Wednesday June 13, 2007

Miami Beach nude cycling event. One arrest, but no actual nudity. What I want to know is how it’s illegal to organize a group of people to ride bicycles down Lincoln Rd.

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  1. Onajide    Wed Jun 13, 05:07 PM #  

    Is it because bicycles are legally considered vehicles, like automobiles, and therefore illegal to ride a bicycle on a pedestrian walkway? I know it’s illegal to ride bicycles on the sidewalk in the State of Florida although plenty of people do it. I used to have a copy of the exact statute that talks about having working lights at night on bicycles too.

  2. kingofrance    Wed Jun 13, 05:34 PM #  

    Miami Beach Code:

    Sec. 70-67. Prohibited activities.
    (a) It shall be unlawful for any person to engage in skateboarding, or operating any motorized means of transportation, except for wheelchairs or other such motorized devices when used by disabled persons, in, on, or upon any portion of Lincoln Road Mall lying west of the westerly line of Washington Avenue to the easterly line of Alton Road at any time.

  3. Doug    Wed Jun 13, 05:43 PM #  

    Hey, thanks for the link! I think the problem was that it wasn’t organized. If someone from the WNBR had done a little research beforehand and gotten the okay from the Miami Beach “Office of Special Events” (okay, I admit they’re a little anal in MB!), they most likely could’ve gotten permission to have the ride, albeit in flesh socks and pasties, with the assistance of the Miami Beach Police — if not on Lincoln Road, somewhere closeby and equally visible. Due to the lack of coordination, some of the prospective riders also didn’t feel it was safe enough to attempt, and the entire thing imploded on itself before hit happened.

  4. alesh    Wed Jun 13, 06:31 PM #  

    I smell bullshit here. If it’s illegal because it’s against the law to ride a bicycle on a sidewalk (and note that people ride bikes up and down lincoln rd all the time right under cops noses), then no permit from an office of special events can make it kosher.

    It sounds to me like they considered it an “event” that someone was staging, and it triggered their permit requirement. Well, a few people riding bikes is NOT an event, and if it is, then I’d like to have someone explain to me exactly what the trigger for an event is.

    And Doug, be real — what’s close to Lincoln Road that’s “equally visable”?? Lincoln rd is unique. There is NO other pedestrian mall where such an activity would be quite so public. This gets into that whole “free speech zone” area, which I think needs to be re-addressed at some point in our legal system.

  5. kingofrance    Wed Jun 13, 08:36 PM #  

    Actually, this is a good point. Saturday and Sunday mornings I do group rides and there are usually 60+ riders. Are these events? Should we have permits from each municipality we go through? And trust me, sometimes those rides are truly a threat to public safety.

  6. Eddie Suarez    Wed Jun 13, 09:26 PM #  

    Riding a bike on the sidewalk is legal. It isn’t safe but it is legal.

    Is a bike a motorized vehicle? There is no motor on it except for the human pedaling it. Would that law /statute be calling humans a motor?

  7. kingofrance    Wed Jun 13, 10:27 PM #  

    Legal status of bicycles
    (Sections 316.003(2), (10) and 316.2065(1), F.S.)

    A bicycle is classified as a vehicle. A person in control of a vehicle on a street or highway is a driver. As a driver, a cyclist must follow the traffic rules common to all drivers. As the driver of a bicycle, he must also obey regulations adopted specially for bicycles. A person riding a bicycle has all the rights applicable to any driver, except as to special regulations for bicycles.

  8. alesh    Thu Jun 14, 01:03 AM #  

    KoF~ Legally, a bike is a vehicle just like a motorcycle or a car. In real life, most people can tell the difference. A notable exception are cops. In particular Surfside cops. Now, Surfside has long struck me as a bitter, sour little community, neither really interesting or really sleepy, living in a worst-of-both-worlds nadir between Miami Beach and Bal Harbor. The icing on the cake were two stories Tiffany told me about Surfside police, one of which involved them handcuffing and laying on the ground, face-down, some bikers they’d caught riding around after dark without legal headlights on their bicycles. My hunch is that we have some folks who have been either a reality-check or a hug short of a healthy upbringing on our case.

  9. kingofrance    Thu Jun 14, 03:52 AM #  

    dude, you don’t have to look to our neighbors to the north to find that mind-set. I was stopped down here for not having a headlight on my bike. Do I have one on my bike now? You betcha.

  10. Gus    Thu Jun 14, 04:50 AM #  

    >> And Doug, be real — what’s close to Lincoln Road that’s “equally visable”?? Lincoln rd is unique. There is NO other pedestrian mall where such an activity would be quite so public.

    Why does the event have to been in such a public location? South Pointe Park would have been a good place to organize a nude bike ride. The City would have been wise to help WNBR organize the event (and milk it for as much press as they could).

  11. Onajide    Thu Jun 14, 01:06 PM #  

    Eddie Suarez: riding a bicycle on the sidewalk is legal in certain circumstances. We certainly do not want to forcibly have children riding in the roadway. However, when there is a bike lane marked in the roadway, adults on bicycles should be using it.
    316.2065 Bicycle regulations.—
    (1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.
    (11) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

    However this event was to take place, I would have concerns until I was assured of the number of participants since I know how busy Lincoln Rd. can be and, how many cyclists don’t control their bikes well.

    Alesh: I know cops in Ft. Lauderdale that have given out tickets for no lights at night, riding the wrong way on the roadway, running red lights but, none of them have the cyclists facedown on the ground. I’ve had my own run-in with the Surfside cops. Being African American is enough to raise every red flag they have and set off every damn alarm they have in their community.