H.L.A. Hart and Lon Fuller famously discussed whether roller skating in a park amounts to operating a motor vehicle in a park. Cf.
Monday, January 02, 2006
and
Monday, April 04, 2011
[W]e agree with defendant that the underlying information was facially insufficient since it failed to set forth, prima facie, defendant's commission of the charged offense. Even if established as true, allegations that defendant was observed riding a bicycle inside a subway station entrance would not make out a legally sufficient case that defendant violated Administrative Code § 19-176(b), an essential element of which is proof that the bicycle riding take place on a "sidewalk," a term narrowly defined in the ordinance as "that portion of the street ... between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians." We decline to adopt the People's broad reading of the term "sidewalk" as encompassing all manner of "pedestrian conduits," even those "set back from the street." Had the City Council intended to extend the definitional reach of the term "sidewalk" in [*2]such an expansive fashion, it would have been a simple matter to include appropriate language to that effect, as it did elsewhere in the Administrative Code (see Code § 7-201[c][1][b] [The Pothole Law], defining a sidewalk to include "a boardwalk, underpass, pedestrian walk or path, step and stairway"]).
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1 comment:
Frederick Schauer, "A CRITICAL GUIDE TO VEHICLES IN THE PARK," 83 New York University Law Review 1109, 1115 n. 20 (2008):
"Hart almost certainly drew the example from McBoyle v. United States, 283 U.S. 25 (1931), a case in which the question was whether an airplane was a vehicle for purposes of a federal statute prohibiting transporting a stolen vehicle across state lines. See id. at 26. I suspect that Hart learned of the case while at the Harvard Law School in 1956–1957, and in particular that he learned of it from Henry Hart, Albert Sacks, or possibly even from Fuller himself."
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