jujuman13
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One Dallas Biker Takes His Fight Against City's Helmet Law to Federal Court - Dallas News - Unfair Park
This is not an earth shattering case but a legal point that will require clarification.
Quote(Paul Woodfield had already spent years fighting Dallas's bike helmet law in county court, when the city decided to drop the original ticket he'd been given on a bare-domed ride around White Rock Lake back in 2007. With no ticket to fight, the Fifth Court of Appeals dismissed his three-year-old lawsuit back in January, figuring Woodfield didn't have much left to complain about anymore.)
But
Quote(So when a cop called him out for riding without his helmet back in March, Woodfield wasn't about to shy away from another scrap.
"She told me I have to wear my helmet, and I told her, 'No, I don't have to wear my helmet.' She said, The city law requires you to.' I said, 'Well state law says I don't have to, and I'm not going to wear one,'" Woodfield recalls. "So she said, 'Pull over.'"
Armed with a new $25 ticket, Woodfield's got himself another fight: he filed suit yesterday, in federal court this time, against the holy trifecta of the City of Dallas, Dallas County and the State of Texas.)
Good for him.
Quote(When it comes to bike safety gear, the Texas transportation code requires reflectors and lights -- but not helmets -- also says cities can't make additional requirements conflicting with state law. Legislators considered giving cities the right to enact local bike helmet laws in 2001, but as Woodfield's suit points out, that proposal never made it into law.)
So what do you guys think?
One Dallas Biker Takes His Fight Against City's Helmet Law to Federal Court - Dallas News - Unfair Park
This is not an earth shattering case but a legal point that will require clarification.
Quote(Paul Woodfield had already spent years fighting Dallas's bike helmet law in county court, when the city decided to drop the original ticket he'd been given on a bare-domed ride around White Rock Lake back in 2007. With no ticket to fight, the Fifth Court of Appeals dismissed his three-year-old lawsuit back in January, figuring Woodfield didn't have much left to complain about anymore.)
But
Quote(So when a cop called him out for riding without his helmet back in March, Woodfield wasn't about to shy away from another scrap.
"She told me I have to wear my helmet, and I told her, 'No, I don't have to wear my helmet.' She said, The city law requires you to.' I said, 'Well state law says I don't have to, and I'm not going to wear one,'" Woodfield recalls. "So she said, 'Pull over.'"
Armed with a new $25 ticket, Woodfield's got himself another fight: he filed suit yesterday, in federal court this time, against the holy trifecta of the City of Dallas, Dallas County and the State of Texas.)
Good for him.
Quote(When it comes to bike safety gear, the Texas transportation code requires reflectors and lights -- but not helmets -- also says cities can't make additional requirements conflicting with state law. Legislators considered giving cities the right to enact local bike helmet laws in 2001, but as Woodfield's suit points out, that proposal never made it into law.)
So what do you guys think?