Jason Mitchell, Seismic Nationals 2007, Hybrid Slalom.  Photo by Greg Fadell Northern California Downhill Skateboarding Association
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Skateboarding Law

 
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Skateboarding Law (490 Posts)
Topic Info
freedom
On 5/10/2004 dino wrote in from (64.75.nnn.nnn)

I think we all have a right to persue happiness yes?? Well if it makes some dude happy to skate against athority so be it. He has as much right to rebel as anyone else has to conform.

Sometimes a little rebellion changes things for the better eh?

"Be glad you're not in Iraq"?
I really think it sucks when someone says crap like this... it's pointless. Is it gonna make that dude change his mind? Is he gonna wake up in the morning and go "oh joy I'm a free little skateboarder and I'm not in Iraq so I guess I feel better now that the fascist cop wants to supress my happiness." Hell no... it's just some lame attempt to keep everything in the status quo.

Shudup & Skate

 
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Spinning your wheels.
On 5/8/2004 Mick wrote in from (198.81.nnn.nnn)

Anytime I can get on my board and skate, whether or not its in a pool or a park, or on the side walk it make me happy. I forget all the crap in my life. So if certain laws are made, restricting boarding, if I wear a helmet or can't skate in a certain area, I am not going to cry about. Or make broad stupid statements about "cops". I have found out if treat the dude with some respect, and just talk to the guy like a person maybe you will get some respect back. Maybe. Just don't act like a punk@$$. You make it hard for other skaters. A local elementary school here where I live let us skate only because when they approach we talk to them instead of acting like jerks. So be glad your not in Iraq, and stop whining about cops. Just slapping it down.

 
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Condom?
On 5/6/2004 Observer wrote in from (207.69.nnn.nnn)

You guys are what make skaters(real skaters,not PUNKS) have a bad name! Either you are in your teens and have no responsibility or respect for others, or you are just the inner city scum that you portray ! Laws are laws..If you choose to break them ,then be ready to pay the price! I'm tired of low life graffitti writing idiots ruining a good thing!

 
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Laws shmaws
On 5/6/2004 Wyatt wrote in from (65.110.nnn.nnn)

yeah!
what he said

I don't like to have to wear a condom or a helmet on my bike, now I have to wear one on my skateboard.

 
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sakte laws...bulls#@!..
On 4/20/2004 travis wrote in from (4.12.nnn.nnn)

dude...being a skater..i dont lyk getting hurt but still no law should say tht you have to where pads..if you get hurt you get hurt O WELL!!but thts my judgement..
I SAY f#@! THE LAW I SKATE WHERE I WANT!!!

 
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Pro Se Litigant
On 4/16/2004 Utahcarver wrote in from (64.12.nnn.nnn)

I'm new to this forum but, I've lurked for years on the other forums here. Over the years, I've been able to defend myself in local city courts over minor traffic infractions/violations. This is called Pro Se (you are representing yourself) in legalese. In all cases where I Appeared as The Accused, the charges were dropped. Why? Because cities/towns are Corporations first. Corporation's job one is to make money. The one of the reasons why you are being harassed by cops is they write citations to make their boss (the Corporation) money from a victimless crime.

I had to do a lot of footwork and study in the local legal library. Appearing Pro Se is not for the faint-hearted or the mealy-mouthed. The worst arguement to use (for traffic tickets) is that the court has no jurisdiction over you. The very best arguement I ever used was dealing with Procedure. See, state governments set the rules for 'legal procedure' in the court systems of the respective state you are in. If the courts don't follow the procedures (which they NEVER DO) that's referred to as an error. For instance, you cannot be prosecuted in most courts by an Information. The ticket the cop writes you is an Information, not a Summons. Therefore, I petitioned the court for a Proper Summons and a Formal Information. Because I never received a Proper Summons from the court, according to their own rules, they cannot procede with a case. If, for some reason, you happen to get a Proper Summons and Formal Information, most court rules state that it has to be on an 8.5" x 11.0" sheet of white paper, double-spaced, 1-inch margins, etc, etc, see where I'm going with this? Yep, technicalities. We all complain about'em when some guilty party walks free but, that's the facts: The court has to obey the rules of the game. Your job, make'm obey the rules of their own game.

I never ever got one court to adhere to the rules of procedure. They, the court, knows that if you are convicted and an appeal overturns the verdict, the court can be sued for Judicial and Prosecutorial misconduct. I know of one township in northern Utah that was bankrupted TWICE by the same guy because the court was found guilty of misconduct on appeal. One of the first things cops are taught in the academy is Civil Liability. If a cop violates your civil rights, which may include skateboarding on your local hills, and you get convicted by his improper Information and no Summons, you can potentially bankrupt him and the city he represents by filing a civil suit against them. So, in all the traffic citations I got and went the Pro Se route of defense, the courts backed off and let me go. There's more fish in the pond and they didn't want to tangle with someone who might cost them money.

Warning: This little bit of knowledge I'm sharing with you is not absolute. Please use care. This is just a taste of what you can do. It doesn't include information or skill at being good or better than the courts, or their officers, the cops. If you are in a small town, be very careful of Pro Se procedure.

I've never applied this to skateboarding but, I can only imagine that if the courts couldn't get it right with a bad taillight, they probably won't get it right with four little wheels and a wooden board.

Also, make sure you are in front of a REAL judge. Most cities don't want to pay for the real ones, which by law they have to, rather they hire judicial assistants. JA's are not bonded by the states. Therefore, they are breaking the law if they prosecute you.

 
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I live in..
On 4/16/2004 Jared wrote in from (69.165.nnn.nnn)

I live in this s#@!y little town named Granville. It wasn't so s#@!y when I was able to board but now it is. I can still board in the township but then I don't have access to water, food, and all the good s#@! in town. I f#@!ing hate the cops in my town. They are complete a#@!s. I'm most definitley still going to skate and get served tickets/citations. Sounds like morning runs would be pretty ideal and a low chance of cops doing jack s#@!. Hmm...maybe early this sunday. Yeh that sounds good..oh..wait..church in my town in like a god damn festival so I guess not. Hmm..it doesn't matter. I'm going to skate sunday all day! My main issue with cops and there laws against skaters is that how are our skateboards different from bikes and rollerblades? GG thanks.

 
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I fought the law...
On 4/15/2004 Sketchmaster wrote in from (4.22.nnn.nnn)

CBO: Whenever a police officer tries to prohibit your desired activities demand that he cite the law regarding your alleged infraction. Take the cite down to the law library and look it up. Very commonly police rattle off lame abstractions that sound good at first blush but that won't hold up in a court of law.

 
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I fought the law and it won
On 4/13/2004 CBO wrote in from (68.170.nnn.nnn)

Got my first stern talking to by a cop today. Coming down mt crested butte and a cop went by, fliped a bitch and gave me a talking to. Told me it was against state law. I said I will always longboard, and he said "not in my town". What kind of stupid law is that? I think we all should fight this bullcrap. Looks like its early morning runs for me now...

 
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cops
On 4/12/2004 Reeve McNall wrote in from (24.126.nnn.nnn)

het JARED, where the **** do live, because in l.a cops dont giva ****PLUS just avoid the cops

 
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-My town's police suck-
On 4/11/2004 Jared wrote in from (162.40.nnn.nnn)

Ok so..My friends and I are just gettin' ready to bomb this hill when a cop rolls up. Also, the cops in my town just suck and we have been warned before that we shouldn't be skateboarding in the road and they say its illegal blah blah blah. Anyway, the cop rolls up and says ok I've warned yeh once next time I catch you were gonna ticket you or serve you citations. Whatever I don't give a flying ****. I'm just wondering is it illegal to skateboard in the road like he said it was? He said it was something of a public saftey issue. For example if we were to die the would be held responsable. Is this true or should I keep skating?

 
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Selling custom boards
On 4/6/2004 Roboto PDX wrote in from (63.242.nnn.nnn)

How risky is it to sell Custom longboards? Do skateboard Mfgs have tons of insurance? If I put a big DANGER sign on the board am I convered?

Thanks!

 
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License? We don't need no stinkin' License!
On 4/6/2004 Pat Chewning wrote in from (15.252.nnn.nnn)

I've never heard of any city licensing skateboarding or skateboards. Sounds like an ugly rumor to me. Even bicycles don't need licenses ...

Gives new meaning to the term "outlaw race".


-- Pat

 
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Licensing
On 4/6/2004 Sketchmaster wrote in from (4.22.nnn.nnn)

Does anyone have any info regarding municipalities attempting to license skateboarding? Is this a hoax?

 
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Thinking
On 3/31/2004 Sketchmaster wrote in from (4.22.nnn.nnn)

Monghooste: The last thing I want to do is think like a bicycle fruit. What the hell is a blighty?

 
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law of boards
On 3/27/2004 Monghooste wrote in from (193.113.nnn.nnn)

Funny thing really the law an all, in England the law for skate boards is the same as for bikes, the bike law dosent specify number of wheels just that its powered by you. It also dosent specify braking as needing equip.. you can do that braking yourself. The law specifies lights at night, no safty gear needed and your not allowed on the pavement/sidewalk just the road.

I've been stopped by coppers before and they've had not a leg to stand on. Unless your committing crimes like disturbing peace/ destruction of property etc your fine.. Remember if you think like a bike your fine in blighty... oh and speed limits apply =)

 
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Road Ownership
On 3/24/2004 Sketchmaster wrote in from (4.22.nnn.nnn)

Eddie Texas Outlaw: Every jurisdiction has a schedule they follow regarding transfer of ownership of the road for a development. Most likely the road will become property of the municipality governing the area. It used to be common that you owned the section of street in front of your house the width of your property to the center of the street, etc., but I doubt that is still happening. Maybe it still does in good ol' Texas. In an event like this the municipality still has an easement on the property but you have greater rights in regard to some *sshole that wants to set up camp on your property (the road easement). So, anyway, the ownership to the road in question should transfer soon and there shouldn't be an issue after that (Except for the cones). The plumbing department usually names the streets because they are usually the first municipal agency to start work on an area. Everyone should be aware of the ownership status of where they are skating. Otherwise you will wind up letting someone bully you off of a skating area with threats of trespassing charges that could never be validated by a court. I once had a guy whip out a badge and try to intimidate me out of an area, I was too far away to see what agency the badge represented but it looked to be either fire inspector or sanitation inspector so I called him on it. I yelled, "What's that? Sanitation Department?" and he sauntered away with the woman who had requested that he intimidate me away from the area. Status, jurisdiction, and ownership are nine tenths of the trespassing issue. Know them and the game is all yours. Rip a big Bertleman for me...

 
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Mike P.'s lis pendens
On 3/24/2004 Sketchmaster wrote in from (4.22.nnn.nnn)

Big stokes for writing back! I am almost as stoked to hear a positive use of my knowledge as you are to get your board returned.

 
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Tress passing
On 3/22/2004 Eddy wrote in from (65.177.nnn.nnn)

I took off early this morning to slalom about an hour away from my home at a new subdivision, it has a nice hill at the entrance and a steep hill at the top. Speed about 20-25 mph I have been slaloming there for weeks, even the cops have stopped and talked with me regarding the aspect of downhill slalom. After 2 hours of shooting through cones a black Lexus pulled up and a gentlemen told me he was the owner of the subdivision and that I couldn't skateboard there. I apologized, the gentlemen replied "you are not sorry , the only thing you are sorry of is that you got caught". The gentlemen was with his family and I did not want to come across as a disrespectful bumb. I told him I would leave his subdivision and would not tress pass again. Interesting people were riding bikes there and jogging. But I was the only one who was not welcome. I will continue to look for some hills. Eddy Texas Outlaw.

 
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Comet Speedboard
On 3/18/2004 Mike P. wrote in from (69.3.nnn.nnn)

I followed ur advise about the lis pednens form, and they just gave me the stuff right then and there. It was tight. I'm gonna have com. service tho, but no record, so it's all good. On top of all that, now I have some SICK tape that says evidence. Thanks for all ur help. See ya

 
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Alameda Skateboarding code
On 3/12/2004 Smorgasbord wrote in from (68.123.nnn.nnn)

Whoops, sorry.

http://www.acgov.org/admin/admincode/Alameda_County_General_Ordinance_Code/Title_10/04/150.html - Alameda County Skateboarding Code

Most skateboarding law comes down to judging how safe it is. If you can take it to court and demonstrate how safe you were being.

For me, this particular code makes luging illeagal in Alameda County. I am looking into finding information regarding the creation of this ordinance. Good luck to you.

 
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Alameda Skateboarding code
On 3/12/2004 Smorgasbord wrote in from (68.123.nnn.nnn)

 

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Property Confiscation
On 3/9/2004 Sketchmaster wrote in from (4.22.nnn.nnn)

Mike P.: The first thing you need to do is go to the risk management office of the department in question and file a "lis pendens". The courts have held time and time again that government agents are not responsible for "errors", "mistakes" or other reasons that your property was lost, stolen, purposely destroyed, etc. provided that they were operating in a "reasonable" manner. Once the lis pendens has been filed the police can no longer claim that they did not know that you wished to have your property returned and cannot sell, destroy, etc. until there is an order of the court. I think it was Madison that said that if executive, legislative and judicial functions were all contained in one body that this in itself was the definition of tyranny. Petty cases such as this show clearly the property rights issue and the glaring reality of the court/police you scratch my back I'll rub your front mentality that is endemic in government. We probably still have the best government on the planet so I don't necessarily want to advocate revolution but the endemic nature of the type of abuse you suffered is not going to go away until the cop is scared to do so.

 
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bored cops
On 3/9/2004 d wrote in from (66.235.nnn.nnn)

Yep. They all seem to abuse that power if they are bored. I guess its a matter of feeling useless. No crime to fight and then also not wanting to fall into the stereotype of the cop waiting at the doughnut shop for somethin to go down. Now they just eat the doughnuts incognito in the cruiser...cruisin lookin for someone to harass, the funnyest part... they get payed from tax money that we give, so we are paying to get messed with. what a joke.

 
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piedmont cops
On 3/9/2004 steve wrote in from (129.65.nnn.nnn)

Go where his kids play whatever meat head sport cop kids play, and run them over with your car. Say that when they stopped they "just went under my cruiser, dude."

Then steal their ball.

 
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