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
Recreational use of public/private lands
On 1/3/2004 Pat Chewning wrote in from (12.224.nnn.nnn)


Oregon and Washington states each have good laws that protect the owners of property against liability for accidents on the property when they are used for recreational (skateboarding). The laws were designed to encourage people to allow the public to use their lands for hiking, skiing, woodcutting, etc. It is interesting to note that the Washington law specifically mentions skateboarding, whereas under the Oregon law skateboarding would fall under the general "recreational uses" clause.

Here is a short sample from the Washington Law:

RCW 4.24.200
Liability of owners or others in possession of land and water areas for injuries to recreation users -- Purpose.

The purpose of RCW 4.24.200 and 4.24.210 is to encourage owners or others in lawful possession and control of land and water areas or channels to make them available to the public for recreational purposes by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.

[1969 ex.s. c 24 ‰ 1; 1967 c 216 ‰ 1.]

RCW 4.24.210
Liability of owners or others in possession of land and water areas for injuries to recreation users -- Limitation.

(1) Except as otherwise provided in subsection (3) of this section, any public or private landowners or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, hanggliding, paragliding, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.


The full text of the law can be found at these two sites:

http://www.cascadeparaglidingclub.org/pages/recuseor.html
http://www.cascadeparaglidingclub.org/pages/recusewa.html

 
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Planet police
On 12/27/2003 Mick wrote in from (198.81.nnn.nnn)

Four people are using alternative modes of travel, one using a Bike, one on rollerblades, one cruising on a board, and the other on foot. None polluting the planet, but one is braking the law? What the .....

 
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Laws in the UK
On 12/17/2003 squid wrote in from (195.157.nnn.nnn)

Well the best way to look at the democracy we have over here in the UK is to realise that, as it is in America, we have a choice once every 4 or so years (Our government can sit for upto 5 years and call an election at any point within those 5 years.) apart from that and the odd local election we do not have true democracy - we can't vote on every issue and in fact once we have the government in place to bring them down is nigh on impossible - until we get to vote again.

At the points in-between we don't have any real choice e.g.. I marched against the war as did 1 million people over here, that is 1 member of every family in the UK - we marched past his door (T. Blair) and he took no notice, told us we didn't have the facts. I had no choice in accepting this. There was no way I could stop that war and that is true of anyone in this country - so we have to wait until it is our turn to make our choices heard.

As for your comments on how The queen rules the lords and they rule the commoner it really doesn't work like the as firstly the Lords have only the power to stop laws going through they do not have the ability to start the process to create a law, it is true that the queen must sign any law for it to come into effect but if she doe's not sign she is committing treason against parliament.

In other words with out having a specific constitution we use the 600years or so of precedents in law. You mentioned earlier about habeas corpus being removed from our law books - well it is not strictly true - in certain circumstance it is now possible to ignore that but not in all situations, we will allow the high court (Similar to your Supreme court) to decide on each case it is also said that it will be very rare that habeas corpus will be ignored, although I don't believe them!

I might be cynical but at the moment I believe both of our countries are facing problems that have not been present in our societies since the 50's and the red menace was used by MI5 over here and the CIA, FBI over there to extend there powers.

Quite simply our rights are being eroded away under a premise of a war that is not real. We are told that there is a war on terrorism, yet there is no country called terrorism so who are we at war against - is it extremists of any colour or religion - well no because we leave Zimbabwe to its own self and don't interfere. We are living 1984 and not even suspecting it. You guys have homeland defence as an excuse - we have 2 or 3 laws that basically amount to the same thing. We are being told that we must have national identity cards, you are told that you are not breaking the Geneva Convention by holding prisoners in camp x-ray with out trial or access to your full legal system.

I guess to sum up I would say think small, try and effect those around you, inspire them to be better sk8ers, harder thinkers and realise that the little guy is going to get the biggest butt f#@! that has ever been laid at his door unless he wakes up and realises what his government is doing.

On a lighter note you don't often find extremist sk8ers which brings me back to my original point of the government local or otherwise should be encouraging sk8ing not providing laws to stop its propagation!

 
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Skaters and the MAN
On 12/16/2003 GlenD wrote in from (216.102.nnn.nnn)

Here's a good article burried in a Canadian newspaper.
Why doesn't this type of thing become big news.

Skateboarder tackles suspected thief
WHITE ROCK, B.C. (CP) - An alleged purse snatching was foiled by a speedy skateboarder in this Lower Mainland suburb on Friday. A man was seen lifting a bag from a parked car when the vehicle's female owner noticed what was happening and gave chase along with a bystander, said White Rock RCMP. "They were unable to catch up to the suspect, however, until a skateboarder who was in the area saw what was happening and took up the pursuit," said RCMP in a press release.
The skateboarder tackled the alleged purse snatcher and the car's owner and bystander were able to catch up.
The purse was returned and the hero left without telling his name.
RCMP said a 25-year-old man of no fixed address will be facing a charge of theft.

 
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micro parks everywhere
On 12/12/2003 herbn wrote in from (205.188.nnn.nnn)

i could climb up and deface the telephone poles at the end of my block with a couple of backboards and play basketball in traffic. BUT there is a basketball court 2 blocks away,so no one in this neighborhood does this. If there is an extra court or ramps were built on opposite sides of the court, bleachers made to be skated, and maybe a few other portable skatable objects, that could be easily dragged around or pulled off, just incase somebody actually wants to play basketball,i could see it working out pretty good. Liability needs to be addressed, but it's been done, and it just needs to become more commonplace.

 
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Navigable Waterways
On 12/12/2003 Sketchmaster wrote in from (4.22.nnn.nnn)

Here's one I totally forgot about: The federal government has always claimed jurisdiction over navigable waterways, be they natural or manmade. In order to embrace the fullest expansion of their powers they declared this to be so even if the waterway is only navigable for part of the year. They have even used this arguement to support jurisdiction over waterways where a canoe could pass. I surmise the thread for this is that fur trade was once a major segment of the economy on this continent and canoe was the primary means of transportation of these goods. Most of the federal government's power is reliant on it's delegated power to regulate commerce. Anyhow, if the feds are claiming jurisdiction over a waterway due to the necessity of commerce being regulated on that waterway then it should stand that traffic needs to be allowed on that waterway. I would venture the premise that this standard applies whether or not the water in question is present. This premise would support mandated access to federally regulated aquaducts.

 
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Skater and Police confrontation in Hood River
On 12/11/2003 Pat Chewning wrote in from (12.224.nnn.nnn)

Recently in Hood River Oregon, a skateboarder was stopped for skateboarding against traffic during a parade. A scuffle took place and the skater's parents filed a complaint against the sheriff deputy involved. Interestingly, the chief of police of Hood River sort of took the side of the skateboarder during a hearing on the conduct of the sheriff's deputy.

Discussion here:

http://www.sleestak.net/forum/viewtopic.php?t=480


News article here:
http://www.hoodrivernews.com/News%20stories/097%20wampler.htm

Pat Chewning pchewn(AT)comcast(DOT)net (Same email appear when highlighting my name above?)

 
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Numbers!
On 12/10/2003 steve wrote in from (66.214.nnn.nnn)

And they forget that more people skateboarded than played baseball last year, or more little kids skated than played little league, or something like that.

 
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Debate
On 12/10/2003 Sketchmaster wrote in from (4.22.nnn.nnn)

squid: I realize and respect the English origin for many of the legal premises upon which our country is founded. Please, advise me regarding my specific issue as it applies to your country: The inherent rights premise establishes that rights are inherent in a person and are not derived from the political corporation. My understanding is that rights in britain are passed down from the sovereign to the lords to the reeves to the people and that the people have no inherent rights. An example of this in action is the fairly recent abolition of the right to habeas corpus in Britain. I'm well aware that the "figurehead" premise of the British sovereign is bogus. I don't have a lot of examples because I'm not well versed in operations of your government and because such examples are generally glossed over (probably to propagate the snowjob) but I do know that the Queen's cabinet wrothe the White Papers that became the constitution for Zimbabwe when it became an indepenent state. Please, illuminate further as to whether I'm dead on regarding this or smoking crack.

 
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sk8 parks Vs natral spots
On 12/10/2003 squid wrote in from (195.157.nnn.nnn)

Interesting debate, I'm from London and some of these issues exist here and across England in a very similar way (and that's with out the fear that if something happens on a persons property they can be sued) I don't think there are any easy answers, but there is an answer - If city councils decide to engage sk8ers and help balance our needs with there's. This is probably too naive for it to actually happen. I imagine that it is possible for the city to work with sk8ers as in actual fact sk8ing helps keep kids out of trouble, very few sk8ers I have ever met are addicted to heroin, crack - The only crime most sk8ers commit is sk8ing. So if in fact sk8ing helps keep kids off the streets and helps reduce crime and drug taking (Not that I am totally against drug taking) really councils should do as much as possible to actively encourage sk8ing. It would also engage people within there local community there fore increasing there standing as viewed by the authorities. It seems that this is pie in the sky as we are viewed as rebels even those of us who are in good jobs and who are responsible in most ways (I am not including myself in this!!) I have read in ILB that there is a copper in Hawaii who is a long boarder and actually runs a club there and helps people find good and legal spots to sk8, I would bet that this officer has influenced a generation in such a positive way. I sometimes am forced to wonder if the authorities that we all pay our tax to are more concerned with looks and appearance than actually helping the society which it serves. I am sorry for all the soap boxing! (And the spelling I am dyslexic! Just my lcuk!!!lol)I say let anarchy rule, make me king and I will make sure drugs are legal, milk cartons always open easily and it is illegal to interrupt a run. Anyone vote for me (Even if you don't I have a cousin who works for the Florida State Senate Hopefully Jed will be able to help out!)

 
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Lawless
On 12/8/2003 Dave G wrote in from (207.69.nnn.nnn)

I'll check back when this new borne needed site addresses it's intent,not opinion! I know I've been an instigater in some.. but you can't (and shouldn't) try to change opinions that are set!

 
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Skateparks
On 12/8/2003 Sketchmaster wrote in from (4.22.nnn.nnn)

Lenny: I hear where you're coming from on the "have to be able to skate somewhere" issue. Regarding that issue I have no solution. I didn't remember Blender getting into situations like that but I have a picture of Lucero right at the edge of almost getting into a fist fight with staff or security at an event. Also if a park is a public entity but is built with private funds then this fact should be boldly emblazoned at the facility lest it give us the black eye that we are just like all the other pigs at the trough.
One of my friends was involved in promotion for some benefit shows for Desert West Park. I don't have numbers in front of me so I don't know what the public vs. private ratio is for this park. When maintenance is required, how motivated is a municipality going to be regarding doing the job right? I would certainly suggest that all public owned parks be concrete. I can really imagine a municipality dealing with constant maintenance and deciding to just discontinue the park. Crete is so low maintenance and expensive/difficult to remove that it might preclude such a closure.

 
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No Utopia, but...
On 12/8/2003 Lenny wrote in from (205.188.nnn.nnn)

Sketchmaster, I agree with you mostly. I mean, wasn't the slappy invented as a result of someone (either Lucero or Blender, I think) getting kicked out of a local park? At the same time, if skating's illegal in a city, the park WOULD be a viable option for those who want to avoid the hassle. There are indeed no perfect answers, but taking away one spot, but providing another is one of the better ones.

 
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Skateparks
On 12/8/2003 Sketchmaster wrote in from (4.22.nnn.nnn)

herbn: The fault in this logic is that most of the kids will not be able to travel to whatever facility is built for them on a daily basis so they're still going to be skating where they always have in the past. Let's consider an example where an individual has 3 free hours to skate: Imagine 15 minutes getting everyone together, 15 minutes to an hour lining up a ride to get to the park and 15 to 20 minutes travel time each way to get to the park and back. Since we're going to the trouble of going to the park we'll be wanting to take full pads for a full tilt balls out session. This either means every skate session becomes a planned event, you carry full pads with you everywhere you go, or everyone has to get carted home to get their pads. The pads may even be a requirement for park admission. Further, the skater in question may have no interest in what you regard as the perfect park. He may be more content to slappy the red curb across the street from the park in the Dairy Queen parking lot. Parks can't be a solution for everyone.

 
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Skateparks
On 12/7/2003 herbn wrote in from (138.89.nnn.nnn)

gotta build them better than existing terrain, if you make them good enough that people won't want to ride existing terrain,like if you want to keep mountainbikers off hiking trails, don't make laws, make trails that are so cool we'll forget about the stupid hiking trails, well maybe once a year when we get nostalgic. This would be an interesting concept to apply to DH skating,50mph+ six lane ,supersmooth,banked corners,metal curbs,transfer jumps,ect ect.

 
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Darnage
On 12/7/2003 Dave G wrote in from (207.69.nnn.nnn)

So..I'm returning to my 2004 vehicle, and I see a rove shopping cart slam into the side of it. The culprit is obvious, and iigling with his friends, get's the cart,and exclaims "it's hardly any damage, you can get it fixed easily" Ooops..what am I thinking, I'll just take my toilet paper and be glad I have it!

It's all about respect for other'(s)

I say, "build more parks" Let the ones that use them pay for them (in materials or labor)
The town of Fayetteville now has a recreation area called "Playetteville" Constructed by river guides and rock climbers and mountain bikers (most of which don't have kids) We are willing to do the same ..but several are apprehensive, because the kids that would use it want to do only that, and not put forth fund raising or back breaking work to get it done! Takers not givers

As for non invasive structures.. Chaputs remark when he saw my outhouse "does it work?" still brings a tear of laughter to my eye!!

Ya'll enjoy now!
Dave G

 
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We need to build more parks
On 12/7/2003 Lenny wrote in from (205.188.nnn.nnn)

And keep toilet paper!!

 
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typo
On 12/7/2003 Slim wrote in from (66.126.nnn.nnn)

typo! i meant that they *AREN'T* destroying them on purpose.

 
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destruction
On 12/7/2003 Slim wrote in from (66.126.nnn.nnn)

But my other point is that they are destroying these things on purpose. They are using them in a manner that over a long time and lots of joy causes some minor cosmetic damage that can be easily repaired. I don't see that as a huge problem that should prompt cities to make skateboarding illegal.

 
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Nurture Nature
On 12/7/2003 Dave G wrote in from (207.69.nnn.nnn)

I too would like to see several structural creations be made of more earth friendly product.. But disagree w/ destroying things because it isn't to one's personal likings!

 
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gettin' old
On 12/6/2003 Slim wrote in from (67.119.nnn.nnn)

Well, Jack, I'm just 35, but like any skater have the knees, ankles, shoulders, and elbows of someone 100 years old, ha! Sure, I'm exagerrating a bit on the usefulness of benches and handrails. But there surely are some out of the way places where modern street skating can be done that won't interfere with the traditional uses for benches, curbs, and handrails.

I don't do any of that modern street skate stuff so it's no loss to me but I just don't like to see blanket responses like banning skateboarding all together. I think the cities should either build a good skatepark with natural skate terrain in it for the kids (and some vert for me please), or put their money into maintaining existing benches and whatnot that eventually get rundown by skaters - instead of using their money on chasing skaters all over town or putting up preventive measures like those bumps on handrails (which by the way are illegal since they violate the universal building code).

And for the record, I like toilet paper too! I like wood and it is a renewable resource if harvested correctly. Park benches should be made of wood or just be tree trunks. Pathways and stairways shouldn't be paved. (get some knobbies on those wheelchairs if need be). Leaves should be left where they fall (for the most part) and so on. But our towns are paved over. They only good thing about this is it is skateboard terrain: let's not let them take that away too!

-Slim

 
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place and space
On 12/6/2003 DAve G wrote in from (207.69.nnn.nnn)

My little town forbids skating as well,, But on seldom occasions I visit town, I like to sit on the benches under a shade tree on the court house lawn and read the paper or just daydream! And Jack..you know I aint even elderly! When I skate, I go to locales more suited to my needs and that don't interfer w/ others rights ! Slimm seems to think the enviroment has too much steel and concrete cover our earth..Hmmm Skateparks.
Enjoy all,
Dave G
I happen to hate seeing our lands forests cut down, but we all live in homes constructed w/ wood, and damn..I hate the thought of wiping my arse with plastic toilet paper too!

 
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San Luis Obispo
On 12/6/2003 Jack wrote in from (63.93.nnn.nnn)

The area where skateboarding is not allowed is actually a very small area downtown. I still see skateboarders rolling through the area, haven't seen any police action in quite awhile. But then again I'm not downtown that much.

Slim, do you really feel that way about benches and handrails? I would imagine that you are still fairly young and don't have much need for benches or handrails, but there are quite a few elderly people and folks who are not as physically capable as you who make use of these aids.

 
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Cape May
On 12/6/2003 DAve G wrote in from (207.69.nnn.nnn)

Good to hear!!

 
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The Kids are Allright
On 12/6/2003 SKATEBOARDING IS A CRIME wrote in from (68.86.nnn.nnn)

Glad to see that the future of skateboarding is in the hands of youth that will fight for what they feel is important.

You might not agree with their style of skateboarding but they are are future. Be cool and help them mold the future correctly. Remember when you were younger.

 
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