The Iowa Court of Appeals sided with the city of Riverdale in the closing a trail by erecting a fence across it. The severed trail connects the Mississippi River Trail and the Duck Creek Parkway in the Quad Cities. Riverdale put up the fence to stop bicyclists from accessing the Haven’s Acres neighborhood.
In the decision, the court cited a street definition is width to width and not end to end. A street is defined to carry vehicular traffic which a bicycle is excluded from that defintion. Finally, the sidewalk does not constitute a street when not adjacent to the street.
The Quad Cities Bicycle Club has indicated they will appeal. In a statement on Facebook:
The Quad Cities Bicycle Club has decided to ask the Iowa Supreme Court to overturn the Appeals Court decision. This is our last chance to remove the Gate and regain the safest connection between the MRT and the Duck Creek Trail. Our attorney will submit our request next week.
We believe that the Supreme Court will review our case differently than did the Appeals Court.
We need to quickly raise $7500 to cover legal fees to submit our request and, if accepted, respond to Court requests. Our attorney continues to undercharge us. Please consider giving to our new GoFundMe or send a check to me at 4552 Amber Court in Bettendorf made out to QCBC. [https://gofund.me/266b8762]
View the opinion: https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/21-0765