Updated: August 19, 1998

Tangipahoa Parish Passes Anti-Bicycling Ordinance. Mayor Tallo Signs Petition For Repeal.

by: Nathan Gifford

(AMITE,LA)Cyclists in this parish (county) of 100,000 souls were dealt quite a surprise over the Memorial holiday week. While many people were vacationing with their families the parish passed ordinance 98-13 [ordinance text] requiring groups of 8 or more cyclists to obtain permits and post notices in local newspapers of any rides in Tangipahoa Parish.

The ordinance did not stop by targeting just club rides. 98-13 also contains a clause regulating "unorganized" rides. The general opinion by those who have read the ordinance is that this means any group of cyclists whether riding with a club or not.

Such heavy restrictions could make bicycling anywhere within the parish impossible. Whether on state or parish roadways, anyplace where bicycles might congregate could become a potential enforcement target. With such a broad definition of what constitutes a group, even 8 cyclists converging on a traffic light from various directions could violate this ordinance. Children that would normally ride bikes to the various parks and schools could be forced to walk rather than chance violating 98-13. Additionally, students of Southeastern Louisiana University who park off campus and bike in to relieve the campus' parking problems, might have to rethink this strategy.

The ordinance's $200 fine will likely qualify as being one the nation's stiffest bicycle fines. In a survey conducted by Southern Cyclist Magazine, most fines for bicycle infractions ran from about $27 to a high of $127. Only the $250 fine for bicycle DUI in California beat Tangipahoa Parish out of the top spot.

Fines for motor vehicles violations are not nearly as severe. In Louisiana's 21^st Judicial District, of which Tangipahoa Parish is a part, violation of the state's motorcycle helmet law (there is no state bicycle helmet law) is a $139. All moving violations within the parish are a mere $150. In fact, encroaching on the centerline resulting in a collision is a meager $179.

These strict restrictions and hefty fines could have a chilling effect on event rides within the parish. Every year the parish hosts the Multiple Sclerosis Society's MS Tour for Cure. The annual ride attracts over 1,000 cyclists for a two-day jaunt from Hammond, LA to McComb, MS and back. The Tour For Cure is Louisiana's largest group ride. The other major ride is the local Kiwanis Club's Tour de Tangipahoa. This 7-year-old, one-day ride attracts 150-300 riders and is considered a tune-up ride for the Tour For Cure.

While both tours would have little trouble meeting the requirements of the ordinance no one can predict if the bicycling community would boycott future events. Mike Hamner, president-elect of New Orleans' largest cycling organization the Crescent City Cyclists has abandoned Tangipahoa for the near term. Mr. Hamner stated, "As a result of this ordinance the CCC has moved all of the rides (approximately 6 on the current schedule) which would have started in or passed through Tangipahoa Parish into other parishes."

Not all believe this ordinance will have a negative impact on the parish. In a story reported by one of the parish's principal newspapers, The Daily Star, parish Councilman Carlo Bruno said he felt cycling impact on the parish was overstated. However, one wonders how someone could hold that opinion when 1,400 cyclists descend on the parish renting most, if not all of the hotel rooms in both Hammond and McComb over the two-day Tour For Cure weekend. Likewise, the parish's own Tour de Tangipahoa spends all the money it collects inside Tangipahoa.

Could the Tour For Cure move to another parish? It is certainly possible. The Tour is a mid-sized event by the MS Society's standards. The Tour's "out and back" ride with riders biking back to Hammond is also unusual since many other tours just ride out and bus riders back to start. If the Tour moved further west to St. Francisville, longer tours would be possible because of the wider selection of destinations. Such changes could allow 4-day tours similar to those that exist in other states.

The parish council has said it doesn't understand the problems with the ordinance. The council claims that much of the ordinance was taken directly from state law. However, one section requires the bicyclist to ensure that the motorist has room to pass. This differs from Louisiana state law that requires the passing vehicle to ensure proper clearance. If it were allowed to stand, according to some members of League of American Bicyclists, this could make the cyclist negligent when a passing vehicle has a collision.

There is also the thorny issue of Constitutional law. Many cycling advocates indicated early in the discussions of 98-13 that the 8 cyclists provision may violate the US Constitution's Freedom of Assembly Amendment [Bill of Rights], as well as, Louisiana's Constitution. Though some would dismiss such charges as desperation among cyclists, Mr. Howard Elliot, a General Counsel for the State of Louisiana's Traffic Division said, "it was one of the first things I noticed." Acknowledging that he was not a Constitutional lawyer Mr. Elliot added, "This is something for a Constitutional lawyer or maybe a law professor to examine."

Could the parish enforce this ordinance? Mr. Elliot thinks so. According to Mr. Elliot part of the problem is that the state has not drafted many laws regarding operation of bicycles. While bicycles are legitimate vehicles, the lack of state regulations leaves municipalities open to draft legislation.

Enforcement may still be a problem. Since parts of 98-13 may violate both federal and state laws someone will have to be ticketed to test the law. Certainly the unusually high fines and passing provision lend credence to cyclists' claims that the parish's goal is to ban bicycles; something the parish cannot do. Further, many parish townships lack parading laws; the most similar law to 8 cyclists provision of 98-13. Those municipalities that do have these laws, with the only exception of Ponchatoula, have fines well under $200. Facts such as those could embolden a court to issue an injunction against the ordinance on the grounds of capricious enforcement.

Others aren't waiting for an injunction and are joining the petition drives for 98-13's repeal. The Mayor of Hammond, Mr. Louis Tallo, boldly signed the repeal petition at a meeting of the SouthEast Louisiana Amateur Radio Club (SELARC). "I thought it was bad when I heard about it," said Mayor Tallo. He was not alone. That night, almost every radio operator in the room with the mayor signed the petition.

Outside the parish other petition drives have started. These petitions too request that 98-13 be repealed. "I'll pass these petitions on to the other shops," said one bike shop manager in Baton Rouge. Mike Hamner has started circulating petitions in the Greater New Orleans area. The Bike Zone, a chain of bicycle shops based northshore of Lake Ponchatrain, are carrying petitions in two of its three Louisiana outlets.

Thus far, despite the many problems with the ordinance the parish council has shown little interest in its repeal. There are rumors that 98-13 will come before the council again, possibly within weeks.

Mr. Elliot probably summed up the ordinance best. Citing his long career in law, he feels that police officers won't want to enforce this law and would rather focus their resources on serious crimes. "They [police] don't like to enforce the laws on decent people."

Resources
Text of Ordinance 98-13
Southern Cyclist Magazine Advocacy Page | League of American Bicyclists | Tangipahoa Parish Home Page

Petitions
Tangipahoa Parish resident petition | Non-resident petition

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