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| Skateboarding Law (490 Posts)
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alan "Ollie Gelfand
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On 1/2/2006
allskaters
wrote in from
United States
(68.209.nnn.nnn)
Looks like Ollie has quite a legal team. Check out Schlesinger Tobacco billion $ lawsuit. Schlesinger is only one Lawyer of a team Alan has compiled. The suit is also about use of personality.
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Law Information
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On 1/1/2006
Pat Chewning
wrote in from
United States
(67.189.nnn.nnn)
I gave some pointers on how I search for skateboarding laws in a previous post:
http://www.ncdsa.com/56/224/248/Skateboarding-Law.htm
But basically I use a standard search engine such as "Google" with keywords like "municipal" "code" "statute" etc, along with the name of the city, county, or state. Once the code (written law) is found, I do a search there for keywords like "vehicle" "scooter" "skateboard" "pedestrian" "nonmotorized", etc.
Usually takes about 15 minutes to find it if it exists...
-- Pat
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Law Information
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On 1/1/2006 Craig
wrote in from
United States
(66.245.nnn.nnn)
This quesiton is directed mostly at Pat Chewing but open to everyone. You seem like a highly knowledgable person. I saw some posts where you are quoting actual city laws, etc. Is there an easy way for a layman to access these laws online for their specific area or town so they know what the cops can and can't do in advance?
thanks,
Craig
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skating in the street
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On 12/31/2005 matt
wrote in from
United States
(69.141.nnn.nnn)
now in days around my area theres this hate for skaters i dont kno why but people just start judging some1 riding a skateboard as a bad person...i was once skatin on the side of the street becuz the sidewalk is way to messed up to ride on...i was with about 5 kids on bikes on a side road that has very minimal traffic when a car came we parted to each side and the guy get out of his car just to yell at me...this guys gotta alot of nerve...but i dont think theres any law for skaters not to skate in the street so wat right does he have to tell me to get off the side of the road why dont they fix the side walks
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i almost got a ticket for skateboarding on a roand that has no sidewalk
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On 12/22/2005
Pat Chewning
wrote in from
United States
(15.252.nnn.nnn)
Tish:
Tell us where this road is: Country, State, County, City, etc.
Tell us if the road is public, private, in a park, or what.
We can look up the laws that apply (if any) and see what they say about skateboarding.
Also: Pay more attention to who you talk to. (i.e. Figure out who they are.) It would be nice to get a business card from the "park ranger/cop/secrity guard" so you can see who you are dealing with. Most people in authority are required to give you their identity if you ask for it (badge #, name, who they work for, etc.)
-- Pat
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i almost got a ticket for skateboarding on a roand that has no sidewalk
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On 12/22/2005
tish
wrote in from
United States
(66.177.nnn.nnn)
the other day i almost got a ticket for skateboarding on a road that has no sidewalk. the road is basicly like a big hill that has no sidewalk. me and my friends were skaetboading down the hill/road and a park ranger/cop/secrity guard comes driveing up the road/hill and says that we cant ride our boards on the road.thats just not right. its a god damn road. we should totaly be able to ride our boards on the road or they sh0uld get a god damn sidewalk. im going bac today to skate it somemore. if they stop my ill just tell them whats on my mind
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A little bit of intellectual property law
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On 12/18/2005 Pat Chewning
wrote in from
United States
(67.189.nnn.nnn)
Intellectual property is tricky stuff. The concept here is trademark law. To successfully win I believe that Alan would have to show:
1) He registered his trademark before it became a common term. (Think "Kleenex" and "Xerox")
2) He protected his trademark over the years, not allowing it to become a common term. (Found and sued people over the years who were using "Ollie" without his consent.)
3) He was consistent in the use of his trademark in his own works.
Of course, he needs to show all of this while using limited funds for his legal team when going up against the big guys like Disney.
I'd give him a 20% chance of winning in a court. 50% chance of getting some nominal settlement before it goes to court.
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A little bit of intellectual property law
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On 12/16/2005 Auntie Tellinya
wrote in from
Finland
(194.29.nnn.nnn)
What is this stuff I hear about Alan Gelfand suing companies that use the word "Ollie" in their products? I hear names like "Flowlab", "Ron Jon Surf Shop", "Sega", "Disney" and "Activision" being on the other side of the table.
Here are some links. The Miami Herald story (which allegedly is from Associated Press, so it should have some degree of credibility) looks like it has most of the interesting stuff there:
http://www.miami.com/mld/miamiherald/13347004.htm
http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20051208/BREAKINGNEWS/51208003
http://sony.gamerfeed.com/gf/pr/9756/
http://www.wfmy.com/watercooler/article.aspx?storyid=53406
Could someone with legal background comment on this? It's not really "skate law" but at least it involves a well known skateboarder suing people making skateboarding related products.
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thanks
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On 12/14/2005
jim
wrote in from
United States
(68.8.nnn.nnn)
thanks pat
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some dude yelled at me
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On 12/13/2005
Pat Chewning
wrote in from
United States
(67.189.nnn.nnn)
My suggestions:
If you have to cross a fence to get the skate area, then it's probably a spot you should avoid. If no fence, then you're probably OK.
Be polite, especially with jerks. Offer to TALK about what his concerns are. Politely disagree with his assessment of whether you should skate there.
Keep the language clean and the noise to a minimum.
If that all fails, and he insists on calling the police, do nothing. Don't run away with this threat, don't yell at him. The police will take their time and likely not show up at all, or if they do it will be well after your session is over.
Sounds like the gravel has been washed from upstream -- you should be able to move it without hurting the drainage.
Sometimes it's hard to say if a spot is OK or not without seeing where it is, how close the houses are, what the exposure is, alternate uses, etc.
-- Pat
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some dude yelled at me
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On 12/13/2005
jim
wrote in from
United States
(68.8.nnn.nnn)
ok, today my friends and i found this sick spot in like an abandoned drain ditch that no one cares about. so my friends and i were skating and there was gravel all over so we swept it to the side where some water was trickeling down. this dude who has a view of the place from his back yard come sout and is all yelling at us. first he goes, hey! do u kids own that gravel! and we were just like, uh.... its been here for a long time and i dont think n eone has a use for it... than he makes up this crap story that there is a pipe at the end of the ditch and if a rain storm came, the gravel would clog it up. i was liek whatever dude, u could have just asked us to leave. for one, the so called pipe at the end was 13 feet high. i dont think a lil cravel would clog it up. second, the dude cant tell me to leave, he dont own the place, it was in the middle of a walking trail and anyone could hang there. he was jsut lookin to mess up my day. e-mail me and tell me what u think bout this. and ya, i will be returning to this spot tomorrow.
-jim
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yet another
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On 12/8/2005 Ghooste
wrote in from
United Kingdom
(193.113.nnn.nnn)
case of the young been encouraged into longboard terrorism. I reckon I'm gonna get a load of stickers printed longboardbuddha style and start slapping them on car parks an cop cars
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skating in omaha is so gay
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On 12/7/2005 josh
wrote in from
United States
(205.202.nnn.nnn)
ok so i was skating at some bag n save store and a cop pulls up saying i cant skate here. i asked why not and he said b/c there's a sign that prohibits you to skate here. so he shows me where it is and turns out its in a totally different parking lot. and im like ok whatever and i skate off and he pulls up again and tells me to leave now or he'll ARREST me. so at this point i go home and then the next day i go up there and i see a bunch of workers and people puttiing up a sign that says no skateboarding violators will be prosecuted
then im like THIS IS SO GAY
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Counterpoint
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On 12/1/2005
woof
wrote in from
United States
(130.132.nnn.nnn)
Well the counterpoint to some of the police stories here is...
I found a decent parking lot at the local high school. I go up there nights and skate cones (hell it even has lights!). I have been waiting for the police to eventually show up. They did. The fellow pulled up as I was coming back up the hill and I sort of approached him arms out like "What can I say?" he says... "I'm not here to bust ya, I just want to watch." So I told him... "Pull up a seat... I'll do a few runs and come back and chat with you..."
He enjoyed watching. Turns out he is an old surfer, still surfs long and shortboard when he can. Turns out he was originally from an area in Los Angeles that I lived for 12 years. Turns out we used to surf some of the same spots (at different times).
As he's leaving he hands me his card, and he says, "You are welcome to practice here when the lot's empty. Here's my card. If anyone ever hassles you, show them this and let them know that I already checked you out."
Having a "get out of jail free card" like this in my wallet does not guarantee that I will continue to have a free ride, nor am I entitled to it... but it just goes to show that some of these guys are really very OK, and if I continue to play my cards right, I probably can continue to ride there.
PS: It did NOT hurt that I was very respectful, was careful to set my course out of the way in an empty lot, and was wearing full pads. I was neither endangering public or private property, nor was I unduly endangering myself. This is what they care about the most. After that, it should be all good.
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my number
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On 11/30/2005
Sean
wrote in from
United States
(156.63.nnn.nnn)
my number is 1 937-548-0896
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this is bs
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On 11/30/2005
Sean
wrote in from
United States
(156.63.nnn.nnn)
it is s#@!ty that is the town of arcanum there are little kids most just now learning how to ride. are being told to ride out in the middle of the f#@!in streets that is f#@!ed ^ for any 1 even the old people r being forced to ride bikes in the street skaters in this town don't get the privillage they get straight sitations or there bored confinscated im only 15 and i have had my bored confinscated 4 times in 3 weeks just for skating on a sidewalk we need a big group of bikers and sk8er 2 come to arcanum and just protest by riding and skating on the sidewalks because they can't give us all statiions so we should do it if any can any age any race if u belive it is worth it then u should come out just call Sean Henninger to tell me if u can if not then don't call but if u can call so i can get my people together so we can really get wat we want
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to dave g
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On 11/7/2005 withheld
wrote in from
United States
(68.219.nnn.nnn)
sory about the speling, my keyboard is messed up!
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to dave g Email me with a comment!
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On 11/7/2005
withheld
wrote in from
United States
(68.219.nnn.nnn)
can i say something to dave g.? i aam a skater in woodstock,GA and i think you are judging skaters by one or two of them. my father is a city coucil man, and like every one else on the council, he voted to ban skate parks. wanna know why? because ONE person was caught with drugs at a skate park! ONE person! they brought the dogs and all in and only ONE person had them. me, i skate around to go places. i skate to lunch, i skate to my friends house( by the way i dont live in a subdivision) and im home schooled so i have time to do all this. what u say gives skaters (or as people like you call them "hoodlums")a bad name and encourages others to side with you. like a week ago i got pulled over by a cop skating to the local cafe', because she thought i might be skipping school,i understand that because it happened to me alot this past year,and all the other cops believed me(when i was walking to the local cafe), now i was skating to the local cafe, and the cop doesnt believe me!she called my mom in the middle of a phisical, and she did not anwer and right as she was about to put me in the car i said to her"if you dont believe me, my best friend is the chief of polics son and i am at his house all the time and he knows im homeschooled, and he also knows i skate everyday to the cafe about 9:00am for a cup of coffe, so go talk to him. if thats not enough go talke to my dad city councilman .......(name withheld)and he'll tell you!" she turned away got in the car and said "carry on." do you know why she pulled me over? Because i skate, and she listens to non skaters like yourself and is i\encouraged by your speechs! oh by the way, did you know that most local skateparks hold church nights where we skate around and read scripture?oh, and the have community projects and equiptment sales wher 95% of the earnings go towards local charities!exactly, so beefore you go blabberin off about skaters thinking they can do whatever whenever and that all we do is destroy property,think about what i said!
from me!
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Boulder Colorado weird law
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On 11/5/2005
Pat Chewning
wrote in from
United States
(67.189.nnn.nnn)
***** Boulder Colorado sure has some weird skateboarding law. Skateboards are prohibited from the roadways, but roller-skis are allowed on streets within areas that are zoned appropriately. My suggestion would be to try to use the "roller ski" defense if cited in Boulder. Since there is no definition of a roller ski and no definition of a skateboard. Especially if you are practicing slalom, you could potentially use the "roller ski" defense since it looks a lot like ski racing. *****
7-2-15 Certain Devices Banned from Roadway and Required to Yield to Pedestrians.
(a) No person upon any roller skate, in-line skate, skateboard, roller ski, ski, coaster, sled, toboggan, toy vehicle, child's tricycle, or any similar device shall go upon a roadway except while crossing the roadway on a crosswalk in conformance with the rules applicable to pedestrians. When so crossing, such persons have the rights and duties of pedestrians. This subsection does not apply on any roadway set aside as a play street as provided by Section 7-4-48, “Driving on Restricted Street Prohibited,” B.R.C. 1981, and so designated by signs.
(b) No person shall ride or operate a snowmobile on any street except upon specific request of a public authority in a time of emergency.
(c) It is a specific defense to a charge of violating any of the provisions of this section that the person was on skis or roller skiis, was skiing or roller skiing in safety on a roadway in a residential, public or industrial district zoned RR, RR1, ER, LR, MH, MR, MXR, HR, HZM, MU, P, IM, IG, IS, or IMS and was not on a roadway that was part of a state highway, a divided street, or a street with four or more lanes for moving motor vehicular traffic.
(d) A person upon any of the devices listed in subsection (a) of this section shall yield the right-of-way to any pedestrian upon a sidewalk, in a crosswalk, or on a path.
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Your retarded ticket
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On 11/5/2005
Pat Chewning
wrote in from
United States
(67.189.nnn.nnn)
**** The cop in Colorado Springs is wrong. It is legal to ride on the streets and illegal to ride on some of the sidewalks (those with signs prohibiting, and those specified in section C): *******
10.19.107: RIDING ON SIDEWALKS:
A. When authorized signs are erected giving notice, no person shall operate a bicycle, skateboard, roller skates, or similar device upon a sidewalk.
B. Whenever any person is operating a bicycle, skateboard, roller skates, or similar device upon a sidewalk, the person shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing the pedestrian.
C. It shall be unlawful for any person to operate a bicycle, skateboard, roller skates, or similar device on any sidewalk:
1. Either bordering on or included within the area bordered on the north by Boulder Street, on the south by Vermijo Avenue, on the east by Weber Street and on the west by Cascade Avenue.
2. Either bordering on or included within Colorado Avenue bordered on the east by 24th Street and on the west by 27th Street.
D. Signage as provided in subsection A of this section shall not be required in the areas defined in subsection C of this section. (Ord. 96-103; Ord. 98-121; Ord. 01-42)
******** This section of the law says that "other nonmotorized traffic" can be excluded from using a street if the street has a sign excluding the use. *****
10.20.101: EXCLUDED, RESTRICTED, PROHIBITED USE OF STREETS:
A. The use of certain streets and roadways by pedestrians, motor-driven cycles, bicycles and horse-drawn vehicles or other nonmotorized traffic, shall be excluded when official signs giving notice are erected as authorized in sections 10.1.309 and 10.19.110 of this chapter. The use of certain streets and roadways by vehicles or loads of certain weight or size shall be restricted when official signs giving notice are erected as authorized in section 10.1.309 of this chapter. The use of certain streets and roadways by trucks other than those streets and roadways officially designated as truck routes shall be prohibited as authorized in section 10.21.102 of this chapter.
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undecided?
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On 10/23/2005 Steven Hanaway
wrote in from
United States
(69.170.nnn.nnn)
Dude, you can bring that to the city council or something...if you have to pay for the park then it is not public. If there is no public park in your city you can complain all you want. If they ticket you for street skating, bring it up in court.
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my retarded ticket reply
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On 10/23/2005 Steven Hanaway
wrote in from
United States
(69.170.nnn.nnn)
Hey, i live in colorado springs, not too far from monument. I had some trouble with the cops, i was skateboarding home from my girlfriend's house about 5 months ago, and some guy in a white suv came along side me and was screamin out the window, i couldn't hear what he was saying so i kept going. he slowed down, then he sped up again and i heard him say "pull over!" so i got off and started walking on the sidewalk saying to myself "what's this dude's deal!?" he then stopped his car and got out. He said "I'm a cop, i can't have you on these skateboarding on these streets you have to stay on the sidewalk." so when he left i just went to the right side of the road and started skating cause the sidewalks here in colorado are all messed up. And the security guards give us (my skater friends) problems all the time. They always think we're trying to skip or something. And when we skate (on the weekends) at the school they (the janitors) kick us off. it's pretty stupid.
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What to do?
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On 10/23/2005 Kyle
wrote in from
United States
(152.163.nnn.nnn)
There was this stacked parking lot my friends and I would go to carve up but this guy came saying that f we ever came back they'd prosecute us and that they have hundreds of pictures of us, is there any way around this. There are also a bunch of cameras and a cop that has our names.
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undecided
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On 10/19/2005
cfav
wrote in from
United States
(216.21.nnn.nnn)
yo,go to downhillbillies.org.their headquarters are in statesvill,two hours from you.those guys are tres cool and will definetly broaden your horizon.cf
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undecided
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On 10/19/2005 AenGhooste
wrote in from
United Kingdom
(193.113.nnn.nnn)
WHATTHEf#@!? if you've thought about quitting coz you only have one park you gotta reconsidor your reasons for skating dude. Skate EVERYTHING!! Downhill, slalom, sliding, flatland freestyle, street, vert, pools and parks... Dude if you is unhappy coz the one place you can skate is costly you gotta reassess what you see as a place you can skate. If nothin else theres your gawdamn kitchen.
I personally believe that skateboarding is a right that I have not a privalidge and thusfar cannot be denied from me yaknow? Baically, and I may be saying this from a privalidged position of a relativly rational legal system but, I'd fight it all the way and be the first person encarserated for skateboarding. Imagine, a criminal record.. "whats it for?" Oh skating... It needs people to stand up to injustice for it to be overturned.
For starters no mofo should be allowed to cycle if you cant skate there, whats the diference for heavens sake?!? That an scooters, if you cant skate you shouldnt be able to use them, that and wheelchairs, those mobility carts disabled fat and old people rock around on!
If they confiscate your board apply for it back thru the proper channels, if they keep it buy another and run next time..
If I've worked people up I apologise I've had a day from hell and my posts are reflecting that.
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