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U.S. Constitution
See other U.S. Constitution Articles

Title: Cops Ticket, Arrest Disabled Woman for Legally Riding Her Assistive Scooter on the Sidewalk
Source: Free Thought Project
URL Source: https://thefreethoughtproject.com/oregon-woman-arrested-scooter/
Published: Mar 27, 2020
Author: Matt Agorist
Post Date: 2020-03-28 06:01:38 by Deckard
Keywords: None
Views: 214
Comments: 9

Brookings, OR — Jennifer Gayman, 49, suffers from a degenerative eye disease and pulmonary disease and relies on a mobile electric scooter to get around. She had been using the scooter for years to get around without incident until 2018 when two of Brookings’ finest decided to target her for revenue collection. Now, because two cops preyed on a disabled woman for money, the taxpayers of Brookings will likely be shelling out hundreds of thousands of dollars.

An attorney for Gayman released the body camera footage this week from her stop on November 19, 2018 as part of a $500,000 lawsuit.

The incident unfolded as Gayman was on her way home from singing karaoke with some friends. Like she had done countless times before, Gayman rode her scooter down the sidewalk back to her house.

Gayman would not make it home this time, however, because two cops would stop her claiming that she could not be on her scooter on the sidewalk, in a crosswalk or without a helmet, according to her suit.

Clearly shocked that she was hearing this from the cops, Gayman challenged their assertions, claiming — and rightfully so — that she is disabled and therefore did not have to have on a helmet to ride her assistive scooter. Gayman apparently knew the law better than the officers who had to pull out their cellphones to try and find the correct law.

They claimed to have found the law and then issued Gayman three citations: operating the scooter in a crosswalk, unsafe operation of the scooter and failure to wear protective headgear.

These heroic cops then told the woman that she could not ride her scooter home and refused to give her a ride. They were completely resolute in the notion of leaving a disabled woman on the side of the road, stranded in the middle of the night. Her home was two miles away and with her condition, it would have been nearly impossible to make it.

“I want to go home. You guys are pulling me over for no reason,’’ she told them. “You take my disability act, and you’re throwing it in the garbage.’’

Having no other options to get herself home, Gayman started driving away on her scooter. This would result in the officers claiming she was “eluding” them. The world’s most pathetic police pursuit then began as the officers turned on their lights and sirens and even radioed in for backup — for a disabled woman trying to get home on her electronic scooter.

When Gayman finally got to her house, she found herself surrounded by cops like she had just robbed a bank. She was then arrested and brought to jail for eluding police and interfering with an officer. Unfortunately, Gayman was found guilty of attempting to elude police and she was sentenced to five days in jail and 18 months of probation.

Now she is suing the police department for escalating this incident solely based on their ignorance of the law.

As Oregon Live reports:

Attorney Jacob Johnstun, who is representing Gayman in her civil suit, said the officers looked up state law on scooters but didn’t take into account how the law applies to a disabled woman.

The suit contends the officers violated her rights under federal disabilities law, which says government municipalities must provide accommodations for people with disabilities who require the assistance of a mobility aid or device.

Under the American with Disabilities Act, “certain local rules and laws do not apply to persons with disabilities while they are utilizing their mobility devices,’’ such as the requirement of the use of a helmet or other protective head gear while using a scooter under Oregon state law, Johnstun argues in the suit.

“It is ridiculous,’’ Johnstun said. “It strains belief that any officer can really believe that the law required a disabled woman to have to get off their scooter and walk it across the crosswalk.’’

Ridiculous indeed. Oregon Statute, 2017 ORS 814.550 (emphasis added) clearly states that Gayman was in violation of no laws.

An electric personal assistive mobility device is not a motor vehicle for purposes of the Oregon Vehicle Code, except when specifically provided by statute.

***

(3)A person operating an electric personal assistive mobility device on a sidewalk is subject to any provisions applicable to and has the same rights and duties as a pedestrian on a sidewalk, except when otherwise specifically provided by statute.

Below is this most infuriating video showing two cops who had nothing better to do that night than harass a disabled woman for trying to get home — riding a scooter that she could’ve driven down the aisles of a grocery store.

This is why rapes and murders are rarely solved.


Poster Comment:

It wouldn't be unfair to refer to the cops here as "scumbags".

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#1. To: All (#0) (Edited)

Unfortunately, Gayman was found guilty of attempting to elude police and she was sentenced to five days in jail and 18 months of probation.

On a frigging scooter? Top speed of what, 5 mph?

Symon Brown - 1 week ago (edited)

What vile, evil, hateful people these "police" are! The whole police force should be utterly ashamed at what these two do. And i bet they wonder why good people hate police like this and the ones that think what they did was acceptable!

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2020-03-28   6:04:09 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#1)

It wouldn't be unfair to refer to the cops here as "scumbags".
That of course is true – As it would also be unfair to try and show a sentence by a court of law is unfair without having access to all facts.

After reading this article, the back-stories that I could find and the disabilities act – I have come to the conclusion that the officers were wrong in making the stop. I stand to be corrected if evidence shows otherwise and I do not believe it will.

From the article: Unfortunately, Gayman was found guilty of attempting to elude police and she was sentenced to five days in jail and 18 months of probation.

Comment by Deckard: On a frigging scooter? Top speed of what, 5 mph?

When a person leaves the scene of a police stop by any means and irrespective of the rate at which they are able to move or operate – and even though that person was not at fault for the stop – the person may face a variety of criminal charges for leaving the scene with disregard to the currently ongoing process.

It is my opinion that the officers were wrong in making this stop and the citizens of Brookings, Oregon will probably pay a price for that when the lawsuit is heard.

That said …

Jennifer Gayman was tried and convicted by a court of law and it was determined that she was wrong. She therefore “unfortunately” paid a price for that. Albeit a seemingly excessive price paid based on the one-sided information presented here. One can – or should logically – wonder what we are not learning that made the judge render such a severe and harsh sentence.

Will we ever know what may have occurred off video.

In the articles by Matt Agorist published on The Free Thought Project we tragically never do …

Gatlin  posted on  2020-03-28   7:43:29 ET  Reply   Trace   Private Reply  


#3. To: Gatlin, misterwhite (#2)

You have a heart. I wonder if misterwhite does.

A K A Stone  posted on  2020-03-28   8:05:29 ET  Reply   Trace   Private Reply  


#4. To: A K A Stone, misterwhite (#3)

You have a heart. I wonder if misterwhite does.
I have the time and take the opportunity to be verbose and use more words than may be needed to fully cover and validate my points.

Whereas, I see that misterwhite aims directly at the point with a one-shot kill.

While I don’t always agree with his comments – as well as some others – I do believe his posts contain keen insight when they are carefully considered.

I don’t think it’s a matter of having heart or not – I believe it is different posting presentation and technique you are seeing, Just saying …

Thank you for your comment. I believe I am a sensitive and caring person. But I will never let anyone get away with presenting lies. I will charge head on into the battle against those …

Gatlin  posted on  2020-03-28   8:20:56 ET  Reply   Trace   Private Reply  


#5. To: Gatlin (#4)

I do believe his posts contain keen insight when they are carefully considered.

He is often right.

A K A Stone  posted on  2020-03-28   8:59:40 ET  Reply   Trace   Private Reply  


#6. To: Deckard (#0)

This is why rapes and murders are rarely solved.

Huh? Law enforcement officers don't investigate crimes. Detectives do that.

misterwhite  posted on  2020-03-28   12:38:08 ET  Reply   Trace   Private Reply  


#7. To: Deckard (#0)

It wouldn't be unfair to refer to the cops here as "scumbags".

Nor would it be unfair to refer to her as a foul-mouth bitch.

misterwhite  posted on  2020-03-28   13:03:08 ET  Reply   Trace   Private Reply  


#8. To: A K A Stone (#5)

I do believe his posts contain keen insight when they are carefully considered.

He is often right.

I think so too.

I am glad that he posts here ...

Gatlin  posted on  2020-03-28   13:07:21 ET  Reply   Trace   Private Reply  


#9. To: Deckard (#1) (Edited)

On a frigging scooter? Top speed of what, 5 mph?

This model? 15-20 mph. This is not some grocery mart mobility scooter (as the article wants you to believe). Mobility scooters have a max speed of 3-5 mph, by law. Watch the first video at the end where she speeds away. She's bookin'.

Second, she's disabled? Because she says so? No documentation? Didn't look disabled in the two videos. I mean, she's fat but that doesn't automatically make her disabled.

Third, if she really is disabled, can she ride any "scooter" she wants on the sidewalk? How is her "scooter" any different than an electric golf cart?

Fourth, I noted that when she illegally drove home she did so on the street -- where this vehicle belongs.

Fifth, settle this in court, not on the street. Actually, had she been nicer, she probably would have only gotten a warning.

misterwhite  posted on  2020-03-28   13:37:34 ET  Reply   Trace   Private Reply  


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