Sitting on the Sidewalk is Against the LAW!: Why Skateboarders Rights Also Effect You

As you may have seen in the comments section of my post, "NO Skateboarding Day 2009", it was pointed out that, to a degree... the officer was right. Damn.

Its incredible confusing to explain, so I'll state this as easily as possible.

For starters, there is a section of the law called §10-611. Sidewalk Behavior.

The question I'm posing, and many will, is does this supersede the law stated in 10-610, which basically contradicts this in terms of rights for skateboarders?

But I'm getting ahead of myself. If you clicked that link, you head, more likely than not, is now spinning and it hurts like hell. If you start reading it, you realize that this law prohibits... well, pretty much everything.

Here's what applies to everyone:

(a) The following provisions shall apply city-wide: Subsections (2)(a), relating to parking a motorized vehicle on the sidewalk; (2)(b), relating to gambling on the sidewalk; (2)(f), relating to unlicensed sale of goods or services on the sidewalk; (2)(i), relating to the sale of goods or services, or solicitation of funds, on the highway; (2)(j), relating to displaying for sale objectionable material; (2)(l), relating to unreasonable obstructions on the sidewalk; (5)(a), relating to honor boxes on the sidewalk without a permit; (5)(b), relating to littering on the sidewalk; (5)(c), relating to excessive noise on the sidewalk; (6)(a), relating to owner/occupier of private property keeping the sidewalk clear of litter and obstructions; and (6)(b), relating to owner/occupier of private property keeping the sidewalk in good repair.

Or, in short, you can't do the following on the sidewalk: Park your car, gamble, sell things without a permit, panhandle on the highway, display objectionable material, create an "unreasonable obstruction", you need a permit for an honor box, litter, make excessive noise, and if you own property, keep the sidewalk in good shape.

Make sense? Good!

OK, here is behavior that is prohibited in certain areas:

(b) The following provisions shall apply only in the zones designated by Council: (2)(c), relating to riding a bicycle on the sidewalk; (2)(d), relating to riding a scooter, roller skates or skateboard on the sidewalk; (2)(e), relating to loading or unloading a commercial vehicle on the sidewalk; (2)(g), relating to lying on the sidewalk; (2)(h), relating to sitting on the sidewalk; (2)(k), relating to unlicensed placement of any bench, planter, fixture or street furniture on the sidewalk; (2)(m), relating to unattended belongings on the sidewalk; (2)(n), relating to unrestrained animals on the sidewalk; (4)(a), (b) and (c), relating to aggressive solicitation; and (6)(c), relating to owner of take-out restaurants care of trash receptacles on the sidewalk.^[98]

Confused? Me to. It says that the following applies to riding your bike, scooter, skateboard, or roller skates on the sidewalk, commercial vehicles, unlicensed fixtures on the sidewalk, animals, and solicitation. Oh, and sitting and lying on the sidewalk. It also deals with aggressive panhandlers.

Now, the next part of the law deals with the locations. It is the single most confusing thing for a lay-person to try and understand. It takes a while, but if you dissect it, it makes sense. I'm not going to go through the entire thing right now since the purpose of this is to deal with it in relation to Center City. The reason I'm doing that is because it effects the most people.

So, in terms of Center City, the following areas are covered:

• The area bounded by the north side of Vine street on the north, the west side of Broad street on the east, the south side of Lombard street on the south, and the Schuylkill River on the west.
  
  
• Broad street, from the south side of City Hall-South to the Philadelphia Naval Business Center.
  
  
• South street, from the west side of Broad street to the Schuylkill River.
  
  
• The First Councilmanic District.

Now, the last part is where it also gets confusing. The First Council District covers... well, everything east of Broad Street, from Spring Garden all the way down to Oregon Avenue. Amazing. Amazing dumb.

Even more so? Here's three maps. The first is based on the initial wording.



OK, west of City Hall. That stinks, but OK, there's still the east side....



Oh, wait. When we pull out, we see that the 1st Council District makes even the East Side illegal. And not just in Center City. No. Its worse than that!



Yep. From (and I'm being nice here!) Vine Street down to South Philly, all the way to the SHORE, according to this inane, confusing, idiotic law, YOU CAN NOT DO ANYTHING ON THE SIDEWALK!


Let me guess, your chuckling to yourself right now. "Well, I guess those skateboarders and cyclists are going to have to realize now that their little 'hero' here just helped everyone else get them busted!" Well, guess what? This law basically applies to more things than you can imagine! For starters, do you ever sit on the sidewalk? You know, you get tired, no where to sit, you're tired... you sit on the sidewalk. Well, you're breaking the law!

Homeless people who bug you for change? Illegal! Ever walk in a group of people and block the sidewalk? Illegal! If they enforced that one, I think the tourists would get mad! "What do you mean our group of 20 people are getting tickets for obstructing the sidewalk?! We're trying to look at the Liberty Bell!"

Or how about people on Market Street who like to make as much noise as possible to raise money for their marching band? Or the 12 Tribes of Israel group that like to use a loud speaker to spread their hate? Illegal acts all!

So, to clarify, you can't do the following in most of the city:

• (2) Obstructing the Sidewalk Prohibited. No person shall:
  
  
• (a) Park any motorized vehicle on the public sidewalk.
  
  
• (b) Conduct any gambling or other games of chance on the public sidewalk.
  
  
• (c) Ride a bicycle upon any public sidewalk.
  
  
• (d) Ride a scooter, roller skates or skateboard on any public sidewalk.
  
  
• (e) Obstruct the public sidewalk while loading or unloading a commercial or other vehicle, except as shall be necessary for the safe and expeditious loading or unloading of such vehicle.
  
  
• (f) Sell or offer for sale any goods, wares or services on the public sidewalk, without a license from the Department of Licenses and Inspections pursuant to Chapter 9-200.
  
  
• (g) Lie on the public sidewalk, or on any object placed on the public sidewalk.
  
  
• (h) Sit on the public sidewalk, or on any object placed on the public sidewalk, for more than one hour in any two hour time period.
  
  
• (i) Sell or offer for sale any goods, wares or services, or solicit funds for any purpose, in or on the public highway, except for licensed vendors

In terms of skateboarders, its even crazier! The law literally forbids riding your skateboard to the ONLY skate park in Philadelphia, FDR Park! It states you can't skateboard on Broad Street towards the Philadelphia Naval Business Center, which is on the coast, and past the skate park!

Did anyone use their brain when they came up with this?! Was FDR Park not THERE when they created this? Why didn't they modify it up to there?! On top of all that, isn't it safe to say that this also makes having a legal skateboarding business in the heart of the most busy area of Philadelphia next to impossible?! Nocturnal and Bainbridge Skate Shop are the last two skateboard shops standing down there, with Subzero forced out and forced to move north.

Skateboarders have a distinct disadvantage to these inane laws that others who wish to enjoy the "prohibited activities" don't; and otherwise legal right. Center City has the best sidewalks, the nicest areas, and is one of the safest plays to skateboard in Philadelphia. Skateboarders are, to this extent, allowed to skateboard on the street.... which is as dangerous as you can imagine. Have you ever tried skateboarding down Market Street at 3PM? Or even at 8PM? It isn't easy!

City Paper did an article recently about cyclists in Philadelphia, and just how much cycling is a benefit to the city. Skateboarding, for me, is the same. I can't do tricks. I wish I could... I can't. I've been doing this for 12 years, I've been riding on Market Street with ease since 2002 with only 2 actual problems of me running into someone (by accident, completely forgiven, everyone was fine). Its great to get around with, and until Sunday, I've never had a problem and police officers have always been nice to me and let me by. Why? Because I'm kind, courteous, and I watch out for what I'm doing! And most skateboarders are the same way as well.

At the same time, cyclists, for example, are also participating in a legal activity as well that tends to be more dangerous than skateboarding for both themselves and others. They have to stay alert, attentive, and courteous. To their advantage, they can attain and maintain a decent speed that skateboarders can not. Cyclists are given a respect that skateboarders only dream of, and while the same laws apply to them as they do to skateboarders, Philadelphia is more welcoming and, more than anything, TOLERANT of their illegal behavior. My story yesterday is testament to that.

So this law effects more than simply skateboarders; it effects all of us who wish to do otherwise legal activities.

But, as I said at the start, does this circumvent §10-610. Skateboarding, Rollerblading and Bicycling on Public Property? The law is specifically geared towards skateboarders and was passed in 2000. If "Public Property" doesn't apply to, of all things, sidewalks, does that then mean that this law is, in the end, moot? Does this make skateboarding, in essence, illegal in 70% of Philadelphia?!

Like I said, this is incredibly confusing and makes little, if any, sense! So are you still laughing at the skateboarders and claiming it doesn't effect you?

Coming soon, I'll explore what alternatives this leaves for teenagers who want to enjoy this legal and healthy activity, the effects on society, and what it means to your tax dollars. Trust me, you will care.

EDIT: Haveboard pointed out a correction: Bainbridge Skateshop is on the same location that Skatenerd's Minnow was. Bainbridge Skateshop is Elite's new name. Exit and Nocturnal are the two other shops in Philly.