Selz Appeal Explanation

The Steve Selz Case

By Chuck Smith
Chair, Ohio Bicycle Federation

July 16, 1999 started as a normal day for Steve Selz. He rode through Trotwood on Salem Avenue, as he had done so many times before. Selz is a transportation bicyclist who does not own an automobile

The normality of this day ended abruptly when Selz was pulled over by a Trotwood Police patrol car. Selz was issued a ticket for impeding traffic under Section 333.04 of the City Of Trotwood code, which reads as follows:

(a) no Person shall stop or operate a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.

Selz was surprised to be given the ticket, particularly since Salem Avenue at this point has five lanes, providing motorists plenty of room to move around a bicyclist. Also, Selz said he was riding in the right tire tracks of the right lane, in no way blocking traffic.

The Trial

On Monday, February 7, Selz faced trial for this ticket. The Montgomery County Court found Selz guilty and fined him $100. Read the brief filed for Selz' trial.

One might say that all Ohio bicyclists faced trial with Selz on February 7. Ordinances like Trotwood’s lend themselves to arbitrary enforcement against bicyclists.

Cincinnati attorney and bicyclist Steve Magas donated his services to the OBF free of charge. The Ohio Bicycle Federation paid only for the preparation of the trial transcript, a requirement for appeal.

The Appeal

In early May, 2000, attorney Steve Magas filed an appeal to the February ruling. Read the Selz appellate brief.
Magas filed a Motion for Oral Argument on appeal.
In late July, Trotwood filed its brief in response to the Selz appeal.
On October 2, Selz attorney Steve Magas presented his oral argument before the three judges of the 2nd District Court of Appeals in Dayton.
On October 20, the court reached a 2-1 verdict in favor of Selz.

The Decision

Read the favorable official opinion of the 2nd District Court of Appeals concerning the Selz appeal.

A special cake appeared at an Ohio Bicycle Federation Fall 2000 Meeting to celebrate Steve Selz' "Impeding Traffic" appeal and acquittal.

A Legal Defense Fund

The Ohio Bicycle Federation has established a Legal Defense Fund for defending bicyclists who find themselves in situations like that of Steve Selz. This fund made the Steve Selz appeal possible...

Contributions

To contribute to the Fund, send a check made out to "The Ohio Bicycle Federation" to:

Ohio Bicycle Federation
Legal Defense Fund
P.O. Box 253
Xenia OH 45385-0253