|
EVERY ATTORNEY AND LAW FIRM IN BOISE NEEDS TO COPY THE CONTENTS OF THIS WEBSITE AND KEEP IT IN YOU FILES FOR FUTURE CIVIL LAWSUITS AGAINST THE CITY FOR INDIVIDUALS OR RELATIVES OF THOSE WHO ARE RUN DOWN AND EITHER INJURED OR KILLED BY THESE ILLEGAL MACHINES ON SIDEWALKS. THE DOCUMENTS IN THIS SITE ARE AN INDISPUTABLE TIMELINE OF FRAUD BEGINNING ON NOVEMBER 17, 2018 AND AGAIN ON DECEMBER 18, 2018 THAT SHOWS THE CITY GOVERNMENT AND POLICE WERE FULLY INFORMED OF THE DELIBERATE AND ILLEGAL ACTIONS OF BOISE CITY PUBLIC OFFICIALS. LIST OF CITY OF BOISE OFFICIALS SENT THE 12/18/2019 LEGAL LETTER ON E-SCOOTERS. NONE OF THESE OFFICIALS EVER RESPONDED TO THIS LETTER. THESE ARE THE PEOPLE YOU ELECTED WHO CREATED THIS BLATANT DANGEROUS FRAUD. (1) EMAIL WITH DECEMBER 18, 2018 REQUEST FOR CRIMINAL INVESTIGATION REGARDING E-SCOOTERS Criminal Investigation Regarding E-scooters From: [email protected] To: [email protected], [email protected] Cc: [email protected], [email protected], [email protected] Date: Tue, 18 Dec 2018 11:46:25 -0700 Download REQUEST FOR CRIMINAL INVESTIGATION.docx (22,448 bytes) Boise Police Chief William Bones, Please read the legal letter attachment of REQUEST FOR CRIMINAL INVESTIGATION OF THE MAYOR AND CITY COUNCIL REGARDING THEIR FRAUDULENT ALTERATION OF IDAHO STATUTES TO ALLOW E-SCOOTERS ON THE SIDEWALKS AND GREENBELT OF BOISE THAT IS A DIRECT PHYSICAL HAZARD TO ALL PEDESTRIANS. As stated in this document "Plaintiff originally saw this violation of Idaho Statutes as a joint problem of the police and members of city government but after further investigation it is blatantly clear that it is a fraud perpetrated by the Mayor and City Council. The immediate halting of the use of e-scooters on sidewalks is imperative for the safety of the public especially the elderly and very young children. The attachment is in partial civil suit format as it will be filled in the coming months for FRAUD in the manipulation and distortion of State Statutes for financial gain. This legal request is in response to the Deputy City Attorney's "Schmoozing" letter sent to me trying to cover the illegal tracks they plainly left in their code relating to e- scooters. Please act IMMEDIATELY. Regards, Christopher Burdge (2) DECEMBER 18, 2018 REQUEST FOR CRIMINAL INVESTIGATION REQUEST FOR CRIMINAL INVESTIGATION OF THE MAYOR AND CITY COUNCIL REGARDING THEIR FRAUDULENT ALTERATION OF IDAHO STATUTES TO ALLOW E-SCOOTERS ON THE SIDEWALKS AND GREENBELT OF BOISE THAT IS A DIRECT PHYSICAL HAZARD TO ALL PEDESTRIANS Plaintiff request a criminal investigation be conducted by the Boise Police regarding the fraudulent alteration of Idaho Statutes by the Mayor and City Council of Boise to allow “e-scooters” on the sidewalks and greenbelt of Boise. Plaintiff asks the Boise Police for and immediate halt of and ticketing of anyone using such “e-scooters” on the sidewalks and green belt. Plaintiff originally saw this violation of Idaho Statutes as a joint problem of the police and members of city government but after further investigation it is blatantly clear that it is a fraud perpetrated by the Mayor and City Council. CAUSE OF ACTION The Mayor and Boise City Council hereafter called the Defendants have deliberately, nefariously and fraudulently violated Idaho Statutes in their fabrication of new words and definitions of “e-scooters” in Boise City Code Title 5, Chapter 11 and Title 10, Chapter 14 that are in direct violation of Idaho Statutes in order to financially increase the coffers of the Defendants without concern for the safety of pedestrians especially the elderly and very young children. The Facts of this Case will show that the Defendants in their construction of Boise City Code Title 5, Chapter 11 and Title 10, Chapter 14 have deliberately introduced new terms and theories unsubstantiated by Idaho Statutes and in direct conflict with state, local and federal statutes in their effort to allow an illegal electric “e-scooter” on the sidewalks and beltways under the jurisdiction of the City of Boise for financial gain and to the detriment of the safety of pedestrians especially the elderly and very young children. HISTORY During the beginning of late Summer of 2018, Plaintiff noticed the abrupt appearance of Lime Bike Company commercial rental “e-scooters” parked on the sidewalks and green beltways under the jurisdiction of Boise for rental via phone application. The “e-scooters” quickly became joy rides for teenagers and 20 something generation on the sidewalks and green beltway despite the warnings printed on the scooters that you had to be 18 years or older and they were only legal on the road and not the sidewalks. In order to rent one on location via phone application the renter had to affirm the 2 aforementioned restrictions. Despite the warning young people began running the scooters on the sidewalks and green belt at high rates of speed without any concern for the dangers they caused for pedestrians especially the elderly and very young children. Plaintiff has witnessed swarms (like wild animal packs) on the sidewalks specifically in the immediate downtown area of Boise racing like these devices were bumper cars at a carnival which will get infinitely worse during warmer weather. Plaintiff also witnessed several near miss collisions with young infants in baby strollers as parents were coming around the corner of a sidewalk where such collisions would have either seriously injured or killed the young infants. Plaintiff sent Defendants and Boise Police Chief a letter on November 17, 2018 detailing the events he saw and a legal analysis using both Idaho Statute and Boise City Code to show that such “e-scooters” were illegal on the sidewalks and greenbelt of Boise which is stated on the “e-scooters” themselves and the rental phone application of the Lime Bike Company. Jennifer Pitino, Boise Deputy City Attorney on December 5, 2018 sent Plaintiff a “schmoozing” letter to cover up for Defendants nefarious shell game scam of definitions regarding “e-scooters” which are in direct violation of Idaho Statutes. By shuffling around and altering Idaho Statute definitions within Boise Code which the Defendants presume the general public will not notice or figure out that Mayor and City Council of Boise have sold the public’s safety out in order to fill the financial coffers of the City of Boise. There is a reason why the Idaho State Legislatures worded the Statues regarding what is acceptable and safe on sidewalks. The Facts of this Case will show that the Defendants have knowingly and willfully subverted Idaho Statues by presenting a play of words in its City Code regarding electric “e-scooters” for money without regards for the safety of the public especially the elderly and very young. CASE AND FACTS (1) Pursuant to Idaho Statutes RULES OF THE ROAD 49-605 DRIVING UPON SIDEWALK states, “No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or temporary driveway. This section shall not apply to any vehicle moved exclusively by human power, a personal delivery device, an “electric personal assistive mobility device”, nor to any motorized wheelchair” AND such "electric personal assistive mobility device" is defined in Idaho Statutes 49-106 DEFINITIONS as a “self-balancing two (2) nontandem wheeled device.” (2) The definition for “tandum” in any legal or regular dictionary is a device with one wheel in front of the other and “nontandum” is 2 wheels’ side by side. Definitions in the Code of Federal Regulations CFR 23 CFR 652.3, in Idaho Statutes 49-103, and in Boise Code Section 10-01-01 defines a bicycle as “A vehicle having two tandem wheels” which means one wheel in front of the other in line with each other for those of you who have not used a bicycle. (3) The “e-scooter” IS NOT in any fashion or imagination a “nontandum wheeled device” for it DOES HAVE wheels in “tandum” (one wheel in front of the other) and is NOT “self balancing” the way the Segway device is and the reason for why State Statutes specifically state “self-balancing two (2) nontandem wheeled device” which is the description of the Segway device developed years ago. Anyone who has seen or rode a Segway knows without any doubt that an “e-scooter” IS NOT anything close to it. The “e-scooter” IS NOT “self balancing” the same as a bicycle IS NOT “self balancing” and will fall over without the control of the person riding it. The Segway has 2 wheels that are side by side meaning “nontandum” and has a “self balancing” mechanism inside that keeps it upright while the rider stands on the foot platform. The “e-scooter” unlike the Segway is a cheap kids toy that the Defendants see as a way to pull in more revenue money to pad the pockets of Boise City Government. If citizens of Boise actually owned their “e-scooters” that brings in no revenue for the city coffers, then the e-scooter would not have been nefariously and fraudulently inserted into city code. The e-scooter is nothing but an amusement park toy like a bumper car ride at carnivals where pedestrians get bumped or killed if it is a young child or elderly person. Lime Bike type “e-scooters” never appeared in Boise until the commercial rental vehicle company of Lime Bike appeared like locust virtually overnight. This was a force majeure takeover of the sidewalks and green belt by an illegal commercial rented vehicle to fatten the pockets of politicians at the expense of pedestrians and legal bikers. (4) Pursuant to Idaho Statutes 50-301 CORPORATE AND LOCAL SELF-GOVERNMENT POWERS – “Cities governed by this act shall be bodies corporate and politic; and exercise all powers and perform all functions of local self-government in city affairs as are not specifically prohibited by or in conflict with the general laws or the constitution of the state of Idaho.” The fraudulent definition given the “e-scooter” of “ELECTRIC POWER-ASSISTED SCOOTER (“E-scooter”): A two (2) wheeled device” (Boise Code Section 10-14-01 DEFINITIONS ), by the Defendants is in direct “conflict with the general laws or the constitution of the state of Idaho” and is therefore voided. (5) In order to perpetrate this fraudulent scam the Defendants have voided the Idaho Statute definition of “electric personal assistive mobility device” which is by State definition a “self-balancing two (2) nontandem wheeled device” and replaced it with “ELECTRIC POWER-ASSISTED SCOOTER (“E-scooter”): A two (2) wheeled device” (Boise Code Section 10-14-01 DEFINITIONS ), in order to allow the use of “e-scooters” on city sidewalks and greenbelt which pursuant to Idaho Statutes are reserved for pedestrians and bicycles. The comparison of Idaho Statutes version of “electric personal assistive mobility device” and Boise Code version of “ELECTRIC POWER-ASSISTED SCOOTER (“E-scooter”)” is prima facie evidence that this was no mere mistake, it was blatant fraud by the Mayor and Boise City Counsel. Furthermore, the “e-scooter” as defined by Boise Code is “A two (2) wheeled device” where the legal definition under Idaho Statutes for an “electric personal assistive mobility device” is a “self-balancing two (2) nontandem wheeled device” which the Segway device is a perfect example of. The Defendants deliberately restricted the definition in Boise Code of the e-scooter to “A two (2) wheeled device” without defining it as a tandem vehicle like the definition of a bicycle under aforementioned federal, state and city code. The entire Boise Code in reference to “e-scooters” is the definition of collusion of Boise Mayor and Boise City Council members (the Defendants) to nefariously and fraudulently deceive the public in order to fatten the city financial coffers at the expense of the safety of pedestrians especially the very young and elderly. Boise Code Section 10-14-09 stating, “A bicycle, E-bike or E-scooter may be operated upon a sidewalk” is a hideous fraud committed by the Mayor and Boise City Council. (6) Collusion in itself is not a crime but collusion in the committing a fraud is a crime and the Mayor and Boise City Council in the plain language of the law have indisputably committed fraud in the manipulating the NEW local Boise City Code to allow “e-scooters” on the sidewalks of Boise for pure financial gain regardless of the injury or death of pedestrians especially the very young and elderly. Pursuant to Idaho Statute 73-113; CONSTRUCTION OF WORDS AND PHRASES (1) states, “The language of a statute should be given its plain, usual and ordinary meaning. Where a statute is clear and unambiguous, the expressed intent of the legislature shall be given effect without engaging in statutory construction. The literal words of a statute are the best guide to determining legislative intent.” The plain, ordinary and literal meaning of the words of Idaho Statutes regarding the use of “e-scooters” on sidewalks is clear and indisputable. The “schmoozing” letter sent to Plaintiff on December 5, 2018 by Boise Deputy City Attorney in response to Plaintiffs November 17, 2018 legal letter sent to the Mayor, City Council and Boise Chief of Police was nothing more than a desperate attempt to cover up the facts of their fraudulent act. Boise City, pursuant to Idaho Statutes CANNOT overrule state law. Plaintiff asks for the immediate cessation of the use of any “e-scooter” on the sidewalks and greenbelt of Boise and a criminal investigation of the Mayor and Boise City Council in the fraud that has and is still endangering the lives of pedestrians especially the elderly and very young. Christopher Burdge PO Box 6725 Boise ID 83707 Email: [email protected] (3) FIRST LETTER SENT BY EMAIL ATTACHMENT TO THE BELOW NAMES PEOPLE AND ADDRESSES Chief William Bones Boise Chief of Police [email protected] Joe Schott Internal Affairs Investigator Boise Police Department Office: (208)570-6163 / Fax: 208-570-6199 [email protected] [email protected] [email protected] November 17, 2018 This document is being sent to the Boise Chief of Police William Bones, the city of Boise and Boise Police Internal Affairs to expedite any possibility of evasion of the exercise of the law which in this case endangers the lives of the public. There is no doubt that some politician has taken a bribe telling the Boise Police to allow such illegal and dangerous use of the e-vehicles on the sidewalks of Boise and Ada County in direct violation of the law. DEMAND FOR IMMEDIATE ACTION Pursuant to Idaho Statute Title 49 Section 49-605 (copied below) NO motorized vehicles are allowed on sidewalks unless they are “assistive mobility device” which means motorized wheelchairs. There has been an invasion of illegal motorized scooters present on the sidewalks in Boise and surrounding green belt pedestrian and bicycle trails. They are used by immature children with no recognition of safety of those legally using the sidewalks and when a near accident happens they find it funny and laugh as if they are at some amusement park ride. In addition, the owners of these vehicles have become increasingly aggressive in the placement of them on the sidewalks because of the use and novelty of them are decreasing. This morning as I walked along the sidewalk on Broadway Avenue near Beacon, there were 3 such vehicles completely 100% blocking the sidewalk neatly placed by the owner of them to force a pedestrian to walk in the road in violation of Idaho Statute Title 49 Section 49-708 (copied below). The e-scooters in question DO NOT fall within the Boise e-bike law. E-bikes are bicycles that assist riders through the use of electrical motors. Boise’s law divides them into three types. Class 1 e-bikes do not propel themselves. Instead, their motors help riders pedal. Class 2 e-bikes have throttles that propel the bike in addition to the pedal assist function. Both Class 1 and Class 2 e-bikes have top speeds of 20 mph. Their electrical power cuts out when that speed is reached. Class 3 e-bikes also have throttles. The difference is that they have top speeds that can exceed 28 mph. The city’s law will not allow them on the Greenbelt, sidewalks, crosswalks or in bike lanes. UNDER BOISE E-BICYCLE LAW WHICH IS ALLOWED UNDER IDAHO STATUE 49-605 ALL ARE REQUIRED TO BE BICYCLES WITH PEDDLES WHERE THE ELECTRIC MOTER IS POWER ASSIST TO THE BICYCLE. The e-scooters are in no way remotely within either Idaho Statue 49-605 nor the subsidiary Boise Code. They are a hazards to all those using the sidewalks and green belt and an obstruction of right of way of a public thoroughfare of the sidewalk. THEY BELONG IN THE ROAD LIKE ALL OTHER VEHICLES DEFINED IN IDAHO STATUTES. I DEMAND THE IMMEDIATE REMOVAL OF THESE DEVICES AND THE TICKETING OF THOSE USING THEM ON PUBLIC SIDEWALKS IN ANY WAY. THEY ARE VEHICLES NO DIFFERENT UNDER IDAHO LAW THAN DRIVING A CAR DOWN A SIDEWALK. THERE ARE NO EXCEPTIONS TO THIS UNDER THE LAW. FAILURE TO TAKE IMMEDIATE ACTION BY THE BOISE POLICE IN THIS HAZARD WILL BRING A QUICK LAWSUIT AGAINST BOISE CITY GOVERNMENT AND THE BOISE POLICE FOR IT IS ILLEGAL FOR ANY OFFICER TO FAIL TO ENFORCE A KNOWN LAW ESPECIALLY ONE THAT PREVENTS THE ENDANGERMENT OF LIVES. I AM ALSO REQUESTING THAT ANY AND ALL SUCH E-VEHICLES THAT ARE PARKED ON THE SIDEWALK LOCATED AS SUCH FOR RENTAL/HIRE BY THE OWNERS IN ANY WAY BE CONFISCATED FOR OBSTRUCTION OF A PEDESTRIAN RIGHT OF WAY AND THE OWNERS FIND FOR THEIR RETRIEVAL. SIDEWALKS ARE NOT IN ANY WAY RENTAL PARKING LOTS FOR VEHICLES. Regards, Christopher Burdge PO Box 6725 Boise Id 83707 IDAHO STATUTES TITLE 49 MOTOR VEHICLES CHAPTER 6 RULES OF THE ROAD 49-605. DRIVING UPON SIDEWALK. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or temporary driveway. This section shall not apply to any vehicle moved exclusively by human power, a personal delivery device, an electric personal assistive mobility device, nor to any motorized wheelchair. For the purposes of assuring the safety of pedestrians and others using sidewalks, a political subdivision having jurisdiction over sidewalks may, by ordinance or by traffic control device, regulate the time, place and manner of the operation of electric personal assistive mobility devices. History: [49-605, added 1988, ch. 265, sec. 144, p. 656; am. 2002, ch. 160, sec. 4, p. 473; am. 2017, ch. 147, sec. 3, p. 363.] IDAHO STATUTES TITLE 49 MOTOR VEHICLES CHAPTER 7 PEDESTRIANS AND BICYCLES 49-708. PEDESTRIANS ON HIGHWAYS. (1) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (2) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway. (3) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way highway, shall walk only on the left side of the highway. (4) Except as otherwise provided in this title, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway. History: [49-708, added 1988, ch. 265, sec. 199, p. 677.] BOISE MAYOR DAVE BIETER SIX BOISE CITY COUNCIL MEMBERS Council Member TJ Thomson, Council Member Lisa E. Sánchez, Council President Pro Tem Elaine Clegg, Council President Lauren McLean, Council Member Scot Ludwig, Council Member Holli Woodings THESE ARE THE 31 IDAHO SENATORS AND REPRESENTATIVE OF THE DISTRICTS OF BOISE AND ADA COUNTY THAT WERE FULLY INFORMED OF THE E-SCOOTER FRAUD Regina M. Bayer (R) [email protected] District 21 1st term 265 E. Calderwood Drive, Meridian, 83642 Cherie Buckner-Webb (D) [email protected] Assistant Minority Leader District 19 4th term (Served 1 term, House 2010-2012) 2304 W. Bella St., Boise, 83702 Grant Burgoyne (D) [email protected] District 16 3rd term (Served 3 terms, House 2008-2014) 2203 Mountain View Drive, Boise , 83706 Lori Den Hartog (R) [email protected] District 22 3rd term P.O. Box 267, Meridian, 83680 C. Scott Grow (R) [email protected] District 14 2nd term 556 N. Clearpoint Way, Eagle, 83616 Maryanne Jordan (D) [email protected] Minority Caucus Chair District 17 3rd term 312 N. Atlantic Street, Boise, 83706 Fred S. Martin (R) [email protected] District 15 4th term 3672 Tumbleweed Place, Boise, 83713 Janie Ward-Engelking (D) [email protected] District 18 4th term (Served 1 term, House 2012-2013) 3578 S. Crosspoint Avenue, Boise, 83706 Chuck Winder (R) [email protected] Majority Leader District 20 6th term 5528 N. Ebbetts Avenue, Boise, 83713 Robert Anderst (R) [email protected] District 12 House Seat A 4th term 7401 E. Grey Lag Drive, Nampa, ID, 83687 Steve Berch (D) [email protected] District 15 House Seat A 1st term P.O. Box 4903, Boise, ID, 83711 Sue Chew (D) [email protected] District 17 House Seat B 7th term 1304 Lincoln Avenue, Boise, ID, 83706 Gary E. Collins (R) [email protected] District 13 House Seat B 10th term 2019 E. Massachusetts Avenue, Nampa, ID, 83686 Brent J. Crane (R) [email protected] District 13 House Seat A 7th term P.O. Box 86, Nampa, ID, 83653 Thomas Dayley (R) [email protected] District 21 House Seat B 4th term 4892 S. Willandra Way, Boise, ID, 83709 Gayann DeMordaunt (R) [email protected] District 14 House Seat B 2nd term 1017 S. Arbor Island Way, Eagle, ID, 83616 Jake Ellis (D) [email protected] District 15 House Seat B 1st term 3383 N. Five Mile Road #298, Boise, ID, 83713 Mathew W. “Mat” Erpelding (D) [email protected] Minority Leader District 19 House Seat A 4th term P.O. Box 1697, Boise, ID, 83701 John Gannon (D) [email protected] District 17 House Seat A 4th term (Served 1 term, House 1990-1992) 1104 S. Johnson Street, Boise, ID, 83705 Brooke Green (D) [email protected] District 18 House Seat B 1st term 285 W. Carter Street, Boise, ID, 83706 Steven Harris (R) [email protected] District 21 House Seat A 4th term 3432 E. Plympton Drive, Meridian, ID, 83642 James Holtzclaw (R) [email protected] District 20 House Seat B 4th term 3720 N. Heritage View Avenue, Meridian, ID, 83646 Rob Mason (D) [email protected] District 16 House Seat B 1st term 2902 W. Good Street, Boise, ID, 83703 John McCrostie (D) [email protected] District 16 House Seat A 3rd term 7820 W. Riverside Drive, Garden City, ID, 83714 Jason A. Monks (R) [email protected] Assistant Majority Leader District 22 House Seat B 4th term 3865 S. Black Cat Road, Nampa, ID, 83687 Mike Moyle (R) [email protected] Majority Leader District 14 House Seat A 11th term 480 N. Plummer Road, Star, ID, 83669 Joe Palmer (R) [email protected] District 20 House Seat A 6th term 1524 N. Meridian Road, Meridian, ID, 83642 Ilana Rubel (D) [email protected] Assistant Minority Leader District 18 House Seat A 4th term 2750 Migratory Drive, Boise, ID, 83706 John Vander Woude (R) [email protected] District 22 House Seat A 5th term (Served 1 term, House 2006-2008) 5311 Ridgewood Road, Nampa, ID, 83687 Melissa Wintrow (D) [email protected] District 19 House Seat B 3rd term 1711 Ridenbaugh Street, Boise, ID, 83702 Rick D. Youngblood (R) [email protected] District 12 House Seat B 4th term 12612 Smith Avenue, Nampa, ID, 83651 |
Some of Our More Popular Services
Edit this text and tell your site visitors who you are. To edit, simply click directly on the text and add your own words. Use this text to go into more detail about your company. Make sure to include information about how your company came to be.
Personal Loan Advice
Proin eget cursus dui. In in interdum ex. Lorem ipsum dolor sit amet, consectetur.
|
Retirement Planning
Ut eget finibus lectus. Proin eget cursus dui. In in interdum ex.
|
Investment Strategy
Curabitur convallis velit in augue feugiat, ut hendrerit lectus aliquam.
|
Our Team Has a
|
|
What Our Client's Are Saying
Mary Beth
"Curabitur ut leo eget felis sagittis dignissim. Nullam vel sollicitudin nisl. Ut hendrerit sodales est id
sollicitudin. Donec iaculis tincidunt leo, non molestie mi dictum a."
sollicitudin. Donec iaculis tincidunt leo, non molestie mi dictum a."
About Us
Edit this text and tell your site visitors who you are. To edit, simply click directly on the text and add your own words. Use this text to go into more detail about your company. Make sure to include information about how your company came to be.
246 West Main Street, #101 New York, NY 10001 (888) 121-1212
