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Re: FW: Bicycles prohibited on Nahant causeway.  Andrew M. Fischer
 Jun 19, 2008 19:52 PDT 


It is a DCR state road. I have litigated successfully that police
cannot lawfully remove a cyclist from a public way. If Scott or someone
wanted to challenge the posting of the sign and get a court order that
the sign is illegal and should be removed, I would be happy to discuss
and explain what would be involved.

Andrew M. Fischer
Bicyclist, advocate, attorney

Shane Jordan wrote:
 
Does anyone know if this is a road or a walkway or a private roadway
or what?



Shane





*From:* LF [mailto:fie-@comcast.net]
*Sent:* Wednesday, June 18, 2008 11:33 PM
*To:* bike-@massbike.org
*Subject:* Bicycles prohibited on Nahant causeway.



On Wed, Jun 18, 2008 at 6:55 PM, Robertson, Edgar W.,M.D.
<EWROBE-@partners.org <mailto:EWROBE-@partners.org>> wrote:

<snip>.


FYI: Scott got stopped on the Nahant causeway by a cop who said bikes
are not
allowed on the road anymore. According to the cop, it's TOO DANGEROUS
for us
cyclists. There is now a sign posted somewhere which is tiny and hard
to see.
Anyway, the cop was all set to give him a ticket, but he got away with
a warning
because it was his first offense. So now we MUST ride over the clam
shells,
dodging the skate boarders with the iPODs and text messagers, all the time
watching for cars backing up in the parking lot.

***

I doubt that the Nahant causeway can legally be closed to bicycles.
This is something that Mass Bike will be interested in, and may be
helpful with. I'll forward this to them.

Best,

Larry

[Non-text portions of this message have been removed]
	
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