Tag Archives: Conflict

Jamie Webb, Jeffrey Hermanson, and Michaleen Jeronimus v. City of Black Hawk, 2013CO9 (February 4, 2013)

The history of gold, bicycles and casinos meet at the confluence of Gregory Gulch and the North Fork of Clear Creek. Black Hawk banned bicycles blocking riders from passing through. If a Home Rule ordinance is not strictly a matter of local concern, and conflicts with state law, it is unconstitutional. Here, the Court held the matter was a mix of state and local concern because the ban had an extraterritorial “ripple effect” on non-residents, such as blocking access to Central City. The ban failed the conflict test because bicycling is a protected mode of transportation within Colorado, and state law limits bans unless an alternative route within 450 feet of the banned route is provided for bicyclists. There was no alternative route as required by CRS 42-4-109. Although CRS 42-4-111 permits local regulation of bicycles, Black Hawk’s ban was struck down for conflicting with state law.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2011/11SC536.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8823&courtid=2

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Filed under Constitutional, Government