RE: [nmlci] Answer: Ghost Bike Gone, New Mexico law possibly violated?

[Khalil Spencer <khalil at losalamos dot com>]

I've seen quite a variation in memorials up this way. Never heard there
was a standard allowable design, so why not include a bicycle?

There is one legal loophole. See section C.

30-15-7. Desecration of roadside memorials; penalty. 

A.     A person shall not knowingly or willfully deface or
destroy, in whole or in part, a descanso, also known as a memorial,
placed alongside a public road right of way to memorialize the death of
one or more persons.  

B.     A person who violates the provisions of Subsection A of
this section is:  

(1)     for a first offense, guilty of a petty misdemeanor and
upon conviction shall be sentenced pursuant to the provisions of Section

31-19-1 NMSA 1978; and  

(2)     for a second and subsequent offense, guilty of a
misdemeanor and upon conviction shall be sentenced pursuant to the
provisions of Section

31-19-1 NMSA 1978.  

C.     The provisions of this section shall not apply to law
enforcement officials or other employees of the state or a political
subdivision of the state who in the course of the lawful discharge of
their duties move or remove a descanso that obstructs or damages any
public road in this state or to an owner of private property upon which a
descanso is located. 

Seems to me the government can only take it down if it is
obstructing something. Santa Fe has argued that you cannot obstruct the
center median of a road as it obstructs vision, or something like that.
Put up a new memorial with flowers and a smaller ghost bike or perhaps
just the bicycle wheels, and make sure it doesn't obstruct the public
road in any way. Then file the lawsuit if it gets taken down. 

At 09:06 AM 3/15/2009, Johnson-Grover wrote:

Ummmmm



30-15-7. Desecration of roadside memorials; penalty.

I think there's an issue here.  If the city tampers with the bike then how can they justify leaving all the other hundreds of descansos around town?  I'm sure this is not the first time this issue has come up...if anybody knows anybody about what challenges have occurred in the past, now would be a time to think about getting involved...

Is this not a direct test of the Lemon or Establishment clause Diane???

---

Date: Sat, 14 Mar 2009 17:25:09 -0700
From: blacktiebicyclist at yahoo dot com
Subject: [nmlci] Answer: Ghost Bike Gone
To: bikeabq at yahoogroups dot com
CC: corey at vintagesherpa dot com; tomp dot trowbridge at state dot nm dot us; nmlci at woozle dot org

FYI
Lets wait till constuction is over to see what happens.

--- On Sat, 3/14/09, Silda Mason <sirqmason at yahoo dot com> wrote:

From: Silda Mason <sirqmason at yahoo dot com>

Subject: Re: [bikeabq] Ghost Bike Gone

To: blacktiebicyclist at yahoo dot com

Cc: "'Board BikeABQ'" <board at bikeabq dot org>

Date: Saturday, March 14, 2009, 5:27 PM

I was on a bike ride with the Touring Society this morning around 10am and we went by there.  A man was cutting the lock.  I asked him who had ordered it removed, and he said Jay Evans (?) by order from the Mayor had ordered him to remove it.  Are they really going to put a traffic light there?

Silda

--- On Sat, 3/14/09, Black Tie Bicyclist <blacktiebicyclist at yahoo dot com> wrote:

From: Black Tie Bicyclist <blacktiebicyclist at yahoo dot com>

Subject: Re: [bikeabq] Ghost Bike Gone

To: bikeabq at yahoogroups dot com, "Hal" <halfencer at aol dot com>

Date: Saturday, March 14, 2009, 4:42 PM

It was there at 9:30 last night

--- On Sat, 3/14/09, Hal <halfencer at aol dot com> wrote:

From: Hal <halfencer at aol dot com>

Subject: [bikeabq] Ghost Bike Gone

To: bikeabq at yahoogroups .com

Date: Saturday, March 14, 2009, 3:59 PM

Either it's gone or invisible but I couldn't see it today when I went by Commanche and Paseo del Nordeste bike trail. The city is constructing something at the site so workers might have removed it.

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Khalil J. Spencer
1799 Camino Uva
Los Alamos, NM 87544
505-661-8141
LAB Cycling Instructor #1173
http://www.labikes.blogspot.com/