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Paint Out on Main Street

September 21, 2011No Comments

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Analyzing City’s Legal Right to
Ban OHVs on Public Roads
By Tommy Acosta
Mea Culpa! Mea Culpa! Mea Maxima Culpa! I screwed up. Blew it. Totally made a fool of myself. Missed the boat. I am talking about my editorial on the OHV fight, No Legal Traction on OHVs. I assumed that it was ADOT that would make a decision on whether the city could legally ban off road vehicles from our public roads like S.R. 89A and S.R. 179. Man was I off. ADOT has nothing to do with allowing or disallowing the city to do so. ADOT’s response to me when I asked them to clarify their position, was curt and to the point. “ADOT designs, builds and maintains the state highway system,” I was told. “It is not our place to offer an opinion on how state law might apply in this matter.” It was a totally “duh” moment for me when I realized that that the decision or judgement on the OHV ordinance, would involve the state and not ADOT. Chagrinned I stand. The crux of the matter then is whether the city can effectively use a number of standing state laws that can be interpreted to determine whether the city can legally ban the vehicles or not. Read more→