WildBill wrote:Actually, I believe it is a constitutional right to travel [on a public road], but the darn courts have overruled me.
![Smash :smash:](./images/smilies/smash.gif)
Lats time I did any research on this (and it has been a long while), the courts did find that the right to travel was inherent in the Constitution. This also meant that riding a bicycle was a protected activity since the means of travel must be protected if the right to travel is. They recognized equal access to most roads, except those that had limited access, such as toll roads.
I have to admit that some of those decisions dated back to arguments over whether a driver's license could be required (adopted in Texas in 1936) or whether cars could be banned because they scared horses (much further back than the 30's). I am concerned that some of the courts may have changed their minds since 9-11, given the TSA actions and cases arising from it. I am also concerned that the public in general has accepted that driving is a privilege and not a right, but that is also a separate argument.
I do know that Texas law recognizes the legal authority to ride a bicycle on any public road that is not a limited access highway. It also forbids riding on sidewalks, which pretty much guarantees that they will be in the streets. The law does require them to obey the traffic laws though, and recently Austin has been stopping bicyclists (and pedestrians) and enforcing those laws too. That has not been popular, of course but when is law enforcement ever popular.