The Bismarck City Commission on Tuesday gave final consent to an ordinance that allows low-speed vehicles to operate in certain sections of town, but one operator wanted more access throughout the city.
Terry Barnes, an operator of this vehicle type, protested the ordinance as written. He was against requirement the vehicles only be operated on streets where the speed limit does not exceed 25 mph.
"I have a big problem with it," Barnes said. "I am a disabled person. … Limiting it to a 25 mph zone is not a very fair thing. You are telling me I have to go out of my way. … I can cross a street, but I can't use it. Getting to my daughter's house, that's impossible."
"I think Bismarck should be thinking 'green.' … Twenty-five miles per hour? No. Stay with the state (law)," he said.
The new city law allows these vehicles to cross intersections of higher speeds to reach another 25 mph zone.
"The difficult thing I am wrestling with is how do you balance the needs of the motoring public that is used to certain traffic patterns and speed limits," Commissioner Connie Sprynczynatyk said. "We have different classifications of streets to carry a heavier load and in some cases to carry faster traffic. … It sounds like you want them to go anywhere."
Barnes said state law specifies where they can't travel.
Sprynczynatyk said they need to balance the needs of all motorists.
"I think it is a reasonable plan to accommodate virtually everyone," said Commissioner Mike Seminary.
Barnes asked if he would get a ticket. Mayor John Warford said he would if he were driving in a 35 mph zone.
Barnes then threatened to hire an attorney because he claimed the city law violated his rights under the Americans with Disabilities Act.
City Attorney Charles Whitman disagreed. "We are not limiting your right to travel. We are limiting a certain mode of transportation," he said.
(Reach reporter LeAnn Eckroth at 250-8264 or leann.eckroth@;bismarcktribune.com.)
Posted in Local on Tuesday, November 11, 2008 6:00 pm Updated: 2:23 pm.
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