when free speech overrides speed trap warnings

FRISCO -- The city has adopted a new ordinance barring anyone from being in the median of a divided road except in certain cases.

The measure was prompted by the actions of a Frisco man whose October arrest made national news. Ron Martin was standing in the median along Eldorado Parkway at Ranchview Lane with a homemade sign warning motorists about police ahead.

Police officers at the scene said he was violating the city's human sign ordinance. They handcuffed him and transported him to the city jail, where he was booked and required to pay $217 bail to be released.

A municipal court judge dismissed the misdemeanor charge last month, saying it wasn't clear what the offense was.

Frisco Police Chief John Bruce said Tuesday that he believed Martin's arrest was still valid, but his department opted against refiling the charge. Instead, the department proposed a new ordinance, which the City Council unanimously approved at its meeting Tuesday.

Bruce said the ordinance addresses a public safety issue. The question is, "Do you want people to be able to stand in medians without having a legitimate reason to be there or not?" Bruce asked council members.

The ordinance bans people from "stopping, standing, walking, running and/or otherwise entering in and/or upon a median." There are exceptions. Utilities and cleanup crews would be allowed. And people would be allowed to stop in the median in an emergency or while waiting for traffic to clear before crossing the street.

But standing in the median would not be allowed. Joggers and dog walkers also would be banned from using the medians. The ordinance states that the new regulations will help avoid traffic hazards and distractions to motorists as well as "alleviate possible nuisances to pedestrians, motorists and other persons using public right-of-way."

An offense under the new ordinance is a misdemeanor with a fine of up to $500.


http://www.dallasnews.com/news/comm...risco-bans-people-from-standing-in-median.ece
 
That law should be stricken. Its sole purpose is to restrict speech.

Here in Florida it was against the law to flash your headlights. Something people were doing to warn motorists of speed traps. I once got pulled over by an irate cop for doing that. He was so angry at me. I knew that a memo had recently been distributed to the police dept. not to write tickets for it because the local courts had deemed it unconstitutional and were not enforcing it.

The guy screamed at me and told me he was going to write me a ticket. He went back to his motorcycle and got on the radio.... about 10 mins later he brought me back my DL and wished me a pleasant day.
 
i have found that cops REALLY hate it when you know the laws better than they do. especially gun laws.

Many of them, its not that you know the law better, its that you are illustrating that their power is limited. Many cops go into the job due to a thirst for unlimited power.

Most people think you have to simply obey cops, no matter what. Many cops think that also.

I was told by a cop that I could not launch a model rocket in a park. When I asked what his authority to prohibit me from doing it, he simply said, "Because I am a police officer and I am telling you not to!" He honestly though the had that power.

Same thing once when a cop told me I could not park in a legal parking spot...

Both times once I called the station and had a supervisor come to the scene, they backed down. The problem is that they generally do not encounter resistance, if they say don't park there... most people just say okay, ill move. .
 
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