: Fri, 28 Jul 2006 18:00:14 +0000
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Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com
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Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com
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