Man In Wheelchair Ticketed For Riding In Street

[piemaker720]

http://www.themilwaukeechannel.com/n...html?qs=1;bp=t

Andrew Schneider is in a wheelchair, but doesn't let his disability get in the way.
His travels last week took him on a West Bend road that didn't have sidewalks. Some drivers didn't think that was a good idea and called police.

Now this is wrong. When people on bicycles can ride on the road and have the right of way, but a person in a motorized wheelchair can't. Equal justice, if a wheelchair can't then the bikes shouldn't either.

[joepole]

A person in a wheelchair is a pedestrian, a bicycle is a vehicle. Pedestrians belong on the sidewalk. If the rest of us have to put up with ridiculous ADA laws then the wheelie gang is just going to have to sack up and learn what it's like to live with arbitrary, nonsensical laws making life a hassle.

[piemaker720]

Originally Posted by joepole

A person in a wheelchair is a pedestrian, a bicycle is a vehicle. Pedestrians belong on the sidewalk. If the rest of us have to put up with ridiculous ADA laws then the wheelie gang is just going to have to sack up and learn what it's like to live with arbitrary, nonsensical laws making life a hassle.

That is bull, how can you say a bike is a vehicle and a motorized wheelchair is not. Both have wheels. A wheelchair on the roadway is no more of a nusience than a bike. I have seen a lot of bike riders that should not be on the road, they slow traffic down. You are discriminating against the wheelie gang.

[AnimeSpirit]

I'm with Pie on this one. Wheelchairs don't hold up traffic or create anymore hassles or safety violations than bicycles do.

[joepole]

First off, a bicycle is about a billion times faster than a motorized wheelchair. Secondly, a wheelchair is a device that enable a person with a disability to function as a pedestrian, a bicycle is a device that enables an able-bodied person to move about with greater speed and less energy expenditure. Thirdly, LA law specifically extends vehicular rights to bicycle operators:

LA RS32§194:

Every person riding a bicycle upon a highway of this state shall be granted all of the rights and shall be subject to all the duties applicable to the driver of a vehicle by this Chapter, except as to special regulations in this Part and except as to those provisions of this Chapter which by their very nature can have no application.

[AnimeSpirit]

I'm not familiar with state law to that degree, but I do know that bicycles legally differ from automobiles in some degrees where wheelchairs are similar.

For instance, a person can ride a bicycle (or even ride a horse) while intoxicated by alcohol without being legally prosecuted for DUI because the Supreme Court recognizes MOTOR vehicles only for cases like these. However, there was a case not long ago where a man was, in fact, prosecuted for driving a motorized wheelchair while drunk.

By your understanding of the legal purposes of bikes and wheelchairs, this case would be the same as prosecuting a drunk pedestrian for DUI, making it a legal paradox.

[piemaker720]

Originally Posted by joepole

First off, a bicycle is about a billion times faster than a motorized wheelchair. Secondly, a wheelchair is a device that enable a person with a disability to function as a pedestrian, a bicycle is a device that enables an able-bodied person to move about with greater speed and less energy expenditure. Thirdly, LA law specifically extends vehicular rights to bicycle operators:

LA RS32§194:

Every person riding a bicycle upon a highway of this state shall be granted all of the rights and shall be subject to all the duties applicable to the driver of a vehicle by this Chapter, except as to special regulations in this Part and except as to those provisions of this Chapter which by their very nature can have no application.

I still think you are full of it. A bicycle rider is only as fast as the person that pedals it. Some of the older bike riders probably aren't as fast as they use to be. But because they are on bikes it is okay for them to hold traffic up. Where as a disabled person that uses their wheelchair to get where their going, it is not right for them to use the road. It is still discrimination.