Bicycle policy raises questions of legality

Noel Weyrich, president of the Bicycle Coalition of the Delaware Valley, said Friday the reinstated campus bicycle ban is both illegal and "ridiculous." "The University has no legal right to curtail otherwise lawful behavior on Locust Walk without a city ordinance," Weyrich said. The ban, which restricts bicycle riding on major campus thoroughfares Monday through Friday during daytime hours, goes into effect this morning. But two University Law School professors specializing in property law said they believe the University can legally enforce the daytime restrictions. "Students are invitees on University property," said Law Professor Bruce Mann. "Certainly, there is no property or constitutional argument for students. This strikes me as a regulation that the University can enforce." The legality of the University's bicycle ban has been called into question recently as its opponents attempt to keep campus walks open to bicycle traffic. According to legal experts, if the University owns the Locust, Smith, and Hamilton walk properties, administrators can pass any regulations. But if the city owns these properties, a city ordinance would be necessary to enforce the bicycle ban. Associate Treasurer Christopher Mason said Friday the property in question has been University-owned since the late 1960's, "about the same time Locust Walk was closed to traffic." The walk was officially closed to vehicles on November 18, 1968. But Mann and fellow Law Professor Michael Schill also said members of the general public may have legal recourse concerning the Locust Walk ban, even if students don't. Both professors said bicycle commuters may be able to claim a "prescriptive easement" – a right of way afforded a person to make limited use of another's property. In order to claim a prescriptive easement, a person must have an interest adverse to that of the property owner and have used the property for more than 20 years, they said. Under the rules of the ban, University Police will be able to issue citations to students ignoring the ban, University Police Commissioner John Kuprevich said Thursday. But Weyrich said these fines are illegal. "[University] Police have no legitimate authority to issue city traffic tickets under these circumstances," he said, adding that his organization is currently locating "allies in the legal field." Weyrich also claims the ban is elitist and racist because it covers the morning and evening rush hours for Philadelphia's bicycle commuters. He also has questioned University administrators' security priorities. "Forty percent of the bicycle commuters, according to the census, are minorities making under $15,000 a year," Weyrich said. "It's ridiculous. Women are being raped right under their noses and Penn's Keystone Cops are going to be out there harassing law-abiding citizens and tuition-paying students?" Weyrich added he hopes the entire University community is disgusted with the ban and is urging students to "ignore the police, get a ticket and call the Bicycle Coalition for the Delaware Valley." Weyrich and his coalition may receive many calls after tomorrow's student protest beginning at 11 a.m. in front of High Rise East.