The Colorado Supreme Court has overturned Black Hawk's ban on riding bicycles, ruling that bicycles are a matter of state and local concern.
The court ruled Monday the town can pass traffic regulations, but said they must comply with state laws that require any municipal bike prohibition provide an available alternate path within 450 feet.
Nov. 9th, 2012 the Colorado Supreme Court heard oral arguments from the case against Black Hawk for banning bikes. You can hear the 60 minute oral discussion (30 minutes for both sides) and you can read what Bicycle Retailer had to say.
Listen to the oral arguments in the Colorado Supreme Court
From Bicycle Retailer
When a local law conflicts with the state’s and affects non-local residents, the state law must take precedence, Paul Schwartz, the lawyer for the cyclists, told the court's seven justices.
A Colorado law says municipalities can’t ban cycling on local roads unless there is an alternate route within 450 feet.
Thus the Black Hawk bike ban is “the poster child” for the kind of local law that conflicts with state law and affects nonresidents, Schwartz said.
"You decided that bikes weren’t compatible with Black Hawk’s economic model ..." — Justice Gregory Hobbs
Justice Gregory Hobbs questioned Schwartz on whether that meant Black Hawk had to build “some expensive route” to accommodate cyclists.