Legal experts: Dallas’ median ban could bring lawsuits; ACLU already ‘exploring options’

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Legal experts: Dallas’ median ban could bring lawsuits; ACLU already ‘exploring options’
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At least two federal appeals courts since 2015 have ruled that similar ordinances in other cities are unconstitutional. A U.S. District Judge in Oklahoma...

with 40 things the city can do to curb traffic deaths. The plan is meant to hit a goal of no traffic deaths in Dallas by 2030.

“This item is about public safety,” said council member Cara Mendelsohn during the Oct. 26 meeting. “The idea of this is to protect people on the median. We’re not trying to deter people from having a walkable city, but when you have a six-lane road, it is dangerous for every pedestrian to cross.”But just claiming a public safety risk isn’t valid enough, according to two federal appeal courts.

When Oklahoma City approved its ordinance, it banned people from sitting or standing on medians less than 30 feet wide and less than 200 feet away from any intersection. People who violated the ordinance could be issued a $100 fine. The 1st Circuit Court of Appeals has jurisdiction in Maine, Massachusetts, New Hampshire, Rhode Island and Puerto Rico. The 10th Circuit Court of Appeals covers Oklahoma, Kansas, New Mexico, Colorado, Wyoming, Utah and parts of Yellowstone National Park in Montana and Idaho.

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