FYI - I read a personal account from someone walking their dog at CHER who was approached by 2 CPD officers on dirt bikes who are patrolling CHER in addition to the City portion of Calavera. Apparently the State has given them the right to ride motos all over CHER and enforce the trail closures.

Treading lightly I'm sure
utter BS

_________________
You never know what tomorrow will bring so go ride your EBike today or walk your pooch
Fear the Yeti

Mike

All outdoor areas are effectively closed and now we are spending extra funds putting up fences....
Glad someone is still working...

From the Carlsbad covid page:

“The City of Carlsbad Police Department will enforce the new rule with citations that carry fines starting at $50.”

All official California pandemic plans have called for a 14 day shelter in place for at least since I have been aware of them (about 10 years).

Ok Gavin, you’ve had your 14. Now what?

We are officially in uncharted territory.

In case you think I’m BS’n ya, here is the link:

https://www.readysandiego.org/pandemic/

Here's where I get bent
Rules and policies are NOT laws. They should enforce laws, not policy. If they want policy to become law, then create the law to enforce the policy.
I think you could beat a fine for a policy violation if cited.
Where there are laws, like no trespassing, you will lose. For walking on a beach at sunset, you will win.
We, at this time, don't have Marshall law, but we're trending very close to it.
Rant done,maybe

_________________
You never know what tomorrow will bring so go ride your EBike today or walk your pooch
Fear the Yeti

Mike

You sure there isn’t a law which gives them the authority to enforce these rules?

My example that I'm thinking of now:
The police have a policy that there is no filming inside the police station. You are standing on the curb in public, the parking lot, walkway or all the way inside the public access area by the front desk filming anything you can see. They can not cite you for doing it, can't ask for your ID, or legally enforce their policy. You have not broken any laws. Supreme court has ruled on that.

I'm currently checking the legality of these policies that the state and cities have enacted. Seems that there is no clear rules/or laws that they can point to. I'm not a lawyer but played one on TV once
I understand the part of SD but to stop & fine a couple that live together in a home from walking down the beach is a bit over the top for me

_________________
You never know what tomorrow will bring so go ride your EBike today or walk your pooch
Fear the Yeti

Mike

It's Martial Law and if posed by Congress or the President, that would effectively mean that the military is in control and NOT the police. However, the military has no authority to effect local laws....like writing citations for walking on the beach. A little light reeding: Article 1, Section 9 states, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Habeas corpus is a concept of law, in which a person may not be held by the government without a valid reason for being held. A writ of habeas corpus can be issued by a court upon a government agency (such as a police force or the military). Such a writ compels the agency to produce the individual to the court, and to convince the court that the person is being reasonably held. The suspension of habeas corpus allows an agency to hold a person without a charge. Suspension of habeas corpus is often equated with martial law.

Because of this connection of the two concepts, it is often argued that only Congress can declare martial law, because Congress alone is granted the power to suspend the writ. The President, however, is commander-in-chief of the military, and it has been argued that the President can take it upon himself to declare martial law. In these times, Congress may decide not to act, effectively accepting martial law by failing to stop it; Congress may agree to the declaration, putting the official stamp of approval on the declaration; or it can reject the President's imposition of martial law, which could set up a power struggle between the Congress and the Executive that only the Judiciary would be able to resolve.

Overall, I'm with Dirtrider on his argument and I think if push came to shove....and somebody REALLY wanted to push, the courts would eventually side against the police enforcement. I've read about numerous lawsuits already in the process for Constitutional overreach issues due to Covid. For sure, the East Coast states trying to stop residents from other states from driving through is going to be a huge issue and I hope some state ends up paying millions upon millions.

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If you don't go this year, you'll only be a year older when you do - Warren Miller

Goin old school...also not a lawyer but...

The first amendment to the US Constitution...

Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

So as I read it, as long as the group ride is in protest of the lockdown, we should be covered!

So, are you saying : DT RIDE AT SKYHAVEN SATURDAY AT 8:30?

_________________
You never know what tomorrow will bring so go ride your EBike today or walk your pooch
Fear the Yeti

Mike

Do you see how sketchy his anchors are? He is crying out for release!

_________________
I never would have thought that Harley would end up being my inspiration. (well..maybe a little).

avidtest


"it makes mountain biking fun again"

Ozzer

Entrance on Tamarack

Bastards!

_________________
I never would have thought that Harley would end up being my inspiration. (well..maybe a little).

avidtest


"it makes mountain biking fun again"

Ozzer