[Vision2020] Moscow-Pullman Daily News: Megaload cyclist says he'll fight obstruction charge

[Ted Moffett]

I was once told by an attorney working for the federal court in Boise
that the traffic code is deliberately inconsistent, contradictory, so
that it is impossible to always follow all the code rules, no matter
how diligent the operator of the vehicle... Law enforcement can follow
anyone and eventually find a violation to justify a traffic stop, to
employ the tools of investigation etc. that a traffic stop legally
allows police...

http://futures.tradingcharts.com/news/futures/Megaload_cyclist_says_he_ll_fight_obstruction_charge_166154677.html

Oct 08, 2011 (Moscow-Pullman Daily News - McClatchy-Tribune
Information Services via COMTEX) --

A Moscow man says he and a friend were wrongfully arrested and charged
late Thursday night for allegedly obstructing law enforcement by
riding their bicycles on North Main Street ahead of three overlegal
Imperial Oil/ExxonMobil loads.

Zachary E. Johnson, 33, said he probably plans to the fight
accusations in court.

He said he was part of a Critical Mass bike ride earlier Thursday
night prior to shipments passing through the city. Critical Mass of
Moscow is described on its Facebook page as a group that opposes the
fossil fuel industry and promotes cycling and will do so to assert
their right to access roadways.

Johnson said after most bikers dispersed, he and several other
cyclists, including Aaron T. Malgren, 22, who was also arrested
Thursday, made their way from Gritman Medical Center to where South
Main Street intersects with Palouse River Drive.

Once they saw the lights of the ExxonMobil convoy, Johnson said the
cyclists turned around and headed back up Main Street.

"We had no plans to block or impede the megaloads with our bikes or
bodies," he said. "We did not want to get arrested. That was not our
intention at all."

Moscow Police Chief David Duke said about nine cyclists were warned at
the Sunset Mart about riding in the roadway prior to the shipments
entering the city. The cyclists began riding alongside the shipments
on Washington Street, he said, frequently leaving the sidewalk and
returning after warnings from law enforcement. When the loads reached
the Moscow Food Co-op, Duke said several cyclists were observed riding
between the equipment modules, occasionally striking them with their
hands.

"They were making profane comments toward the loads and the drivers,
as well as the flaggers and the officers," Duke said.

Johnson said he and Malgren rode in the bike lane until its end at the
intersection of U.S. Highway 95 and State Highway 8 before moving to
the sidewalk heading north on Washington Street, but was not aware nor
did he participate in any actions against the shipments.

"We were just following alongside peacefully," said Johnson. "We
weren't trying any funny business, trying to weave in between the
loads. Nobody ever rode in front or darted in between the loads. I did
not personally witness any of that."

He said he approached one Moscow police officer in a patrol car
between two loads on Washington Street at one point to report nearly
being struck by a module that was extending into the sidewalk.

"At that point a megaload came very, very close to hitting us on the
sidewalk. It was about six inches away from me, of my face at this
point," Johnson said, adding he was initially ignored by the officer
sitting in the passenger seat of the patrol car. "He rolled up his
window and would not look at me, not look at me at all."

He said he was finally told to lodge his complaint at the police
station, but he instead continued north, again leaving the sidewalk
when his path was impeded by about 40 protesters and returning 50 feet
ahead of them.

Duke said one cyclist rode ahead of the load to intercept it where
Washington and Main streets fork and was later joined by a second
cyclist. These were determined to be Johnson and Malgren.

Johnson said he took Washington Street to Walgreens, and then
proceeded back onto North Main Street using the sidewalk with Malgren.
He said they had to leave the sidewalk again between E and Morton
streets because of a traffic sign in the way that indicated the left
lane of the road was closed.

"A couple seconds after we were back on (the sidewalk), an ISP officer
said through a loud speaker, get on the sidewalk," Johnson said. "At
that time we were already on the sidewalk, so we didn't think anything
of it. All of a sudden I heard his siren. I think he was trying to say
something to us, but the megaload was right next to him."

They were then told to lay down their bikes and sit on the ground,
Johnson said, and were placed under arrest.

According to court documents, Johnson and Malgren had refused to
return to the sidewalk, which led to their arrest and citations for
resisting and obstructing a law enforcement officer. They were also
issued infractions for not licensing their bikes with the city of
Moscow, Duke said.

Johnson said he and Malgren had tried to explain to officers why they
had left the road, but were ignored and taken in a Latah County
Sheriff's Office van to the county jail.

Both men are scheduled to appear in Latah County 2nd District Court at
8:30 a.m. Wednesday. They each posted $500 bonds Friday morning.

"I plan to plead not guilty," Johnson said. "I was trying to explain
to the officers why we were in the road. We both find that these
charges are absurd, and we will probably fight them. I am not guilty
of obstructing and resisting an officer's request.

"I think it's a travesty that this situation had to happen and I think
it's a travesty that law enforcement is having to be put in this
position of having to protect these loads. I think the whole thing all
around is crappy. I wish this whole thing hadn't happened, and I don't
know why it had to happen."

Brandon Macz can be reached at (208) 882-5561, ext. 238, or by email
to bmacz at dnews.com.

___ (c)2011 the Moscow-Pullman Daily News (Moscow, Idaho) Visit the
Moscow-Pullman Daily News (Moscow, Idaho) at www.dnews.com Distributed by MCT
Information Services

Brandon Macz

Copyright (C) 2011, Moscow-Pullman Daily News, Moscow, Idaho
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Vision2020 Post: Ted Moffett